In Massachusetts, a Work Stoppage Forces Judges to Dismiss Criminal Cases
The impasse between the state and the lawyers, who are seeking higher hourly wages, reached a critical juncture last week when judges dismissed 102 criminal cases in Boston and the surrounding Suffolk County. The judges acted under a state law that says defendants must be released from custody after seven days if they needed a court-appointed lawyer and were unable to get one, and the charges against them must be dismissed entirely after 45 days if they still have no lawyer assigned.
One of the defendants who was released from custody was accused of pointing a gun at the mother of his child as she held their baby. Another defendant, a woman, was accused of spraying cologne on her nephew and then using a lighter to burn his arm.
'We consider this an extraordinarily dangerous moment for the public,' said Jim Borghesani, a spokesman for the Suffolk County District Attorney. 'We are informing victims and witnesses that these cases are being dismissed, and those are very difficult conversations — they want justice, and we want justice for them.'
The cases have been dismissed 'without prejudice,' meaning that they can be reopened by prosecutors once legal representation is available to the defendants. Mr. Borghesani said prosecutors intended to do so.
The standoff has put pressure on the state legislature to reassess the state's system for ensuring access to legal representation, as required by the Sixth Amendment.
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