1. Call Speaker DiMasi’s office at 617 722 2500 and request that supplemental funding for line item 0321-1510 be passed TODAY.
2. Call House Ways and Means Chairman Robert DeLeo at 617 722 2990 and request that supplemental funding for line item 0321-1510 be passed, today.
3. Call your own House Rep – a constituent call is worth 10 other calls: go to http://www.mass.gov/…
After all, someday YOU may need a good court appointed attorney – or your child may – or your friend may…
Please share widely!
nt
This has gotten beyond ridiculous, beyond shameful, into what I can only call either vindictive or punitive nonpayment.
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If it is not fixed by passing that stalled supplemental, I have grave concerns as to how events will shape.
That means that soon it will be six months without payment.
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And if those attorneys stop taking cases, guess what? They will be conscripted, like indentured servants.
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See: Cooper v. Region V. Justices
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I just don’t want to see that happen again. See: http://www.suffolk.e…
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and see http://www.ma-appell…
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Our SJC determined that it is legal to order any attorney who is or has been a bar advocate to take a case without their permission, whether or not payment is being made to them timely.
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It is the only indentured servitude allowed, and it is because only 5% of the attorneys in Massachusetts know how to do this work, and there is greater interest in keeping the gears of “justice” moving then in what I once thought democracy meant. The Rosemary Cooper in the case I linked is a 66 year old grandmother, now dying of cancer, denied fair payment.
Time to pack it up and shut down…too many typos but tomorrow I both go to juvenile court to deal with life and death issues regarding medical neglect, then to the State House to sit in the balcony, and just watch. There is no more I can do, but at least some of us will watch, with the eyes of conscience.
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I had another bar advocate call me in distress, facing foreclosure, and saying how much they wanted to be able to keep doing this, fighting for their indigent clients but were probably going to have to move on because it is just not fair to THEIR kids.
Physicians . dentists, and hospitals and other healthcare vendors often go without compensation. What’s with lawyers. Are they devoid of any altruism?
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Only 5% of massachusetts attorneys are capable of defending and indigent client? Please. It’s called plea bargaining. This is how it works. The defendant is arraigned. The defense attorney is assigned. The defense attorney asks for two continuances for conferences(?) that never happen to pad the bill. On trial day the defense attorney takes the “green sheet” to the defendant and tells him to sign the plea deal (the deal has already been hatched with the ADA) or the judge is going to give him the max—to be served. What a crock of steaming excrement.
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If these guys don’t want to do pro bono in district courts , tell them to do civil or go out and pump gas.
Pro bono is voluntary, the pro bono deliverer knowing that he or she will not be paid, or would be paid at a reduced rate (for expenses directly related to the matter, for example).
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Lawyers who put themselves up for a case in the expectation that they will be paid at the agreed-to rate, such as the bar advocates, are not agreeing to act pro bono.
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Recognize the difference. With the state not funding the bar advocate program, it may very well be that fewer lawyers will agree to become bar advocates. It really is as simple as that.
Forwarded to a lawyer I know who is involved in bar groups, etc. and asked it to be shared with other good minded lawyers. May generate some extra calls for you.
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Most lawyers I’ve spoken to support this kind of stuff and participate in lawer for the day at courts. It’s interesting to see so many lawers care so much. Goes against the stereotype.
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Has Mass Lawyers Weekly been covering the issue prominently? I saw they front-paged Deval’s slow progress on judicial nominations.
I would love to see doctors go totally unpaid for three months – the HOWL would go all the way to the MOON MCRD. Ditto dentists!!! Like attorneys, they come out of graduate school with $80,000 to $100,000 in debt.
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Like most attorneys, I do substantial pro bono work. I cannot go unpaid for three months every year!
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Yes, Massachusetts Lawyers Weekly is giving good coverage.
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Deb
If they want to change going forward, and indenture attorneys, that’s another argument.
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My Rep. IS an attorney, and I would hope the argument would resonate. But as a Dem, may just have to vote as told.
but for me, “Let them eat cake,”
I know what exactly what goes on in district court and it is reprehensible. I would disbar half these people.
