Our criminal courts put a major burden on public defenders to ensure fair outcomes: Public defenders represent the large majority of defendants in criminal cases. Studies have shown that roughly 80% of criminal defendants nationwide are represented by court-appointed counsel. That percentage is even higher with respect to serious offenses.
An adversarial system can only be fair and just if the playing field is level. In a court of law, the playing field can be thrown out of level if one side is far less able to prepare their case, or has less skill and experience. A law office that pays more will attract and retain more talented, experienced attorneys.
Public defenders typically earn considerably less than prosecutors in the same jurisdictions, despite often having larger workloads and fewer resources.
Pay disparities are even worse in jurisdictions that elect to pay a local salary supplement--essentially, bonus pay from the local city or county, on top of the prosecutor's base salary, which is paid by the Commonwealth.
This bill would require any city, county or town that provides a salary supplement to prosecutors to provide a proportional or commensurate salary supplement to public defenders. This means a public defender would receive compensation that is roughly the same as the local prosecutor with similar experience and seniority.
As noted, the financial burden is placed on the locality, not the Commonwealth.