Budget Amendment ID: FY2012-S3-104-R1

Redraft JUD 104

Governing Committee of CPCS

Ms. Creem, Ms. Clark, Mr. Joyce, Ms. Jehlen, Ms. Spilka, Messrs. Welch, Donnelly and DiDomenico, Ms. Donoghue and Mr. McGee moved that the proposed new text be amended in Section 79 by striking out lines 4 through 42, inclusive, and inserting in place thereof the following:

Section 1.  There shall be a committee for public counsel services, hereinafter referred to as the committee, to plan, oversee, and coordinate the delivery of criminal and certain noncriminal legal services by all salaried public counsel, bar advocate and other assigned counsel programs, and private attorneys serving on a per case basis. The committee shall consist of fifteen persons to be appointed for a term of three years by the justices of the supreme judicial court. Said court shall appoint five members from recommendations given them as follows:  three recommendations from the Governor, two recommendations from the Senate President and two recommendations from the Speaker of the House of Representatives.  Said court shall also request and give appropriate consideration to nominees for the remaining ten positions from the Massachusetts Bar Association, Massachusetts Association of Court Appointed Attorneys, county bar associations, the Boston Bar Association, and other appropriate bar groups including, but not limited to, the Massachusetts Black Lawyers’ Association, Women’s Bar Association, and the Massachusetts Association of Women Lawyers. Each member of the committee shall serve until his successor in office has been appointed and qualified. Vacancies shall be filled by the justices of the supreme judicial court by appointment to an unexpired term. Members of the committee may be removed by the justices of the supreme judicial court. No member of the committee shall receive any compensation for his services, but each member shall be reimbursed for actual expenses incurred in attending the committee meetings.  While serving on the committee no member shall be assigned or appointed to represent indigent defendants before any court of the commonwealth.

The provisions of chapter two hundred and sixty-eight A shall apply to all members, officers and employees of the committee, except that the committee may provide representation or enter into a contract pursuant to the provisions of sections three or six although a member of the committee may have an interest or involvement in any such matter; provided, however, that such interest and involvement is disclosed in advance to the other members of the committee and recorded in the minutes of the committee; and provided, further, that no member having an interest or involvement in any contract under section three may participate in any particular matter, as defined in section one of chapter two hundred and sixty-eight A, relating to such contract.