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.”