Boston Municipal Court First Justice Tracy-Lee Lyons pressed representatives for the Committee for Public Counsel Services, the state public defender organization, for more details on what efforts they’d made to find Pina an attorney.
“We’re doing the best we can, your honor,” said Holly Smith, an attorney working with CPCS. “We are not cavalier right now about being here.”
Lyons read the police report and spoke to both attorneys in sidebar, but ultimately, she ruled there was nothing to do but follow the protocol. She ordered Pina released on his own recognizance as soon as he’s able to be issued a GPS bracelet, likely Tuesday morning. He will be required to stay at his mother’s house in Dorchester.
On Monday, Pina’s case, one of about a dozen heard, was the most hard fought. In total, Lyons ordered the release of six people who have languished in jail without lawyers; though two will remain held on warrants in other counties. The defendants had been held on charges including robbery and drug dealing.
Such hearings, held under the Lavallee protocol, and ordered by a Supreme Judicial Court Justice Dalila Argaez Wendlandt last week in Suffolk and Middlesex counties, will continue on a rolling basis in Boston Municipal Court’s central division downtown and, beginning Wednesday, in Lowell District Court.
They illustrate the tension the stoppage by the attorneys is placing on the justice system. Anyone accused of a crime has the constitutional right to an attorney, but now more than a thousand stand accused of crimes but don’t have a lawyer, including dozens who remain in custody.
“This is an absolute crisis,” Rebecca Jacobstein, a lawyer for CPCS, told reporters on Monday in between hearings.
State law generally requires defendants to be provided a lawyer within an appropriate time, and the courts have established that time to be seven days for those in custody, and 45 days for anyone charged with a crime.
The defendants released Monday following hearings at the Boston Municipal Court’s central division downtown all had been held for more than seven days. All remain charged, and Lyons imposed conditions of release, including orders to stay away from certain areas and enter into drug treatment.
The hearings began with Lyons bringing to the stand lawyers from CPCS, which oversees bar-advocate programs, to testify about their efforts to get lawyers for the defendants. The CPCS lawyers outlined their approaches to trying to contact lawyers who’d taken cases with the defendants before, and putting out calls, generally. For these people who remained in jail, they said, no one had answered.
“This is not a good day for us,” said Smith, the CPCS attorney, testifying to the court. She gestured toward DaiShaun Lawrence, who was the first defendant of the day scheduled for a hearing, “Mr. Lawrence deserves an attorney who represents him from day one.”
Lawrence, the lawyers said, has been held for more than seven days on a probation violation for allegedly dealing drugs while on probation for possessing drugs. In the past, he’s been convicted of assault and battery with a dangerous weapon and other drug offenses.
Lyons ordered him released on the condition that he check in with probation weekly and not loiter in MBTA stations.
Another defendant, Brittany Dagraca, was also charged with possession with the intent to distribute near the troubled area of the South End known as Mass. and Cass, which caused the courts to rule she’d violated probation. Prosecutors asked for $2,500 bail, citing previous instances in which she hadn’t shown up to court dates, but the judge ordered her released per the emergency protocol, with orders that she stay away from the area where she’d been arrested, and that she begin intake into a drug-treatment program.
A few minutes later, after her cuffs and shackles had been removed and she was walking out on her own, she smiled. She’d been in jail for 12 days without a lawyer, she said in a brief interview.
“It’s a very helpless feeling,” she said. “It just sucks.”
A large group of bar advocates stopped taking cases May 27 as they push for higher hourly pay rates, which are lower than many surrounding states. The number of bar advocates has been decreasing in recent years. The more than 2,500 bar advocates typically represent about 80 percent of the state’s indigent defendants, with staff attorneys from CPCS covering the remainder.
In the coming weeks, the first people to be charged in the opening days of the stoppage will begin to hit the threshold of 45 calendar days without a lawyer, whether they’re in custody or not. Per the Lavallee protocol, the courts will have to dismiss cases that old in which people still don’t have a lawyer, though the cases can be refiled.
CPCS has sought to cover cases for people charged with the most serious crimes, but its lawyers have said the public-defender units in Middlesex and Suffolk counties have run out of capacity to accept anything but extreme circumstances.
Monday, CPCS found lawyers for several people who had been on the list for Lavallee hearings, so their cases will proceed as normal. During a Lavallee hearing for the possible release of Roberto Mercado Falero, who is accused of stabbing a stranger on the street so deeply that the person’s intestines were visible, the agency scrambled to find a lawyer in real time.
“The seriousness of this case requires us to take the case,” said Lavinia Bullock of CPCS. She said the agency would get a lawyer to Roxbury district court for him Tuesday, so Lyons did not order his release.
The stoppage has concentrated among bar advocates in the district courts, which are the first place most people accused of crimes appear, and where lower-level crimes are handled. The stoppage has not largely affected homicide cases because many bar advocates on the “murder list,” who are eligible for a higher rate, continue to take cases.
In the district courts, the bar advocates make $65 an hour. They’re seeking about a $35 rate increase.
The Lavallee hearings in Boston Municipal Court will continue on a rolling basis in the coming days and weeks.
“We’re here every day, because the seven-day clock is running,” Lyons said. At the end of the day, she dismissed the court.
“See you tomorrow.”
Sean Cotter can be reached at sean.cotter@globe.com. Follow him @cotterreporter.