Massachusetts Offers Incentives to Address Public Defender Shortage

Courts in the state continue to face a backlog of cases due to a lack of available defense attorneys.

Apr. 5, 2026 at 12:13am

Got story updates? Submit your updates here. ›

Massachusetts is addressing a shortage of public defenders by offering a temporary pay incentive program. Some courts in the state have been operating without any defense attorneys present to take on the backlog of cases for indigent defendants. The Committee for Public Counsel Services is offering a one-time $500 payment to attorneys who take on additional cases in Suffolk and Middlesex counties through June 30.

Why it matters

The incentive program highlights the ongoing 'crisis' of a lack of available defense counsel in Massachusetts, which has been caused in large part by inadequate compensation rates for public defenders. This issue has led to a backlog of cases and defendants going without legal representation, which raises constitutional concerns.

The details

The incentive program run by the Committee for Public Counsel Services (CPCS) entitles attorneys in good standing with any bar advocate program to a one-time $500 payment for each additional case they take on in Suffolk and Middlesex counties. Attorneys can take on 5, 10, or 15 cases from the CPCS's unassigned defendants' list for a possible maximum of $7,500 in incentive bonuses. As of March 25, 185 eligible attorneys had applied to the program, requesting 2,475 cases.

  • In early July 2025, the Supreme Judicial Court initiated the 'Lavallee Protocol' to help dispose of a backlog of indigent criminal cases due to a work stoppage by bar advocates.
  • Last August, the state Legislature passed and Governor Maura Healey signed a bill into law that raised district court-level bar advocate pay by $10 per hour, from $65 to $75, with an additional $10 per hour raise to $85 later this year.

The players

Committee for Public Counsel Services (CPCS)

The agency that oversees the state's bar advocate program and has reported the shortage of available defense counsel, which it says is caused in large part by inadequate compensation rates.

Supreme Judicial Court

The state's highest court, which initiated the 'Lavallee Protocol' in 2025 to help dispose of a backlog of indigent criminal cases due to a work stoppage by bar advocates.

Shira Diner

A clinical lecturer in law at Boston University who has been involved in bar advocacy and says the incentive pay suggests the state is 'not out of this crisis' and the legislature will have to continue to address these issues.

Sean Delaney

An attorney who has served as a leader of the movement for bar advocate pay increases and called the recent $10 per hour raise a 'slap in the face' that ignored the financial pressures bar advocates face.

Lydia Edwards

A Boston Democratic state senator and co-chair of the Judiciary Committee, who in 2025 said she would like to see bar advocates 'get back to work in good faith' and a commitment from the state 'in good faith to work on an increase in their wages.'

Got photos? Submit your photos here. ›

What they’re saying

“There continues to be a shortage of available defense counsel and, as this Court stated in its order, the 'shortage of available defense counsel [is] caused in large part by inadequate compensation rates,'”

— Committee for Public Counsel Services

“The fact that they are currently offering this incentive pay suggests that we are not out of this crisis … and the legislature will have to continue to address these issues.”

— Shira Diner, clinical lecturer in law at Boston University

“What I would love to see is them get back to work in good faith, and a commitment from us in good faith to work on an increase in their wages.”

— Lydia Edwards, state senator and co-chair of the Judiciary Committee

“For whatever increase there is, you can't look at that as a take-home increase. We pale in comparison to other states.”

— Shira Diner, clinical lecturer in law at Boston University

“This situation is a really dire crisis in institutional proportions. Temporary short-term solutions are not going to fix the problems that we are facing.”

— Shira Diner, clinical lecturer in law at Boston University

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.