Constitutionally mandated court functions must be fully funded by direct appropriation. Contingent funding for core court functions and indigent representation is unconstitutional. Funding public defenders from indigent counsel fees was found unconstitutional on February 12, 2004 in Minnesota, and has been found unconstitutional in other states.

An independent judiciary requires full, secure funding by direct appropriation, as does the sixth amendment right to counsel.

MACAA has never agreed that the courts and judiciary, appointed lawyers for the poor, or the Committee for Public Counsel Services should be funded by indigent counsel fees or probation fees. The Governor's proposal to use so-called "retained revenue" to fund constitutionally mandated core functions constitutes contingent funding, illegally attempting to balance the Commonwealth's budget on the backs of the poor. Using retained revenue, once collected, to upgrade dilapidated courthouses would make sense. Holding the third branch of government, the judiciary, hostage to collections of fees from the poor is to hold democracy itself hostage.

The Supreme Judicial Court, however, is to be commended for issuing a uniform Affidavit of Indigency to be used in all courts. Fundamental fairness demands that indigency be determined in the same way, using the same form and same standards, for all litigants.

MACAA will offer testimony in support of full funding by direct appropriations for 6th amendment legal services, and House Bills H4321 (adjustment for inflation of pay rates) and H4827 (supplemental funding for FY 2004), before the Joint Ways and Means Committee at the state house on Friday, February 27, 2004.