The Massachusetts State Legislature today passed a $259 million supplemental budget, S.2575, that provides midyear funding for ongoing state priorities and includes important provisions to protect students, strengthen the Massachusetts public defense system, and fund vital services for residents.

This legislation provides critical funding for the Healthy Incentive Program (HIP)—which provides healthy fresh food to residents while benefiting Massachusetts farmers—as well as for extraordinary Emergency Medical Services (EMS) costs across the state and upgrading Department of Transitional Assistance (DTA) benefits technology through the conversion to chip cards. It also responsibly addresses the ongoing work stoppage among private bar advocates and bolsters our Commonwealth’s public defense system.

“Despite chaos at the federal level, the Massachusetts Legislature remains committed to delivering important services to our residents and communities, ensuring our bills are paid, practicing fiscal responsibility, and maintaining access to justice for all,” stated Senate President Karen E. Spilka (D-Ashland). “I would like to commend Chair Rodrigues and Chair Michlewitz and the conferees for finalizing this supplemental budget, and thank my Senate colleagues and our House partners for ensuring we get this legislation to the Governor’s desk.”

“This supplemental budget addresses timely issues through key, targeted investments. Critically, it provides for a significant raise for the bar advocates, and takes steps to ensure that the Commonwealth will no longer be over-reliant on the bar advocates by increasing the budget for the Committee for Public Counsel Services by $40 million, allowing them to hire over 300 new public defenders,” said House Speaker Ronald J. Mariano (D-Quincy). “Additionally, amid President Trump’s dismantling of the Department of Education, and amid sweeping cuts at the federal level to programs that millions of Americans rely on, this supplemental budget makes key investments that will ensure continued funding for state programs that support many of the Commonwealth’s most vulnerable residents. I want to thank Chairman Michlewitz and Assistant Majority Leader Peisch for their work on this legislation, as well as all my colleagues in the House and our partners in the Senate for their support for these vital investments.”

“I’m pleased that, after a productive and deliberative process, the conference committee has come to a consensus agreement on the midyear supplemental budget. This agreement is focused on balancing fiscal responsibility amid ongoing uncertainty, paying the bills, and upholding our Constitutional obligation to ensure indigent defendants have access to legal representation,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “Covering $259 million in total spending, the plan provides necessary funding for home care services for adults, extraordinary EMS costs, the state’s Healthy Incentive Program, and bolsters the state’s public defense workforce. I thank my fellow conferees, and Chair Michlewitz, for their commitment to getting this important legislation finalized.”

“This supplemental budget makes timely investments that will better position the Commonwealth in the weeks and months ahead.  It also seeks invest a combined total of $95M in resources toward indigent defense, which will hopefully lead to a stronger and more stable criminal justice system in the Commonwealth,” said Representative Aaron Michlewitz (D-Boston), Chair of the House Committee on Ways & Means. “I want to thank the Speaker and my colleagues in the House for their support on this matter. I also want to thank my counterpart. Senator Rodrigues, for his commitment to reaching a final product on this matter.”

The agreement on private bar advocates included in the legislation provides for sustainable rate increases for these advocates while being mindful of continuing fiscal and federal uncertainty. It also shifts a greater share of the work burden from the private bar to state public defenders by providing increased resources to the Committee on Public Counsel Services (CPCS). Details of this agreement are outlined below:

• Improving the State Public Defender Workforce. With $40 million for CPCS, the state public defender agency, will be able to more than double its existing workforce. These resources will allow CPCS to hire approximately 320 new public defenders by the end of Fiscal Year 2027. Increasing the proportion of indigent clients represented by public defenders—as opposed to private bar advocates, who are independent contractors—will help stabilize the public defense system in Massachusetts.

• Timely Representation for Defendants. This agreement ensures that clients are given access to counsel in a timely manner. It requires that CPCS prioritize the hiring of public defenders serving areas with unrepresented individuals awaiting counsel assignment. That includes counties with a recent history of private bar advocate work stoppages.

• Fiscally Responsible Rate Increases. The agreement sustainably increases rates for private bar counsel by $20 per hour over a period of two years, an increase of more than 30 per cent for district court rates. Beginning on August 1, 2025, the annualized rate of pay for private bar counsel would range from $150,000 to $260,000, increasing to $170,000 to $280,000 beginning August 1, 2026.

• Minimizing Disruptions. A series of measures will minimize future disruptions, recognizing the government’s Constitutional duty to provide legal representation to indigent defendants and protect the integrity of the overall justice system. All contractual agreements for the appointment of private counsel will need to prescribe requirements for minimum coverage and availability; private counsel contractual agreements must be renewed biannually; and an agreement among private bar advocates to refuse to compete for or accept new appointments or assignments unless the rates of pay are increased will constitute evidence of a violation of the Commonwealth’s antitrust laws, consistent with federal precedent.

• Independent, Non-Partisan Oversight. The Inspector General (IG) will examine the utilization of public defense and review the billing practices, procedures, and oversight of private bar advocates. This report, which will ensure integrity in our indigent defense system, is due back to the Legislature by June 30, 2026.

As legislation designed to ensure the Commonwealth’s bills are paid, the midyear supplemental budget puts forward $259 million in spending, including:

• $60 million for Home Care Services
• $43 million for Residential Assistance for Families in Transition (RAFT)
• $15.5 million for increasing the security of Electronic Benefits Transfer (EBT) cards by transitioning to chip cards
• $10 million for extraordinary cost reimbursements in the EMS system, with $5 million specifically dedicated to the communities impacted by the closure of Nashoba Valley Medical Center
• $7.5 million for the Healthy Incentives Program (HIP), which both strengthens food security for residents and supports Massachusetts farmers in the face of federal funding cuts
• $6 million for veterans’ benefits
• $4 million for the Massachusetts State Police (MSP) crime lab
• $1 million for the Fair Housing Fund.

The legislation also ratifies several collective bargaining agreements.

The final legislation also includes a series of provisions that codify certain federal protections for English language learners (ELL) and ELL students with disabilities that might be in jeopardy under the Trump Administration, ensuring the Commonwealth protects the right to public education for these students during this uncertain time.  This includes the long-time guarantee of public education to children regardless of their immigration status.

Both chambers of the Legislature having voted to enact the midyear supplemental budget, the legislation will now be sent to the Governor for her signature.

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