Case: Arianna S. v. Commonwealth of Massachusetts

04-00282 | Massachusetts state trial court

Filed Date: June 28, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On June 28, 2004, indigent criminal defendants as well as minors involved in child welfare cases filed a lawsuit in the Massachusetts Supreme Judicial Court alleging that Massachusetts' system of indigent defense was unconstitutional due to the exceptionally low compensation rates of appointed counsel. Plaintiffs were represented by a private law firm. Upon filing the claim, a motion to certify the class was made. That motion was never decided upon.

On November 1, 2004, the court (Greaney, J.) ordered a stay of the proceedings due to pending action by the legislature to increase counsel compensation rates. The legislature substantially increased the pay rates for appointed counsel, and on October 30, 2007, the court dismissed the case on grounds of mootness.

We have no further information on this matter.

Summary Authors

Dayna Frenkel (2/18/2009)

People


Judge(s)

Greaney, John M. (Massachusetts)

Attorneys(s) for Plaintiff

Krumholz, Joshua C. (Massachusetts)

Kulig, Lawrence R. (Massachusetts)

Naughton, Edward J. (Massachusetts)

Tolman, Warren E. (Massachusetts)

Attorneys(s) for Defendant

Kehoe, Ronald F. (Massachusetts)

Kerrigan, David R. (Massachusetts)

Judge(s)

Greaney, John M. (Massachusetts)

Attorneys(s) for Plaintiff

Krumholz, Joshua C. (Massachusetts)

Kulig, Lawrence R. (Massachusetts)

Naughton, Edward J. (Massachusetts)

Tolman, Warren E. (Massachusetts)

Attorneys(s) for Defendant

Kehoe, Ronald F. (Massachusetts)

Kerrigan, David R. (Massachusetts)

Documents in the Clearinghouse

Document

04-00282

Docket

Arianna S. et al., v. Commonwealth of Massachusetts et al.

Massachusetts state supreme court

July 30, 2008

July 30, 2008

Docket

Resources

Docket

Last updated July 24, 2022, 3:21 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Massachusetts

Case Type(s):

Indigent Defense

Key Dates

Filing Date: June 28, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Minor children in foster care, an indigent father and a criminal indigent defendant who were being denied their right to counsel due to a shortage of attorneys stemming from the low compensation rates of appointed counsel.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Commonwealth of Massachusetts, State

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Unknown

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Funding

Crowding:

Crowding / caseload