Judiciary Amendments

Budget Amendment ID: FY2021-S4-176

JUD 176

Emergency Authorization for CPCS to Meet Demand for Representation

Mr. Eldridge, Ms. Creem and Ms. Chang-Diaz moved that the proposed new text be amended by inserting after section XX the following:-

“SECTION XX. (a) 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 appointed or assigned to care and protection cases in any county, the committee may, by a majority vote, declare an emergency in that county.

(b) Upon the declaration of an emergency pursuant to subsection (a), the committee may authorize a temporary increase in the rate of compensation for private counsel appointed or assigned to care and protection cases in that county who, prior to the declaration of an emergency, have billed not less than 350 hours in the current fiscal year as private counsel appointed or assigned to care and protection cases or who have billed not less than 700 hours in the previous fiscal year as private counsel appointed or assigned to care and protection cases. The committee shall designate a certain minimum number of cases to be taken by each private appointed counsel who is designated eligible to receive the emergency temporary rate of compensation. The temporary increase in the rate of compensation shall be for new case assignments made on or after the date of the declaration of an emergency pursuant to subsection (a). The temporary increase in the rate of compensation shall apply for the duration of those new case assignments. The temporary increase in the rate of compensation for private counsel appointed or assigned to care and protection cases approved by the committee shall not exceed $75 per hour. If the committee determines that the increase in the rate of compensation has not resulted in a sufficient increase in the number of care and protection assignments being taken by private counsel, the committee may modify the eligibility criteria. The chief counsel shall notify the chairs of the house and senate committees on ways and means upon any such modification.

(c) Upon the declaration of an emergency pursuant to subsection (a), the chief counsel of the committee may waive the annual cap on billable hours for private counsel appointed or assigned to represent clients in care and protection 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.

(d) The committee may limit the availability of the rate of compensation authorized under subsection (b) based on the committee’s monitoring and evaluation of the performance of counsel under section 10 of chapter 211D of the General Laws or to attorneys whose offices are located in particular counties.”

Budget Amendment ID: FY2021-S4-177-R1

Redraft JUD 177

Health and Human Services

Ms. Moran moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided further, that not less than $100,000 shall be expended to Plymouth County Outreach, Inc., to provide temporary housing and harm reduction services for those located in HUB A"; and

by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$200,000”.

Budget Amendment ID: FY2021-S4-178

JUD 178

Court Appointed Special Advocates (CASA) Program

Ms. Chandler, Ms. DiZoglio, Mr. Moore, Ms. Comerford, Mr. Eldridge, Ms. Gobi, Messrs. Lesser, Velis and Finegold moved that the proposed new text be amended in section 2, by inserting after item 0337-0002 the following item:

"0037-0003 For the continued operations of the Court Appointed Special Advocates Program; provided further, that not less than $250,000 shall be expended on the Worcester County court-appointed special advocates program; provided further, that not less than $112,000 shall be expended on the Franklin and Hampshire County court-appointed special advocates program; provided further, that not less than $175,989 shall be expended on the Hampden County court-appointed special advocates program; provided further, that not less than $125,000 shall be expended on the Essex County court-appointed special advocates program; provided further, that not less than $200,000 shall be expended on the Boston court-appointed special advocates program; and provided further, that not less than $53,995 shall be expended on the Berkshire County court-appointed special advocates program.................................$916,984".

Budget Amendment ID: FY2021-S4-178-R1

Redraft JUD 178

Court Appointed Special Advocates (CASA) Program

Ms. Chandler, Ms. DiZoglio, Mr. Moore, Ms. Comerford, Mr. Eldridge, Ms. Gobi, Messrs. Lesser, Velis, Finegold and Tarr, Ms. Lovely and Mr. Boncore moved that the proposed new text be amended in section 2, in item 0337-0002, by adding the following words:- "; provided, that not less than $250,000 shall be expended on the Worcester county court-appointed special advocates program; provided further, that not less than $112,000 shall be expended on the Franklin and Hampshire county court-appointed special advocates program; provided further, that not less than $175,989 shall be expended on the Hampden county court-appointed special advocates program; provided further, that not less than $125,000 shall be expended on the Essex county court-appointed special advocates program; provided further, that not less than $200,000 shall be expended on the Boston court-appointed special advocates program; and provided further, that not less than $53,995 shall be expended on the Berkshire county court-appointed special advocates program"; and

by striking out the figure "$19,998,233" and inserting in its place thereof the following figure:- "$20,915,217".

Budget Amendment ID: FY2021-S4-179

JUD 179

Ensuring EDI Readiness

Ms. Jehlen, Mr. Eldridge, Ms. Rausch and Ms. Chang-Diaz moved that the proposed new text be amended By inserting the following new section:

Section XX. Any district court, housing court, or the Boston municipal court, shall not accept a summary process filing nor allow a filing for summary process to progress until such time that the court certifies that it has sufficient legal services available at tier 1 events, mediation services, interpretation services, or housing specialists available to adequately provide for any low-income defendant as those services are described in the Housing Court standing order number 6-20. In certifying court readiness, the court shall issue an estimate for the anticipated number of case filings against low-income defendants for each week for at least 5 weeks ahead. The court shall also certify that it has made available the informational attachment required under section XX, required to accompany any notice to quit. Any notice to quit issued during any time before the court has certified its readiness to proceed shall not be valid to file a summary process action.