Amendment ID: S2181-16

Amendment 16

Meeting Constitutional Mandate for Public Counsel Services

Mr. Eldridge moves that the proposed new text be amended by adding the following section:-

d) Notwithstanding any general or special law to the contrary, if the committee for public counsel services determines that there exists a limited availability of qualified private counsel for criminal, mental health or juvenile cases in any county, the committee may, pursuant to subsection (a), by a majority vote, declare an emergency in that county. Upon the declaration of an emergency, the chief counsel of the committee may waive the annual cap on billable hours for private counsel appointed or assigned to represent clients in criminal, mental health and juvenile cases in the specified county; provided, however, that any counsel appointed or assigned to such cases shall not be paid for any time billed in excess of 2,000 billable hours.