There are approximately 2,400 attorneys in Massachusetts who continue to accept court appointed cases to represent indigent defendants, those who are mentally ill, and children and families involved in the Juvenile Court. This is fewer than five percent of attorneys statewide. These are the lawyers who go into court and represent poor people in their most troubling moments. The lawyers who do this work continue to do so for various reasons. These lawyers are dedicated to providing constitutional protections to every citizen of the state. These attorneys have continued to provide services to the poor despite the fact that in 20 years they have received a single $7.50 raise. The Judiciary line item in the budget (Line Item 0321-1510) which provides the funding for these private counsel is now before the Legislature.

The bipartisan Commission established to provide a report on Indigent Defense to the Legislature recommended that "the Commonwealth commit to a formula that would ensure that the hourly rates paid to CPCS private counsel are maintained at no lower that the 75th percentile of hourly rates paid to private attorneys representing indigent defendants in comparable states." The Commission had a number of questions they were asked to address and were given no funds to hire experts. The Commission report states it did not have the expertise to recommend an exact dollar number for the 75th percentile. "Unfortunately, the deadline imposed by our enabling statute does not afford the Commission sufficient time to complete the far-reaching research, comparisons, and analysis that must be done to establish the framework for effectuating the 75th percentile benchmark."

Pursuant to General Laws chapter 211D Sec. 11, the Committee for Public Counsel Services (CPCS) is authorized to hold public hearings to establish a fair rate of pay. CPCS has held public hearings to gather information on court appointed counsel compensation for 20 years to determine proposed compensation rates. CPCS is the organization responsible by statute to set the rates. It should be noted that since 2002, CPCS has requested that the rates should be $60/$90/$120. This proposed rate is entirely consistent with the Commission's intention that these attorneys be paid at the 75th percentile. The Legislature should vote to allocate funding sufficient for the CPCS recommended rates of $60/$90/$120.

The provision of counsel is required by both the United States and Massachusetts Constitutions. In Massachusetts, our system of indigent defense is managed by CPCS. CPCS is a statutorily established, centralized, independent agency. CPCS develops and oversees extensive training, certification and continuing legal education programs for each area of mandated representation. It should be noted that the Commission report did not identify a single problem in the quality of the legal services which are provided by the private counsel.

Massachusetts currently has a system for the delivery of indigent defense that is nationally recognized as a model system. The American Bar Association has developed standards for programs which provide defense counsel in criminal cases. One of the ABA recommendations is that states should have a legal representation plan that has a coordinated program that includes both public defenders and private counsel. This is exactly what CPCS has in place, with the responsibility for oversight of both the public defenders and the private counsel (Bar Advocates).

In a 2003 study by the Vera Institute of Justice for the Federal Court program, the state of Massachusetts was highlighted in the chapter entitled "State Court Good Practices". The study notes that Massachusetts has a system of professional administrators who select the lawyers who participate in the program and oversee the work done by the lawyers. It also notes that the Massachusetts system includes performance evaluations, investigation of complaints, training, and a computerized system to monitor the caseloads and billing practices of the Massachusetts private counsel.

The MACAA Board of Directors has unanimously approved endorsement of the rates which have been set by the Committee for Public Counsel Services since 2002: $60/$90/$120. MACAA joins with the Massachusetts Bar Association in requesting that an adequate rate of pay be enacted in full, this fiscal year. Further, the MACAA Board of Directors supports and endorses that CPCS should continue to allocate the different pay rates to the specific panels of attorneys where higher rates are indicated. Specifically, the Superior Court panel and the Care and Protection panel. Historically, there has been difficulty in recruiting lawyers to do these different but both difficult legal matters. Additionally, the MACAA Board expects that when higher rates are implemented for the private counsel, there will be a sufficient number of attorneys in all Massachusetts Courts. Thus, there is no purpose for any proposed pilot programs. If there is a need for CPCS employee staff counsel (the public defenders), it is anticipated that this need will be seen in the Superior Court in several selected counties which can be determined by CPCS.

The Massachusetts Association of Court Appointed Attorneys looks forward to resolving the inadequate funding for this dedicated group of attorneys in the Commonwealth who have borne the burden of providing representation for indigent citizens of the Commonwealth for so long.

Please direct all questions or requests for change in contact information to Nancy McLean, Press Secretary, Massachusetts Association of Court Appointed Attorneys, nmm@..., cell phone 617-529-6349.

The Massachusetts Association of Court Appointed Attorneys is a non- profit corporation established in 2003 to ensure that the highest quality of legal representation is given to each and every person entitled to court appointed counsel regardless of ability to pay. MACAA encompasses all attorneys on all legal panels where counsel are appointed for indigent persons: defendants in the criminal system; juveniles involved in delinquency matters; children before the Court under the stubborn children statute; parents and children involved in Care and Protection proceedings; and indigent persons who are before the Court for mental health proceedings; proceedings before the sexual offender registration board; proceedings for the commitment of sexually dangerous persons; and appeals from all proceedings. MACAA was formed and is run on a voluntary basis by its own members. There are approximately 2,400 attorneys in Massachusetts who accept court appointed cases. The Committee for Public Counsel Services is the state agency charged with training and oversight of these attorneys.