Massachusetts General Laws
Chapter 211d - Committee for Public Counsel Services
Section 2b - Appointment of Counsel for Criminal Defendant Charged With Misdemeanor or Municipal Ordinance or Bylaw Violation

Section 2B. A person charged with a misdemeanor or a violation of a municipal ordinance or bylaw, on motion of the commonwealth, the person or on the court's own motion, shall not be appointed counsel if the judge, at arraignment, informs such person on the record that, if the person is convicted of such offense, the person's sentence shall not include any period of incarceration. For good cause, that judge or another judge of the same court may later revoke such determination on the record and appoint counsel, and on the request such counsel shall be entitled to a continuance to conduct any necessary discovery and to prepare adequately for trial. Any such determination or revocation by a judge shall be endorsed upon the docket of the case.

Structure Massachusetts General Laws

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 2a - Verification of Claim of Indigency; Waiver by Claimant Allowing Access to Information; Reassessments Following Appointment of Counsel; Reporting

Section 2b - Appointment of Counsel for Criminal Defendant Charged With Misdemeanor or Municipal Ordinance or Bylaw Violation

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 6a - Establishment of Children and Family Law Program; Utilization of Certified Private Counsel

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 11 - Compensation Rates; Limitation on Annual Billable Hours Payable; Limitation on New Appointments

Section 12 - Private Counsel Compensation; Audit and Oversight Department; Submission of Invoices for Payment

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