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Public defenders saying no

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

Response pages:  1  2  3  4  5  6  7  8  

Page 5


give the public defenders a raise and recruit more law students into the system... without willing and committed public defenders, our system of justice will fail.

Melissa, Westford


A lot of people seem to accuse Mitt of being "arrogant" and it is a good excuse for those who don't like him to attack him. The fact is that the PDs (making $30/hr) make a livable wage. Maybe it's not a livable wage if you want to drive a BMW or purchase a condo in the Back Bay like some other attorneys, but there are a lot of people who would love to make $30/hour and who work and raise families in the Boston area on less! It's arrogant of the PDs to simply refuse to take cases and "go on strike" so to speak.

Chas, Quincy


For people who think this is a living wage, you really need a reality check. Okay, so the attorneys make $60-$70K per year. Then the attorney has to pay for his family's health insurance a rate of about $800 per month. Then he pays for office expenses (computer, internet access, rent, malpractice insurance, copier, office supplies) and traveling expenses and he's taking home about half of that, if he's lucky.. Are you kidding me? How the heck do you expect someone to pay the cost of their law school loans? Or to buy a home or a new car? I know a lot of attorneys who do this work; they are not bringing home a fortune, they are barely making ends meet. And can someone please explain to me WHY the law the only profession that people seem to think it's okay to force people to work for free??? I don't see architects or construction companies or accountants being forced to work for free; but Mitt thinks that the courts should order the lawyers to work to take these cases pro bono?? Please tell me WHY this is fair??

Gina, Haverhill


This problem will not be resolved until public defenders are paid fairly for their time. Forcing attorneys to take a case will not change anything, and is unlikely to result in adequate counsel for those unable to afford private defense attorneys. The refusal to adequately compensate public defenders will only serve to perpetuate the problematic status quo. Indigent defendants will continue to get subpar counsel, because private attorneys are paid in excess of ten times what the Commonwealth offers for their time. Considering the number of hours a zealous defense requires, it is hardly surprising that defense attorneys want to be paid at least enough to cover their own costs. The Governor's proposed policy will improve nothing, and will only serve to further discourage attorneys from taking these cases.

brendan, brighton


I find it hard to feel sorry for people who commit crimes, and then cry because they can't afford a lawyer. They should have thought about that beforehand. Why should the State pay for these people to get attorneys?? The government is already taking care of enough losers as it is. I also think $30 an hour is pretty good money, and agree with the others who said they're lucky to be making that much. I worked for lawyers for years, and believe they over-charge big time. Anyone that has had to go through probate for an estate, or used a bank lawyer for a closing or refinancing knows that they are paying a lot of money for a small amount of work on the lawyer's part.

Debbie, Walpole


I am a bar advocate. If I worked every hour of my allotted 1800 per year (just about what the normal person works in a year) my gross revenue would be $67, 500 annually. My tax bill would be approximately $8775, bringing me down to $58, 725. Since my overhead is about $15.00 per hour, take away another $27,000 per year, bringing me down to $31725 annually. Oh, I forgot, I still don't health or disability insurance, no retirement plan, I haven't made student loan payments, and if I am home sick for a week I don't get paid....do you see where this is going? People are leaving the work undone because we can't afford to do it and continue subsidizing the Commonwealth. As it is we make far less than anyone else in the courtroom: the judge, the prosecutor, the police, the probation officer, and even the clerk

mark, arlington


What people need to know is that the wage for public defenders can not be compared with wages for other state employees. Because these attorney's are considered independant contractors they get no expenses for office help, copies, telephones, or anything that it takes to run a law office. They get none of the benefits that state employees get (health ins, etc) and have to pay high malpractice insurance out of their own pockets. That means the $30 an hour actually translates down to about $10 an hour after expenses. Everyone knows why public defenders are so poorly paid. Because it's not good politics to give raises to those who are seen as helping criminals. It's much better for politicians to give more money to cops, many of whom make over $100,000 a year and have benefits (Quinn Bill) that are better than many Fortune 500 companies. Maybe a strike is necessary to show Romney what an important service these attorneys provide.

Pat, Westwood


How much does Romney pay his own lawyers? I'll bet it's several multiples of what he wants to pay public defenders. Even a relatively cheap civil attorney runs $125-$150 an hour. My neighbor is a PD and he doesn't get rich doing it. Usually the Legislature underfunds the pool that pays him and he ends up having to wait until a couple of months into the fiscal year to get paid up. The lawyers who deserve our scorn aren't the PDs. And yeah, prosecuters are underpaid, too. But at least they're on a salary and don't have to pay their own expenses.

Grant, Boston


As a recent law school grad, I am now faced with over $150,000 in loans from college & law school combined. For thos of you that view these PDs as greedy, do you know how ridiculous that is? Try spending $700/month in loan payments on top of Boston's absurd rental prices. Good luck making ends meet! Just because lawyers on TV live glamorous lifestyles doesn't mean that is reality. And for the person that characterized PDs as ambulance chasers. You obviously have no clue what you are talking about. PDs are appointed by the court to represent clients who cannot afford their own representation. They are highly overworked and highly underpain. They are not out chasing any ambulances. They not only wouldn't have the time to do so, but they cannot seek out clients on their own.

Matt, Boston


I agree with Governor Romney. This issue concerns me. I don't think the ACLU should have stepped in and sued. What if one of these defendants goes free because there was no lawyer and rapes or hurts one of their children? I think the ACLU needs to do more for the real victims and stop trying to defend the rights of CRIMINALS!

Erin , Charlestown


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