But services rendered under the existing system should be paid for.
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UNTIL you disbar them and/or indenture them – you can’t change the rules in the middle of the game!
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I seem to remember a Governor and GOP caucus that took credit for foiling a retroactive tax increase…..
thanks
what exactly is so reprehensible about district court? The fact that defense counsel often plead their clients out in order to get a more lenient disposition, like a continuance without a finding, rather than saddling them with a conviction for a minor crime? The fact that ADAs agree to CWOFs and suspended sentences because they realize that 90% of the misdemeanors that are arraigned in district court aren’t worth sending someone to jail over, and certainly aren’t worth destroying someone’s life over? Frankly, it’s in the interests of judicial efficiency, and in the best interests of defendants, to dispose of most of these cases pre-trial anyway. If you’re familiar with district court, I’m sure you’re aware that (a) the crimes at issue are hardly homicides and (b) in order to try every one of the cases in district court, we’d need about 10 times the number of judges and prosecutors. And the Commonwealth is about as likely to fund the salaries of additional ADAs as they are to fund the bar advocates or CPCS. Which brings us back to the real problem- the fact that the Legislature wants these people prosecuted, but is apparently unwilling to foot the bill for the prosecutions.
No date certain, yet, either. But maybe there is movement. Nothing is certain as of today, though. So stay tuned, I will post an update next week or IF line item 0321-1510 deficiency [the state’s debt for services rendered, and timely billed, but not paid] IS passed.
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We closed our offices. We gave up our ability to work, without pay. We waited. And nothing happened today.
to hear that the Legislature has again snubbed its collective nose at bar advocates. this is really, truly absurd. it never ceases to amaze what the Legislature prioritizes, or more accurately, fails to prioritize.
I have had to deal with money held up for Medicaid before and it is a major disincentive that I am sure has a similar effect on lawyers.
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Will call Stanely and Tarr tomorrow.
So maybe next week? Maybe ?????????????????
Reps who hear from constitutents about bar advocates tomorrow (Monday)will have more reason to push the Speaker and Chairman Deleo include the bar advocates in the long awaited supp budget debate on Tuesday. Good work Amber!!
Amber – as it happens,I had occasion to be in the State House on Friday afternoon, catching up with some old friends. Over coffee, I asked one – why did your boss vote against the Bar Advocates? Respose was – he DID?
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NONE of these guys seem to know what this issue is, or why the money owed is not paid.
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So when you call – cite Chapter and Verse, along with the rationale. Ask for the Rep.’s voicemail, don’t leave the message with the aide. Then call back, and tell the aide too. ALWAYS with line number, veto number if possible.
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This is WAyyyyy under the radar, Amber…
Dear Mme. Porcupine:
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No one voted ‘against’ funding line item 0321-1510 – it is sitting in a stalled supplemental. It is not an over ride situation. It is not an indepedent bill.
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The focus for calls has been Speaker DiMasi and Chairman DeLeo – and hopefully the caller’s own representative.
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But, yes, it is not a high profile, high interest item. It is one more small group of independent contractors who do not particularly sexy work for indigents. A distasteful necessity for most reps, I think, if they think about it at all.
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There are exceptions. Timothy Murray, the leutenant governor did court appointed work for indigents before he was elected. No surprise his name was on the supplemental, and he got the amounts, line items, and language right.
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Certain reps did this work earlier on, the most recent being William Brownsberger, the new representative from Belmont. They understand. Fighting for an accused citizen who has only you between them and utter ruin is exhilerating, low paid, and when you win for your client, it is an incrediblely rewarding feeling. When I win for a client in a child welfare case, I may be getting a child the right schooling, or preventing the destruction of a family, or even dealing with matters of life and death. rush
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But for most reps, court appointed legal work gets confused with legal services corporation work, and even with the over ride to fund 0330-0300 [the court’s line item that funds gals and translators].
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I think it is important that our legislators, and their analysts, and their aides also hear from folk besides attorneys – so thank you greatly for your effort.