Committee for Public Counsel Services v. Middlesex & Suffolk County District Courts et al, SJC-13824

Supreme Judicial Court of Massachusetts · November 5, 2025

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The case involves the Committee for Public Counsel Services (CPCS) and the Middlesex Suffolk County District Attorney regarding the shortage of counsel for indigent defendants.

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The Supreme Judicial Court heard argument on whether Massachusetts courts may order higher compensation for private bar advocates after a widespread withdrawal of indigent defense services left hundreds of criminal defendants unrepresented. Counsel for the Committee for Public Counsel Services (CPCS) urged the court to use its inherent authority to set rates or require appropriations, citing an ongoing denial of the right to counsel; the Attorney General and counsel for the district courts argued that judicial rate‑setting would violate Article 30's separation of powers and that statutory and procedural remedies (LaValle protocol, recent legislative increases, CPCS hiring and an incentive program) remain in effect.

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