Amendment #688 to H4400

Raising the Billable Hours Cap for Counsel in Indigent Cases

Ms. Meschino of Hull moves to amend the bill by inserting after section 29 the following section:-

"SECTION 29A.  Section 11 of chapter 211D of the General Laws, as most recently amended by section 16 of chapter 283 of the Acts of 2016, is hereby amended by striking out subsection (d) and inserting in place thereof the following new section (d):-

(d) Notwithstanding the billable hour limitations in subsections (b) and (c), the chief counsel may waive the annual cap on billable hours for private counsel appointed or assigned to indigent cases and the cap on accepting new appointment or assignments if the chief counsel finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) shifting the services to private counsel would result in cost efficiencies; or (iii) shifting the service to private counsel would improve the quality of service; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not be paid for any time billed in excess of 2,000 billable hours and shall not accept any new appointment or assignment after having billed 1,500 billable hours during any fiscal year.  It shall be the responsibility of private counsel to manage their billable hours.".

Additional co-sponsor(s) added to Amendment #688 to H4400

Raising the Billable Hours Cap for Counsel in Indigent Cases