BOSTON — Massachusetts lawmakers have reached a deal to increase hourly compensation for court-appointed attorneys, known as bar advocates, by $20 over the next two years, placing the success of the agreement on whether advocates will return to work.
Currently paid $65 per hour in district court and $85 in superior court, bar advocates—who represent roughly 80% of defendants unable to afford counsel—will see their rate rise to $75 this year and $85 in 2026, under the plan included in a mid‑year supplemental budget. The pay raises are expected to cost the Commonwealth more than $54 million over the next two years.
The bill also allocates $40 million to the Committee for Public Counsel Services (CPCS) over two years, enabling the agency to hire about 300 new public defenders.
Bar advocates began a work stoppage in May, demanding a higher raise—many argued for at least $35 more per hour—and nearly 3,200 defendants remain without counsel, including 145 in custody, triggering the court’s Lavallee protocol, which mandates dismissal of charges after 45 days without representation.
Senate President Karen Spilka took a firm stance Wednesday when asked if the proposed $20 per hour pay raise — spread over two years — would be sufficient to bring bar advocates back to work.
“Nobody else that I’m aware of in the state is getting a 30% salary increase,” she told reporters. “So I urge them to get back to work.”
Massachusetts bar advocates earn the lowest rates in New England—$65 per hour in District Court and $85 per hour in Superior Court—while neighboring states pay significantly more. In Maine, attorneys make $150 per hour; in New Hampshire, $125 per hour; and in Rhode Island, $112 per hour. Other regional jurisdictions, like Connecticut and Vermont, commonly set rates at $100 per hour or higher, underscoring the sizable pay gap.
Legal advocates and legislators emphasize that this pay deal is a crucial first step. A spokesperson for CPCS called it a “critical starting point,” urging Gov. Maura Healey to sign the budget into law to restore representation to those affected.
“This remains a constitutional crisis, and we urge bar advocates to resume accepting new cases on behalf of the clients whose rights are at immediate risk,” said CPCS Chief Counsel Anthony Benedetti. “Their expertise and dedication are indispensable to the fair and effective administration of justice in Massachusetts.”
However, some bar advocates remain skeptical that the raise is sufficient. Attorney Jennifer O’Brien told reporters that a $20-per-hour increase falls short and may not resolve the standoff.
“Reasonableness is what we’re trying to achieve, but we’re not going below the bare minimum ask, which was the $35,” O’Brien said.
The legislature plans to vote on the measure tomorrow. If passed by both the house and senate, it will head to the governor’s desk for final approval.
