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Public defender agency and bar advocates press for continued rate increases and review of private-bar caps

November 04, 2025 | 2025 Legislature MA, Massachusetts


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Public defender agency and bar advocates press for continued rate increases and review of private-bar caps
Anthony Benedetti, chief counsel at the Committee for Public Counsel Services (CPCS), told the committee that Massachusetts' public-defense system remains in crisis despite recent legislative action that raised hourly rates and gave CPCS funds to hire staff.

Benedetti said the legislature enacted a $10 hourly increase this summer with a second $10 scheduled for August 2026, and CPCS is expanding its staff, but system stabilization will be gradual as newly hired attorneys gain experience. He said CPCS has used incentive programs to encourage private-bar advocates to take appointments in the hardest-hit counties (Middlesex and Suffolk) but that an adequate hourly rate and an ongoing review process are necessary to retain counsel and meet constitutional obligations.

Committee members probed billing caps and what a top-billed advocate could earn under the current and next-year rates. CPCS said the executive director can raise an annual cap up to 2,000 hours and gave example gross figures (district-court billing at $75/hour yields $150,000 at 2,000 hours; next year at $85/hour yields $170,000).

Private bar advocates joining the hearing described financial pressures of student debt and housing costs, and urged meaningful rate reform so younger attorneys can continue representing indigent clients. The committee did not take a vote during the hearing.

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