A handful of criminal defendants were released from a Boston jail Monday because they had not had an attorney for more than seven days.

Four defendants were released. Two were facing drug distribution charges, another man was accused of choking his partner, and the final defendant was accused of receiving stolen property. They were released as a result of a shortage of defense attorneys and a work strike. 

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Last week, the Massachusetts Supreme Judicial Court enacted the Lavallee Protocol, which requires poor criminal defendants to be released if they have not had an appointed attorney for more than seven days. Per the protocol, after 45 days, their cases can be dismissed without prejudice. 

Full-time public defenders usually cover about 20% of court-appointed cases for needy clients. The remaining 80% are handled by bar advocates, private attorneys who take on “duty days” or court-appointed work outside their typical private responsibilities.

For the past six weeks, some bar advocates in Massachusetts have stopped their grassroots work in protest of low pay and a shortage of lawyers in their field. Bar advocates have said that at $65 an hour, which does not include benefits, retirement, or overhead, they are being underpaid by the Committee for Public Counsel Services. They proposed a pay increase to $73 an hour over the next two fiscal years.

The bar advocates’ strike has put more pressure on public defenders, who are now the only ones doing the work. 

“This has clearly reached a critical stage. It’s reached an emergency stage,” said Elyse Hershon, a criminal defense attorney and bar advocate. “You know, we need to fix this in order to keep qualified lawyers in this industry in this practice, and then also to attract and recruit more.”

Gov. Maura Healey (D-MA) has expressed concern about the work stoppage. 

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“Governor Healey is concerned about the negative public safety impacts of this work stoppage,” said Karissa Hand, a spokeswoman for the governor. “She urges all those impacted to work together to reach a resolution and ensure that all defendants receive the representation to which they are entitled.”

More people accused of crimes could be released from jail on Wednesday.