Filed Date: June 28, 2004
Closed Date: 2007
Clearinghouse coding complete
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)
Greaney, John M. (Massachusetts)
Krumholz, Joshua C. (Massachusetts)
Kulig, Lawrence R. (Massachusetts)
Kehoe, Ronald F. (Massachusetts)
Kerrigan, David R. (Massachusetts)
Greaney, John M. (Massachusetts)
Last updated Aug. 30, 2023, 1:34 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
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):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Commonwealth of Massachusetts, State
Case Details
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions: