Defendants go free as the public defender strike crisis grows — and gains political currency

The vandalism that defaced the front of the State House and the still-unraveling crisis in courts are far from normal, but the Legislature is poised to remain under what one lawmaker described this week as "standard operating procedure."

Other than the police presence that shut down the sidewalk in front of the capitol for much of Wednesday, it was a routine week under the Golden Dome. Committees heard testimony on bills they might or might not advance. The House and Senate each held formal sessions to approve perennial, non-controversial legislation.

Yet the conditions outside the building are far from standard. Dozens of people have been released from custody so far amid an ongoing work stoppage by bar advocates, private attorneys who represent indigent defendants and are demanding a raise from the state.

The growing problem has provided ample opportunity for critics of Beacon Hill, especially the Republicans trying to unseat Gov. Maura Healey, to criticize state government. Weeks into the thicket, a resolution remains out of reach, with the attorneys seeking raises of at least $35 per hour that legislative leaders estimate could cost up to $100 million.

Some officials have grown pointed in their commentary as the crisis drags along, suggesting bar advocates did not do enough to broadcast their demands before the work stoppage or directing blame their way for the public-safety impacts that have ensued.

"They didn't raise [concerns] with me when I filed my budget way back in January," Healey said Wednesday. "They chose to go the route of work stoppage."

"It's really a shame that because a certain amount of bar advocates refusing to work, they're creating a public safety crisis throughout the commonwealth," Senate budget chief Michael Rodrigues added Thursday. "[It's] not everywhere. Bar advocates where I live, in Bristol County, are working every day, upholding their constitutional responsibility. We, myself, colleagues in the Senate, my counterparts in the House, are actively having conversations of trying to come to a fiscally responsible, sustainable solution to the crisis."

The mounting PR pressure might not change the outlook, however. Some of the attorneys involved in the campaign questioned the strategy of returning to work, as Healey urged them to, before they secure the raises they want.

"Why should we go back and lose our leverage and trust that we can still get the increase?" Middlesex County bar advocate Jen O'Brien told POLITICO.

The Globe, meanwhile, combed through emails that bar advocates sent lawmakers in February -- at the start of this year's budget cycle and three months before the work stoppage began -- calling for higher pay.

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While the crisis continued in courthouses, and with no legislative response apparent, lawmakers spent the week focused on simpler, easier-to-accomplish fare.

The House approved a $1.185 billion road funding bond bill, which combines the latest annual appropriation for the Chapter 90 program with more than $800 million for other areas in need, like culvert repairs and efforts to untangle traffic hotspots.

It's a routine topic -- because lawmakers like to keep Chapter 90 replenished on one-year authorizations, Beacon Hill tackles some version of the bill every spring or summer -- but the approach is different this time around. In addition to the big tranche of other grant funding, the legislation calls for $300 million for Chapter 90, 50% more than the usual annual allotment over the past decade-plus.

That extra $100 million would be distributed to cities and towns based only on road mileage, a boon to rural communities in central and western Massachusetts with long stretches of asphalt and smaller populations that put them at a disadvantage under the traditional formula.

Over in the Senate, the action focused on another familiar topic where senators have been unable to get on the same page as their House counterparts.

The Senate again approved legislation overhauling state laws to remove outdated and offensive language describing people with disabilities and to spike statutes that criminalize certain sex acts. Those so-called archaic provisions aren't being enforced, and reformers argue that they still could pose a threat to LGBTQ+ Bay Staters if they are allowed to remain on the books.

The Senate also took another pass at codifying a "blue envelope" program designed to smooth interactions between autistic motorists and police.

Both chambers checked off to-do list items, and the more substantive stuff is still in play. The Legislature typically avoids major action in August as lawmakers depart for vacations, though it's possible top Democrats will feel pressure to buck that trend if the court crisis escalates or if some other pressing issue emerges.

"We'll be in every Monday and Thursday in informal sessions, but I think for the formal sessions, it will be a break for a little while," Rodrigues said. "Standard operating procedure."

One other issue appears time-sensitive, at least on paper. A commission studying assisted living facilities wants at least another three months to take a closer look at safety issues and ensure its final report incorporates lessons learned from the Gabriel House fire in Fall River.

Sen. Mark Montigny, a member of that commission, suggested his colleagues add an extension into a supplemental budget bill currently tied up in conference committee. That implies negotiators will reach an agreement in the next week, which is no certainty.

Healey trekked to Fall River on Tuesday to meet with city officials and lawmakers from the area, where she announced that she'd make millions of state dollars available for hiring more emergency response and public safety personnel.

While she was en route, Healey might have been making or fielding phone calls about Massachusetts Health and Hospital Association President Steve Walsh. Rumors swirled for days that Healey was considering Walsh for a spot on the Health Policy Commission and facing major pushback, and the governor pulled the trigger Friday.

Some business leaders and health care activists criticized her decision, arguing that Walsh could face a conflict of interest any time the board considers matters involving one of the hospitals that pays dues to the organization he leads. He and Healey's team said Walsh would recuse himself when needed and follow strict ethics protocols.

➼ NANTUCKET OPEN WATER SWIM: The 13th annual Swim Across America Nantucket Open Water Swim takes place to raise funds for cancer research at Nantucket Cottage Hospital, Palliative & Supportive Care of Nantucket and Mass General Cancer Center. Island resident Natalie Thompson has participated in the event since 2013 and this year will swim in memory of her late father. Day-of, on-site registration starts at 6:30 a.m.; the four-mile swim kicks off at 1:00 p.m. (1 p.m., Jetties Beach, Nantucket | More Info)

➼ PUERTO RICAN FESTIVAL: The annual Puerto Rican Festival of Massachusetts runs Saturday and Sunday, featuring live performances, Puerto Rican food, local arts and crafts, activities and a parade. Organizers say the two-day festival attracts more than 50,000 participants. (12:00 p.m., Franklin Park, Boston | More Info)

➼ NORTH READING GOP: North Reading Republican Town Committee hosts its district-wide barbecue. Guest speakers include MassGOP Chair Amy Carnevale and gubernatorial candidate Mike Kennealy. ( 2 p.m., 427 Park St., North Reading | More Info)

➼ NATIONAL GOVERNORS ASSOCIATION: National Governors Association meets for the second day of its summer meeting. Gov. Maura Healey is not attending due to undisclosed "prior commitments" and will be "represented at the meeting by members of her office," spokesperson Karissa Hand said.

➼ KELLER AT LARGE: Political analyst Jon Keller sits down with MASSterList Editor Gintautas Dumcius and Kelly Garrity, author of Politico’s Massachusetts Playbook. They discuss the Wu-Kraft race, Donald Trump’s impact on local politics, Gov. Maura Healey’s raises for Cabinet members and the drinking culture at the State House. ( 8:30 a.m., WBZ-TV)

➼ NBC10 BOSTON: Reporter Matt Prichard interviews Rep. Seth Moulton, a Salem Democrat. (9:30 a.m., WBTS-TV)

➼ ON THE RECORD: The guest is Rep. Katherine Clark, the Revere Democrat who serves as the Democratic whip, the second most senior position in the caucus. (11 a.m, WCVB-TV)

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