The state's public defenders are refusing to take new cases, pointing out that even with a recently approved raise they are still among the lowest-paid in the nation. A court has ruled that it's illegal to keep poor defendants in prison for more than 7 days, so several have been released because no attorney could be found for them.

Governor Romney has filed a bill to wrest control of the state's public-defender agency away from the judicial system, saying he wants to force the public defenders to either start taking new cases or be banned from such work forever.

Who's right? What's the solution to the impasse?
Read the story: Romney seeks to seize control of public defenders

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I think Romney is being reactionary. The public defenders are, for the most part, independent contractors who must pay for their own office overhead expenses (rent, equipment, photocopies, etc.), their own medical insurance, and are limited by the number of hours they can bill in a year. Asking these attorneys who are performing a thankless task in a high stress environment, to work for less than below fair market wages, is completely unreasonable. The solution? Make it a priority on the state budget. The problems with the Judicial system in this state are not going to be solved by underpaying the public defenders.

Amy, Salem

PAY THESE PEOPLE! Romney has no idea how expensive indigent defense is to these dedicated foot soldiers. They cannot meet expenses when they are paid less than nearly every other state in the country. Our most vulnerable defendants are the ones who suffer the most when their lawyers cannot afford to invest sufficient time and funds into their defense - Massachusetts indigent defense is a national disgrace. Folks who think this is a case of "greedy lawyers" should spend the time educating themselves about the costs of defending these cases and they will quickly understand this is not about profit.

Julie, Somerville

Typical of this liberal piece of garbage state. When will the politicians wake up and realize the state judicial system doesn't evolve around protecting the accused. The rights of those who have had crimes comitted against them should outweigh those of perverts, delinquents, and lay abouts EVERY time! I would disbar the scum and prevent them from practicing law in this state.

Tim, Northshore

I side with the lawyers on this one - Does Romney actually think he can strong-arm the lawyers into accepting an incredibly low wage (for the work they do) in state with one of the highest costs of living?! I'm not sure if its simply arrogance or idiocy on Romney's part. It's a case where the Executive/Legislative branches are willing to stomp on the rights of the accused, and leaving the Judicial branch no option but to let the accused go. Pay the defenders a decent wage, and this will all go away!!

Tim, Boston

The attorneys should accept $37 per hour. Public defenders are not supposed to make tons of money off these assignments or the state would go broke paying their usual overinflated fees. For those that have opened solo practices, this can be a nice way to supplement income while trying to find paying customers in the private sector to gouge. I'm with Mitt.

Dan, Boston

To Rebecca: Mr. Romney does work for less than what the attorney are getting. He is working for free. He does not receive a salary as a governor. Also $30.00 an hour sounds pretty good to me. I wish I was making that much.

John, Boston

Court-appointed attorneys should not have reacted to the increase in pay by refusing to take new cases. However, Gov. Romney is wrong to try and take control of CPCS. My husband is a court-appointed attorney and was very happy with the increase in pay. The raise will make a difference to our family for sure and it does bring Massachusetts up somewhat in the ranks of states. That said, the pay is still out of line with what other states in the region pay, especially for CHINS and C&P cases. Everyone needs to take a deep breath and commit to examining further the causes of the lack of attorneys willing to take on this work.

Rebecca, Holliston

Rebecca, i just read your post and have to believe you are clueless. "Just pay the attorney's a living wage". What are you talking about???????? Attorneys who are appointed a public defender case were making prior to the pay raise either $30/hr, $39/hr, or $54/hour. Do you know what that comes out to on an annual basis? $60,000/yr, $78,000/yr, and $108,000 a year. A $7/hr. raise has been approved adding an additional $14,000 a year to those numbers. How is a lawyer who is appointed from his normal private practice to handle a public defender case at those wages not able to earn a living wage???????

Tim, Boxford

The solution seems obvious: either the state should hire more public defenders or they should raise the rates for private lawyers.

Jason, Belmont, MA

Rebecca, Rebecca, Rebecca... You ask, "Would Mr. Romney work for the hourly rate that the defenders are paid?" Yes, as a matter of fact, I believe that for the good of the Commonwealth he might even work for nothing!

Dan, Boston