Boston Judge Applies State Law and Dismisses Over 120 Cases because There Weren't Enough Public Defense Attorneys to Represent Indigent Defendants after 45 Days

Boston Municipal Court Chief Justice Tracy-Lee Lyons dismissed over 120 cases on Tuesday after a work stoppage among public defense attorneys in Suffolk County, Massachusetts. Defendants were released from charges ranging from traffic violations to assault. 

In Massachusetts, a judge is required under the Lavallee protocol to release a defendant from custody if they haven't had an attorney for seven days, and must drop a case if the defendant hasn't had an attorney for 45 days, according to CBS News. 

"This case will be dismissed without prejudice," Lyons said for each case, and noted that all fines and fees would be waived. Lyons took the unprecedented action after hearing from Suffolk County public defenders that they were unable to find the defendants an attorney. 

Suffolk County provides a combination of public defenders and court-appointed attorneys, called bar advocates, for indigent defendants. Bar advocates usually take on about 80 percent of the county's cases, but a dispute over hourly pay led to a work stoppage and a shortage of available defense attorneys at the end of May. The work stoppage has caused more than 1,300 people to lack representation in court as of late June. In early July, the court was forced to release defendants from custody. Tuesday marked the first time the Lavallee protocol has been invoked to drop cases outright. [MORE]