A lack of court-appointed attorneys in Massachusetts is creating problems for Americans navigating the criminal justice system. CBS News' Lana Zak reports.

Boston

Massachusetts is experiencing a significant legal crisis as over 3,000 criminal defendants are unable to be tried due to a lack of available court-appointed defense attorneys. This shortage has resulted in some defendants being released from jail and charges being dropped, as state rules limit how long individuals can be held without legal representation. 

The crisis began when private attorneys, who previously handled the majority of indigent defense cases, stopped accepting new assignments, citing inadequate compensation. Although the state government approved a modest pay increase, attorneys argue it is insufficient compared to neighboring states. The situation has left many accused individuals in legal limbo and raised concerns among victims about public safety and justice.

Massachusetts court-appointed attorneys crisis

All right, in Massachusetts, some criminal defendants are being released and their charges dropped, all because the state cannot provide defense attorneys for those who can't afford one. The right to an attorney is a bedrock, of course, in the Constitution, but CBS News correspondent Lana Zak tells us why defense lawyers are now refusing to take on new cases. They haven't been judged guilty or innocent. Right now, over 3,000 defendants in Massachusetts can't be tried because there are no lawyers to represent them. Attorney Rebecca Jacobstein. It's the first time that's ever happened. It's horrible. It is a tragedy. Under a state rule, defendants can only be held in jail for seven days without an attorney before being released, and after 45 days, their cases are supposed to be dismissed. It's insane, because this is my life. This is my daughter's life at risk. This woman, who asked us not to show her face, was told the man who has repeatedly threatened her may be set free. Him being released puts me at danger and my daughter at danger, and there's no one really there to help us. Many of the accused are in legal limbo and can't get their cases heard. I went six days in a row on Zoom, and they just say, show up tomorrow, come back tomorrow, maybe tomorrow we'll have a lawyer, maybe tomorrow we'll have a lawyer, and now we're four months into it. Previously, private attorneys were tapped to take on 80% of the defendants that couldn't afford a lawyer. They stopped taking those cases earlier this year because they argue they're underpaid. Would you say that public defense work is in crisis in Massachusetts right now? Absolutely. And it's because it's underfunded. It's been underfunded for many years. Jennifer O'Brien is one of the lawyers asking for a $35 hourly raise from the previous $65 an hour. The governor of Massachusetts this week signed off on a $10 increase, far less than the pay in neighboring states. It's just not feasible financially. And it's actually disrespectful. The court is going to release you. You've been held since July 31st without an attorney. The charges range from the minor, like disorderly conduct, to more serious offenses like assault. For victims, the crisis is personal. The lawyers asked for a $35 raise. And I feel like my life and my daughter's life is worth more than $35, whatever it is. It definitely costs more to bury someone. Leaving the scales of justice out of balance in this ongoing crisis. In this case, the victim did not want her identity revealed, but she said that she worried because he had a protective order that he continuously violated. The most recent incident landed him back in jail. She is fearful for her life, for her safety, but she has been told that she needs to prepare for that possibility. I'll send it back to you. Such an important story. Lana Zak reporting for us in Boston. Lana, thank you.

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Breakdown