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Chapter One

Chapter One: Scope of Services 1-1 (full PDF)

Please note that all chapters are in PDF format and require the Adobe Acrobat Reader.

SEPTEMBER, 1999 – PORTIONS UPDATED 2004

PLEASE NOTE: THIS MANUAL IS CURRENTLY UNDER REVISION.

PERFORMANCE GUIDELINES FOR BOTH CRIMINAL & CIVIL CASES (CHAPTER 4) HAVE BEEN REVISED IN 2004.

BILLING POLICIES & PROCEDURES (CHAPTER 5) ARE CURRENTLY BEING REVISED TO REFLECT EBILL AND OTHER CHANGES. PLEASE CHECK WITH THE COMMITTEE REGARDING THESE POLICIES.

This manual informs attorneys representing indigent clients through the Committee for Public Counsel Services pursuant to G.L. c.211D of the qualification, training and performance requirements, the billing process, audit and evaluation procedures, and other policies and procedures related to assignment and compensation.

Attorneys who accept assignments of cases pursuant to G.L. c.211D are required to follow the policies and procedures in this manual and any other CPCS publications, and any amendments, revisions, or additions to CPCS policies and procedures. Indigent Court Cost vendors are subject to the CPCS General Billing Policies and Procedures.

 

The Commonwealth of Massachusetts

COMMITTEE FOR PUBLIC COUNSEL SERVICES

Complete listing of Committee members

Willie J. Davis, Esq., Chair

Matthew H. Feinberg, Esq., Vice Chair

Dorothy Meyer Storrow, Esq., Secretary

Eileen D. Agnes. Esq.

Victoria M. Bonilla, Esq.

Ann V. Crowley, Esq.

Derege B. Demissie, Esq.

Judith A. Egan, Esq.

Joseph L. Kociubes, Esq.

Judith L. Lindahl, Esq.

Peter J. Muse, Esq.

John T. Ouderkirk, Jr., Esq.

Honorable Robert H. Quinn, Esq.

Charles W. Rankin, Esq.

Honorable W. Paul White, Esq.

William J. Leahy, Esq., Chief Counsel

Committee for Public Counsel Services

44 Bromfield Street

Boston, MA 02108

(617) 482-6212

FAX: (617) 988-8494

 

 

 

I. SCOPE OF SERVICES OF
COMMITTEE FOR PUBLIC COUNSEL SERVICES
FOR PERSONS DETERMINED TO BE INDIGENT BY THE COURT

 

The Committee compensates:

SUPREME JUDICIAL COURT

- Counsel for persons requesting direct appellate review of convictions or adverse decrees.

- Counsel for persons requesting further appellate review of convictions or adverse decrees.

- Single justice petitions.

APPEALS COURT

- Counsel for persons on appeal from convictions or adverse decrees.

- Single justice petitions.

JUVENILE COURT DEPARTMENT

- Counsel for defendants in delinquency matters.

- Counsel for Youthful Offender defendants.

- Counsel for children subject to CHINS proceedings. G.L. c.119 '39F.

- Counsel for parents and children in Care and Protection cases.

- Counsel for parents and children in Substitute Care Reviews

- G.L. c.119 ''24 & 29: Counsel for parents and children in care and protection cases

- G.L. c.119 ''29B & 29C: Counsel for parents and children in substitute care hearings

HOUSING COURT DEPARTMENT

- Counsel for defendants in criminal contempt matters.

PROBATE AND FAMILY COURT DEPARTMENT

 

 

Counsel for Defendants in Criminal Contempt Matters
G.L. c.19A '20(a)

Elderly Abuse
Counsel for proposed ward under Elderly Abuse Statute

G.L. c.201 ''6 & 6A; 14  Guardianship

- Substituted Judgment for Extraordinary Treatment (for example, anti-psychotic medication, or "Rogers" cases)

- With authority to admit/commit to a mental health or mental retardation facility.

G.L. c.210 '3

 

G.L. c.209C

 

G.L. c.208

 

State Intervention Proceeding

Counsel for parents and children in:

Petitions to terminate parental consent to adoption by Commonwealth or licensed social service agency standing in its stead.

Paternity actions where DCF is a party or the trial court is contemplating giving custody of the child to Department of Children and Families or pursuant to Balboni v. Balboni.

Divorce actions where Department of Children and Families is a party or the trial court is contemplating giving custody of minor children to Department of Children and Families pursuant to Balboni v. Balboni.

 

G.L. c.119 ''23C & 29 "Care and Protection" cases 
G.L. c.201 ''5 & 14 Guardianships of minors where Commonwealth or agency is petitioning
G.L. c.119 ''29B & 29C Substitute Care Review Hearings
G.L. c.119 '29

Any other proceeding regarding child custody when the Department of Children and Families or a licensed placement agency is a party.

SUPERIOR COURT DEPARTMENT

 

Counsel for Defendants in Criminal Matters Where Incarceration Possible

G.L. c.123 '16

Counsel for defendants in petitions to commit as mentally ill

G.L. c.123A '9 Petitions for Release

Counsel for persons declared sexually dangerous petitioning for release

G.L. c.123 '9(b) Counsel for persons appealing from commitment orders and authorizations to treat
G.L. c.112 '12S

Abortions

Counsel for minors seeking abortions or for their representatives

G.L. c.19C '7

Disabled Persons Petition for Protective Services

DISTRICT COURT AND BOSTON MUNICIPAL COURT DEPARTMENTS

  Counsel for Defendants in Criminal Matters Where Incarceration Possible
G. L. c.123 '5

G. L. c.123 '35

Commitments

Counsel for respondents in petitions to commitas mentally ill (under ''8, 15, 16, 18);
for petitions to commit for alcohol or substance abuse.

G. L. c.123 '12(e) Warrants of Apprehension
G. L. c.123 '8B

G. L. c.123 '9(a)

Counsel for petitions for authorization to treat for mental illness. 

Counsel for Petitioners in Appeals of civil commitments (Appellate Division appeals)

G. L. c.119 ''24 & 29

G. L. c.119 ''29B & 29C

Counsel for parents and children in care and protection cases

Counsel for parents and children in substitute care hearings.