By Hema Sarang-Sieminski
In the spring of 2025, thousands of court-appointed defense attorneys in Massachusetts, known as bar advocates, made headlines when they stopped taking on new cases to protest compensation rates that were well below that of attorneys in neighboring states.
As the dispute has dragged on, it has highlighted how overburdened our court system has become, and how that ultimately places our communities, at greater risk, including survivors of sexual assault and domestic violence.
Bar advocates, often defense lawyers in private practice, “represent about 80 percent of the criminal defendants [in Massachusetts] who cannot afford an attorney,” according to GBH; “the state’s public defender agency, the Committee for Public Counsel Services, represents the other 20 percent.”
Combine this heavy reliance on bar advocates with policies that perpetuate overcriminalization, particularly of vulnerable communities, and there is disproportionate demand for attorneys to represent defendants who cannot afford counsel.
Bar advocates and public defenders deserve to be paid a fair wage. Defendants have the right to representation and a speedy trial. Survivors deserve safety and the ability to navigate the court system with dignity. These ideas are not in conflict, but the historical lack of investment and unwillingness to address overcriminalization has created an untenable burden for the people who make upthe court system and led to the current breakdown.
Without representation, defendants are released from state custody after seven days, and if they still don’t have representation after 45 days, their charges are dismissed without prejudice. To date, more than 1,500 criminal cases in Massachusetts have been dismissed due to lack of representation, and hundreds more defendants remain without a lawyer. Those dismissed cases include a significant number of people accused of domestic violence and sexual assault, perpetuating cycles of trauma, increasing the risk of harm for survivors, and further eroding trust in the court system.
Already, many survivors face significant obstacles when engaging with the court system. For years, advocates like Jane Doe Inc. (JDI) have been working to change the reality that bringing a case of sexual assault or domestic violence to court can be financially debilitating, emotionally draining, and extremely dangerous for survivors.
According to research from students at Northeastern University School of Law, survivors face numerous barriers in navigating the court system, including hours-long wait times for language interpretation; misconceptions surrounding survivors’ experiences, reactions, and needs; anti-LGBTQ+ bias and misgendering of survivors; and more. These harms are exacerbated by a court system that is overburdened and unable to dedicate the necessary time and focus to the cases that need them.
Now, survivors who make the already difficult choice to seek justice and safety through the court system are facing the prospect of alleged perpetrators being released before the process has even begun. Many survivors lack the resources to relocate or otherwise escape abusive situations – especially survivors with dependents, survivors with disabilities, and low-income survivors.
For these survivors and their families, the court system can represent a critical – and sometimes last – chance to prevent the continuation, or escalation, of violence. The prospect of defendants being released without so much as a hearing further undermines whatever modicum of safety the court system promised to survivors.
To make matters worse, the breakdown in the court system is happening amidst an ongoing crisis for survivor resources, generally. The administration in Washington has repeatedly cut funding and implemented policy changes that directly target survivors and the committed service providers and advocates who support them, restricting the availability of services and making it harder for survivors to seek help when they need it.
The consequences of Federal decisions are exacerbated by cuts to state funding – including a 10 percent cut in Department of Public Health funding for survivor-serving organizations. Together, the federal and state cuts threaten lifesaving resources like emergency housing, language accessibility, rape crisis center services, counseling and therapy, and more – jeopardizing the survival, safety, and healing of survivors across Massachusetts.
JDI member programs across the state – including several right here in Boston – are working tirelessly to meet the urgent needs of survivors with ever-more-limited resources and in ever-more challenging conditions, but the current dysfunction in the court system threatens to worsen an already dire situation.
It is incumbent on lawmakers and bar advocates to work together and find a solution to end this work stoppage as swiftly as possible, in a way that protects worker dignity and survivor safety. It’s also an urgent signal to pursue longer-term solutions, like the Massachusetts Survivors Act, which would address the criminalization of survivors themselves and reduce the burden on the court system.
It is time to prove the state’s commitment to ensuring that every Massachusetts resident has the right to safety, autonomy, and the ability to thrive in our Commonwealth.
Hema Sarang-Sieminski is the executive director of Jane Doe Inc., the Massachusetts Coalition Against Sexual Assault and Domestic Violence.
