Tag Archives: Governor Deval Patrick

Press Conference for Chief Justice Nominee Ralph Gants

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Justice System Salaries Revisited

After our recent post on Massachusetts public defender and assistant district attorney salaries, we were interested to hear more from Chief Counsel Anthony Benedetti, and Deputy Chief Counsel Public Defender Division Randy Gioia, for the Committee for Public Counsel Services (CPCS) at our March Council meeting.

We learned more about the structure and operation of CPCS:

CPCS attorneys represent adult criminals, juvenile delinquents, and about a third of CPCS’ budget goes to representing civil clients primarily in family law and mental health cases.

In the last two to three years, CPCS has seen big changes in the delivery system of indigent defense.  In 2011, Governor Patrick proposed eliminating the private bar altogether from this practice area.  In Fiscal Year 2012, the legislature mandated that CPCS staff attorneys handle 25% of all indigent defense cases, with the private bar picking up the rest.  Today, CPCS is well on its way to meeting the legislature’s 25% target, having handled just under 23% of cases last year.  CPCS is still hiring to meet the legislature’s mandate but if the case load demand increases, they will have to hire more staff and attorneys to meet the growing need.

One of the biggest challenges the organization faces is attrition.  As its size has grown to meet the increased case load requirements, so have the number of departing employees.  Last year the number of staff leaving increased by 13%; a large percentage of those were attorneys, most before their third year with CPCS or, as experienced attorneys know, just as they are beginning to return value as attorneys who can handle the intricacies of legal practice with minimal supervision.

The reason for this exodus seems to be clear – the salaries.  An internal CPCS survey revealed that its attorneys average $140,000 in debt.  Furthermore, 37% have a second job and 73% have borrowed money from family or friends to make ends meet.  This year, CPCS is proposing a plan to gradually increase starting attorney salaries from $40,000 to $50,000 per year.

As Randy Gioia pointed out to our Council, with more than a third of their attorneys needing a second job just to make ends meet, the clients may suffer most.  Practicing law is a more than full-time job on its own; it’s all-consuming at times.  Speaking from his own experience, Randy reminded us that public defenders and assistant district attorneys should be wholly focused on pursuing justice for their clients.

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
Comments are disabled for this blog. To submit your comments please e-mail  issuespot@bostonbar.org

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Statehouse Update

This week both Governor Patrick and Speaker DeLeo outlined their priorities for the upcoming year.  In his final State of the Commonwealth on Tuesday night, Governor Patrick emphasized investments in education, innovation, and infrastructure. 

The next day, Speaker DeLeo addressed the entire House of Representatives, listing an increase in minimum wage coupled with business-friendly reforms, stricter gun control laws, and a domestic violence bill as three of his top issues. 

As we focus on legislative and budget activities at the Statehouse it’s important to realize that although this legislative term may appear uneventful from the outside, it has been full of activity.  Even without high-profile debates on big-issue bills there’s a lot going on. 

Take for instance, the fact that there has been an unprecedented amount of turnover in elected officials and leadership positions.  Recently, long time House Chair of the Joint Committee on the Judiciary, Representative Eugene O’Flaherty, announced his resignation to become corporation counsel to Boston Mayor Martin Walsh.  This leaves the House chairmanship open.  Meanwhile, Senator William Brownsberger has only held the Senate chairmanship of the Judiciary Committee for a matter of weeks. 

Other leadership positions currently vacant include the House second assistant majority leader and the chairmanship of the House Ethics Committee.  These positions will all be filled in the coming weeks.

Legislatively, the statehouse is poised to take action on a number of laws.  Significant bills addressing welfare reform, compounding pharmacies, and veterans services remain in conference committees.  Just last week, a group of lawmakers held a press conference in support of a juvenile justice bill comply with the Supreme Judicial Court’s ruling in Diatchenko.  The bill requires that juveniles convicted of first degree murder serve 35 years before parole eligibility. 

From a budget perspective – the Governor’s budget has been released and we now turn our attention to the House and Senate as they develop their budget numbers.  The House Ways & Means Budget will come first in early April, followed by House and Senate budgets in the following months.  A final budget will be ready by July 1st

All in all, every indication points to a very eventful next few months as staffing and leadership positions are filled and legislation and budget discussions come to the fore.     

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
Comments are disabled for this blog. To submit your comments please e-mail  issuespot@bostonbar.org

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