[ Subsection (a) effective until July 1, 2021. For text effective July 1, 2021, see below.]
Section 11. (a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $100 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $68 per hour; for district court cases and children in need of services cases the rate of compensation shall be $53 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $55 per hour; for sex offender registry cases and mental health cases the rate of compensation shall be $53 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.
[ Subsection (a) as amended by 2021, 24, Secs. 59 to 63 effective July 1, 2021. See 2021, 24, Sec. 149. For text effective until July 1, 2021, see above.]
(a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $110 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $75 per hour; for district court cases and children in need of services cases the rate of compensation shall be $60 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $75 per hour; for sex offender registry cases and mental health cases the rate of compensation shall be $60 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.
(b) The committee shall set an annual cap on billable hours not in excess of 1,650 hours. Counsel appointed or assigned to represent indigents within the private counsel division shall not be paid for any time billed in excess of the annual limit of billable hours. It shall be the responsibility of private counsel to manage their billable hours.
(c) Notwithstanding the billable hour limitation in subsection (b), the chief counsel of the committee may waive the annual cap on billable hours for private counsel appointed or assigned to indigent cases if the chief counsel finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) there is limited availability of qualified counsel in a geographic area; or (iii) increasing the limit would improve efficiency and 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. It shall be the responsibility of private counsel to manage their billable hours.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title I - Courts and Judicial Officers
Chapter 211d - Committee for Public Counsel Services
Section 1 - Committee for Public Counsel Services; Establishment
Section 2 - Indigency; Definition, Standards and Procedures for Determination
Section 3 - Accepting of Gifts, Grants or Contributions; Contracts
Section 4 - Rules and Regulations; Annual Report; Training; Rotating Appointment Mechanism
Section 5 - Appointment or Assignment of Counsel
Section 6 - Public Defender and Private Counsel Divisions; Duties
Section 6b - Payment of Counsel
Section 8 - Assignment of Case of Indigent Accused of Murder
Section 9 - Division Standards
Section 10 - Committee Monitoring of Standards Compliance; Review of Client Complaints
Section 13 - Chief Counsel; Deputies; Staff; Compensation
Section 15 - Community Advisory Board; Roxbury Community; Consultation
Section 16 - Appointment of Counsel; Sex Offender Registry Classification System