NATHANIEL LAVALLEE & others
v.
JUSTICES IN THE HAMPDEN SUPERIOR COURT & others (and a consolidated case).
Supreme Judicial Court of Massachusetts, Suffolk.https://leagle.com/images/logo.png
June 30, 2004.
July 28, 2004.
Attorney(s) appearing for the Case
William J. Leahy, Committee for Public Counsel Services, & David P. Hoose (Benjamin H. Keehn, Committee for Public Counsel Services, John Reinstein, & William C. Newman with them) for Nathaniel Lavallee & others.
Ronald F. Kehoe, Assistant Attorney General, for Justices in the Hampden Superior Court & others.
The following submitted briefs for amici curiae:
Paul J. Machado for Bristol County Bar Advocates.
Edward J. Barshak for William C. Flanagan & another.
Andrew Good & Charles P. McGinty for Massachusetts Association of Criminal Defense Lawyers.
Richard C. Van Nostrand, Martin W. Healy, Kristina H. Allaire, & Mary J. Kennedy for Massachusetts Bar Association & another.
Arnold R. Rosenfeld & Wendy A. Berliner for Arnold R. Rosenfeld.
R.J. Cinquegrana, Michelle L. Dineen Jerrett & Terrence M. Schwab for Boston Bar Association.
The petitioners are indigent criminal defendants who have no attorneys to represent them due to a shortage of lawyers in the Hampden County bar advocates program.4 That shortage has been caused by the low rate of attorney compensation authorized by the annual budget appropriation. For fiscal year (FY) 2004 the authorized rates for private counsel were thirty dollars an hour for a District Court case, thirty-nine dollars an
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