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Dozens of criminal cases dismissed amid public defender work stoppage

Dozens of criminal cases were dismissed Tuesday as public defenders in Massachusetts closed, and more could come in the coming weeks.
In fact, more than 800 criminal cases could be dismissed in the coming weeks.

Boston Municipal Court Chief Justice Judge Tracy-Lee Lyons has dismissed nearly 100 cases, giving poor defendants a pass because they were not given a lawyer as required by the Constitution. The charges range from drug cases, assault, battery and shoplifting to shoplifting.

In May, the bar stopped accepting cases, saying public defenders were paid $65 an hour — far less than what neighboring states pay.

These independent contractors represent about 80% of the state’s defendants who can’t afford their own lawyers.

That has overwhelmed the Public Counsel Services Committee, which takes the remaining 20% — leaving hundreds of defendants without legal representation.
Cases are being dismissed because people have been without a lawyer for at least 45 days. The situation is not expected to improve anytime soon.
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