Attorneys ask to drop charges against juveniles while public defenders refuse cases

More than 100 young people charged with crimes in Massachusetts do not have legal representation because of the ongoing work stoppage by public defenders.

The state public defender agency, the Committee for Public Counsel Services (CPCS), has asked the state Supreme Judicial Court to outline procedures for young offenders to protect their constitutional right to an attorney.

In a court filing Monday, the agency said the work stoppage has exacerbated a shortage of juvenile attorneys and has left some defendants under age 18 without legal representation for more than 45 days.

"In light of the ongoing shortages even before the recent work stoppage, the situation is unlikely to improve without intervention," the filing said, noting that most of the cases are in Suffolk and Middlesex counties.

The agency also is seeking to modify the procedures in place for adult cases, known as the Lavallee protocol. The existing protocol calls for releasing adult offenders who are held in custody after seven days if they don't have an attorney. It also establishes that charges against adults without legal representation be dismissed after 45 days.

CPCS is asking that young offenders in custody be released after three days and that charges against juvenile defendants be dismissed after 15 days if they do not have an attorney. The agency in its motion argued that detention is often harmful and prolonged court proceedings can affect a young person's ability to go to school.

"Currently, children are bearing the consequences of the Legislature’s inability to adequately fund the lawyers to which they are constitutionally entitled," the CPCS filing said. "They are dealing with the stress, anxiety, and stigma of a court case hanging over their head, and they have no lawyer to answer their questions or relieve some of their concerns."

Most of the public defenders who represent young defendants are known as Juvenile Court bar advocates and are paid $65 per hour for delinquency cases and $85 per hour for youthful offender cases. The attorneys say the rates are lower than what juvenile defenders are paid in neighboring states.

While CPCS has asked lawmakers to increase the rate of pay for all public defenders, lawmakers said they have not reached consensus on the issue.

Hearings are scheduled Tuesday for adult offenders who've had no legal representation for 45 days and therefore could have their charges dismissed. More than 120 such cases are scheduled in Boston Municipal Court alone. The Trial Court said it will not bring in additional judges to help hear those cases.