Committee for Public Counsel Services v. Middlesex and Suffolk County District Courts

Summary

The court held that neither it nor individual trial judges may increase bar advocate compensation above rates established by the Legislature under the circumstances presented. Although the counsel shortage created a constitutional problem requiring judicial supervision, the existing protocol for releasing detained defendants and dismissing delayed charges, together with legislative funding increases and CPCS's incentive program, provided an adequate remedy and no extraordinary circumstances or exhaustion of remedial measures justified judicial rate-setting. The court remanded the matter for further proceedings consistent with its opinion.