Public Defenseless 33: How Could Low Attorney Pay Cripple Massachusetts Public Defense w/Anthony Benedetti
The Massachusetts public defense system presents arguably the best example of how contract public defense could work, largely in part to today's guest—Anthony Benedetti, Chief Public Defender of Massachusetts.
Their system is made up of approximately 80% contract attorneys, and in this episode, Anthony walks us through how he helps to oversee these attorneys and ensures a quality level of representation for all.
He'll also break down the complicated funding of the system, and why $60 per hour just doesn't cut it.
Anthony is working hard to create a future where more layers will want to go into public defense and is optimistic that the Massachusetts indigent defense system will continue to improve!
Key Topics and Takeaways:
- Who Anthony is and what he does. [9:29]
- What Massachusetts public defense looks like and how it took its form. [13:25]
- Legislation advocacy done by Anthony's office. [18:24]
- Training and performance standards for Massachusetts contract attorneys. [20:17]
- Why the Massachusetts pay rates aren't enough. [31:00]
- Justifying the high attorney standards with the lack of pay. [41:37]
- How attorney shortages have affected Massachusetts. [49:37]
- Defining what a crime is. [1:05:50]
Guest:
Anthony Benedetti, Chief Counsel, Committee for Public Counsel Services
Resources:
Mass Bar Report on Attorney Pay
Memorable Quotes:
"It's one thing in theory to talk about public defender pay and how much people make and, and all these things. But at the end of the day, it's the working-class Americans who were represented by these people who pay the price." (6:08, Hunter)
"I like to tell people that there are just so many injustices on a daily basis, that it is pretty easy to get re-pissed off and realize that you have to keep up the fight each and every day on behalf of our clients." (12:40, Hunter)
"I think it's, there are a whole range of reasons why people choose to do this work, but at the end of the day, when they choose to do this work, they have to do it in a certain way." (23:05, Anthony)
"It is really hard for us to get people out of law school who want to do this full-time or close to full-time." (42:56, Anthony)
"The longer that you go without counsel, the more you are disadvantaged being able to present a defense." (51:32, Anthony)
"I'm pretty confident that things are going to get better in Massachusetts." (1:08:35, Anthony)
Contact Hunter Parnell:
hwparnell@publicdefenseless.com