How Massachusetts' Dual Indigent Defense System Works

Shira explains the split between CPCS staff public defenders and privately contracted bar advocates and their differing supports.

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Today, Hunter was joined by Professor Shira Diner to discuss the Bar Advocate work stoppage in the state of Massachusetts. Back in May, the Bar Advocates, the private defense lawyers who handle 80% of Massachusetts's public defender workload, stopped taking new cases due to the incredibly low hourly rate they are paid. Since then, thousands of people have been left without representation as the courts have been unable to assign cases to attorneys. Now the question is, where does the state go from here?

Guest:

Shira Diner, Professor of Law, Boston University

Resources:

News on Bar Advocates Here

https://www.alaa.org/thealaaorganizer/massachusetts-defense-attorneys-enter-third-month-on-strike

https://www.csmonitor.com/USA/Justice/2025/0916/sixth-amendment-us-constitution-massachusetts-bar-strike

https://www.wbur.org/news/2025/06/27/court-massachusetts-defense-strike-bar

https://www.cbsnews.com/boston/news/bar-advocates-attorney-work-stoppage-pay-raise/

https://www.massbar.org/publications/ejournal/ejournal-article/lawyers-journal-2004-november/keep-it-going-delegates-urge-continued-momentum-on-bar-advocate-pay-issue-

https://www.masslive.com/opinion/2025/07/bar-advocates-arent-striking-were-standing-for-justice-viewpoint.html

https://www.wcvb.com/article/bar-advocate-strike-massachusetts-healey/65491317

Contact Shira