On July 3, 2025, Justice Dalila Argentz Wendlandt of the Massachusetts Supreme Judicial Court implemented the Lavallee protocol, aimed at addressing the crisis caused by a public defender work stoppage.

This protocol mandates the release of defendants who have been held without representation for seven days and the dismissal of cases after 45 days.

The work stoppage began in May when many bar advocates ceased accepting cases, protesting stagnant pay rates that have not kept pace with neighboring states.

As a result of the work stoppage, hundreds of criminal defendants are at risk of being released due to a lack of legal representation.

Currently, there are at least 587 unrepresented defendants in Middlesex County and 603 in Suffolk County, with many in custody.

The Massachusetts legislature did not include an increase in bar advocate pay in the latest budget, citing a challenging budget environment.

This situation is developing, with ongoing discussions about the future of public defender compensation and its impact on the justice system.

Justice Wendlandt noted that while the Lavallee protocol addresses the urgent need for representation, it does not resolve the underlying issue of inadequate compensation for public defenders.

Legal experts have raised concerns about public safety implications, warning that releasing defendants without legal representation could pose risks, especially for those accused of violent crimes.

CPCS Chief Counsel Anthony Benedetti emphasized that the state legislature must address the low compensation rates for bar advocates, which currently stand at $65 per hour.

The current pay rates for bar advocates are significantly lower than those offered in surrounding states, prompting calls for increased funding from the legislature.

Senate President Karen Spilka's office indicated that budget cuts across various sectors have complicated financial decisions regarding public defender compensation.