"The Massachusetts Association of Criminal Defense Lawyers is the only statewide association of lawyers in Massachusetts devoted exclusively to serving all segments of the defense bar. According to our mission statement: MACDL's mission is to preserve the adversary system of justice; to maintain and foster independent and able criminal defense lawyers and to ensure justice and due process for persons accused of crime. MACDL will be an advocate for the advocate." If you practice criminal defense law in Massachusetts, you belong in MACDL
To join MACDL, sign up here.
Time for action FY 2013 Budget
Unreasonable, Unworkable and Unwise
Now is the time to call or e-mail your state senators and representatives to strongly oppose the Governor’s FY ’13 Budget proposal that would require that CPCS staff lawyers handle 50% of indigent individuals in criminal, juvenile, care and protection, CHINS, mental health commitment, and guardianship case.
Below is a list of the key points to stress in a conversation or to include in an e-mail:
* CPCS is still implementing the FY ’12 directive to increase its proportion of the overall indigent caseload to 25% and has to date hired 137 new attorneys, acquired additional office space, and taken many steps to reduce cost
* It is too soon to determine whether implementation of the 25% directive will in fact reduce costs; it is financially irresponsible to require CPCS to undergo a second massive expansion (500 new lawyers) until we know whether or not the first expansion reduced costs
*The 50% proposal is based unrealistic assumptions and invalid comparisons with other states:
-- the proposal is based on excessive caseloads of more than 200 cases per attorney per year regardless of practice area; no consideration is given to serious felony cases in Superior Court and child and family law cases which are much more time-consuming than District Court misdemeanors
-- the proposal is based on 9 billable hours per day (that is, 9 hours of work per day directly on cases) with no consideration of time for lunch breaks, staff meetings, legal education, or case and performance evaluation
-- the proposal makes no provision for sick time, supervision, training after the first month of employment, one-time start up costs, or increased space and operations costs
-- the proposal compares the cost of indigent representation in Massachusetts with other states (New York, Florida, California and Maryland) which have more limited right to counsel , which do not provide quality representation and which have been sued for unconstitutional deprivation of counsel
* The massive and precipitous expansion is simply not feasible (it would require CPCS to grow at two and a half times the rate of Google, one of the fastest growing companies in the Unites States) and will result in excessive caseloads and a systemic crisis of constitutional dimensions.
For more, see:
Power Point Presentation on the 2013 Budget
FY 2013 Budget Testimony of Anthony J. Benedetti, CPCS Chief CounseImplausible
Assumptions in the Governor's Proposal
To find the name and address of your elected officials, click here: http://www.malegislature.gov/People/Search
Strength in Numbers
State House Rally Against Three Strikes
MACDL and a host of other organizations are urging members to turn out for a rally i opposition to the tree strikes bill.
The rally is planned for the State House Steps on Thursday , March 15th from 11:00 to 1:00.
For a flyer with all the details, click here.
From the Black and Latino Legislative Caucus
Caucus Urges Comprehensive Approach to Crime Reform Legislation
The members of the Massachusetts Black & Latino Legislative Caucus (MBLLC) last fall voted unanimously to oppose the Habitual Offender Bill (H.3811). Since that time, caucus members have hosted panels and forums; appeared on radio and television; and met with community leaders to inform constituents and listen to concerns on the potential results of this proposed legislation. With that feedback the MBLLC submitted a letter to the Conference Committee opposing, H.3811/S.2080, requesting a comprehensive bill that is evidence-based and that advances the goal of reducing crime and preparing the 94 percent of incarcerated people that will ultimately re-enter our communities to do so successfully. “We did this because many of our constituents run the highest risk of being adversely affected by the results of this current bill,” said Chairman Rep. Benjamin Swan. Read more . .
Legislative Alert -
Juvenile Life Without Parole
Click here for a fact sheet from the Massachusetts Coalition for the Fair Sentencing of Youth
President's Message
We live in very strange times. Around the nation, state after state, as well as political leaders on both the left and right – have begun to realize the disutility of heavy reliance on incarceration, and the enormous price being paid for it. States as famously conservative as Texas and South Carolina are moving to reduce lengthy sentences, reduce mandatory minimums, increased parole, increased use of drug treatment, and the like, and in consequence dramatically lower prison populations. In the process they are saving billions of dollars needed for other vital services. Read More...
Find A Lawyer
MACDL comprises approximately 1,000 criminal defense lawyers, covering all types of criminal defense matters in the federal courts and every state court serving the Commomwealth. You can search our Member list by name or location.
