Solet calls for fair pay for court-appointed defense attorneys; says strong defense counsel strengthens public safety and the justice system
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Democratic Challenger Says District Attorney Should Be an Advocate for a Justice System That Works for Everyone
MIDDLESEX COUNTY, MA — Democratic candidate for Middlesex District Attorney David Solet is calling on Massachusetts lawmakers to provide fair compensation for court-appointed defense attorneys, arguing that chronic underpayment is undermining both constitutional rights and public safety across the Commonwealth.
While some may find it unusual for a career prosecutor to advocate for higher pay for defense counsel, Solet said the issue is fundamental to the integrity of the criminal justice system.
"Justice requires more than good prosecutors," said David Solet. "It requires good defense attorneys too. Every person accused of a crime deserves competent legal representation, not because it's convenient, but because it's a constitutional right. When that system breaks down, victims, defendants, prosecutors, and the public all pay the price."
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Nearly 80 percent of criminal defendants in Massachusetts rely on court-appointed attorneys because they cannot afford private counsel. But many attorneys have stopped accepting indigent cases, arguing that even after scheduled increases, the state's hourly rate of $85 remains too low to sustain a legal practice.
As a result, courts across Massachusetts have struggled to find attorneys willing to represent defendants. Under the Lavallee Protocol, if a court cannot appoint counsel within seven days, incarcerated defendants must be released from custody. If counsel is not secured within forty-five days, criminal charges can be dismissed altogether.
At the height of the crisis during the summer of 2025, more than 3,000 criminal defendants statewide were waiting for appointed counsel, including 587 in Middlesex County.
The consequences have already extended beyond the courtroom. A defendant who was released because the court system could not find him an attorney was later arrested and charged with murder after allegedly fatally stabbing a Boston man.
"The public should never have to choose between constitutional rights and public safety," Solet said. "We can and must have both. That starts with making sure qualified defense attorneys are willing and able to take these cases."
Solet noted that Massachusetts continues to lag behind neighboring states in compensation for appointed counsel. Court-appointed attorneys currently earn $112 per hour in Rhode Island, $125 per hour in New Hampshire, and $150 per hour in Maine.
The issue has also drawn concern from the state's highest court. During recent arguments before the Supreme Judicial Court, Chief Justice Kimberly Budd remarked, "People's constitutional rights are being violated right now. What are we going to do about that?"
Solet said the answer begins with legislative action and leadership from prosecutors.
"The District Attorney is one of the most influential voices in the criminal justice system," Solet added. "When the system isn't working, we have a responsibility to say so. Fair pay for defense counsel isn't a favor to defense attorneys. It's an investment in a justice system that protects constitutional rights, resolves cases promptly, and keeps dangerous offenders from being released simply because no lawyer is available. The current District Attorney has treated this as someone else's problem. As District Attorney, I will be a voice for practical solutions that strengthen both fairness and public safety."
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