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Boston Judges Free Unrepresented Defendants Under Lavallee Protocol

Lawmakers have yet to allocate funding for higher public defender pay, triggering daily defendant releases under a court mandate.

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Overview

  • Chief Justice Tracy-Lee Lyons has presided over daily emergency hearings in Boston since July 7 to release defendants held more than seven days without lawyers.
  • The Supreme Judicial Court’s Lavallee protocol, enacted after a CPCS petition, requires freeing unrepresented defendants after seven days and dismissing charges after 45 days.
  • More than 1,100 defendants in Middlesex and Suffolk district courts currently lack counsel, highlighting widespread shortages among private bar advocates and CPCS staff.
  • Governor Maura Healey’s fiscal 2026 budget omitted any pay increase for public defenders and no supplemental funding proposal has been introduced.
  • Republican lawmakers have labeled the impasse a constitutional crisis and are urging swift action to end the representation gap.