SENATE DOCKET, NO. 1283        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 811

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the waiver of billable hours for the private bar in certain circumstances.

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PETITION OF:

SENATE DOCKET, NO. 1283        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 811

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to the waiver of billable hours for the private bar in certain circumstances.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 11 of Chapter 211D of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out subsections (b) and (c), and inserting in place thereof the following:-

(b) The committee shall set an annual cap on billable hours not in excess of 1,650 hours, provided however that such limitation shall not apply, if the chief counsel of the committee determines that a waiver shall be allowed due to: i.) Limited availability of qualified counsel in that geographic location or practice area, ii.) Requirements for expertise rendering assignment to certain service providers would be more cost effective, or iii.) Demonstrated efficiency of the service provider shows that shifting the service to other providers will reduce the quality and increase the cost of the service. Counsel appointed or assigned to represent indigents within the private counsel division shall not be paid for any time billed in excess of the annual limit of 1,650 billable hours, provided, however, that if a waiver has been granted in accordance with this section counsel appointed or assigned to represent indigents within the private counsel division shall not be paid for any time billed in excess of an annual limit of 1,800 billable hours.  It shall be the responsibility of private counsel to manage their billable hours.

(c) Any counsel who is appointed or assigned to represent indigents within the private counsel division, except any counsel appointed or assigned to represent indigents within the private counsel division in a homicide case, shall be prohibited from accepting any new appointment or assignment to represent indigents after that counsel has billed 1,350 billable hours during any fiscal year, provided however, that the limitation shall not apply if the chief counsel for the committee determines that a waiver shall be allowed due to factors set out in subsection (b) of this section.