Committee For Public Counsel Services
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Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
, the Committee for Public Counsel Services (CPCS) oversees the state
public defender A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Hungary and Singapore, ...
system for indigent criminal defendants.


Organization and responsibilities

Some attorneys are public defenders employed by the Committee itself.Joe Dwinell
Court-appointed lawyers quick to support pricey practice
''Boston Herald'' (November 18, 2008).
Others are private
criminal defense attorney A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jur ...
s appointed by the courts to represent indigent defendants.Bella English
Considering parole for a teen murderer
''Boston Globe'' (August 7, 2014).
CPCS has several divisions: a Private Counsel Division, a Public Defender division, a Youth Advocacy division, and a Mental Health Litigation Division. It also operates an Innocence Program representing those who are wrongfully convicted. In addition to overseeing public defense services for defendants at trial, the committee also assigns counsel to represent inmates in
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
hearings. CPCS's main office is at 75
Federal Street Federal Street may refer to: *Federal Street (Boston) **Federal Street Theatre *Federal Street (Baltimore) * Federal Street (Camden) *Federal Street (Philadelphia) ** Ellsworth–Federal station (formerly Federal Street Station) * Federal Street (P ...
,
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
. It has 20 regional offices across the
commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
.Audit No. 2022-1104-3J
Audit of the Committee for Public Counsel Services Overview of Audited Entity for the period January 1, 2019 through December 31, 2021
Office of the State Auditor (June 9, 2023).


History

CPCS was established in 1983 by the
Massachusetts Legislature The Massachusetts General Court (formally styled the General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the earliest days of the Massachusetts Bay Colony, w ...
in Chapter 673 of the Acts of 1983.Committee for Public Counsel Services: First Annual Report, 1985
/ref> It consolidated scattered previous programs including the Massachusetts Defenders Committee (MDC) (a public defender program established in 1960), the County Bar Advocate Program (a court-appointed counsel program affiliated with bar associations in most
Massachusetts counties The U.S. state of Massachusetts has 14 County (United States), counties, though eight of these fourteen county governments were abolished between 1997 and 2000. The counties in the southeastern portion of the state retain county-level local gove ...
), and the Roxbury Defenders Committee (RDC), a private non-profit that worked in the Roxbury District Court and the Suffolk Superior Court. In 2008, CPCS had 253 staffers, with an estimated 3,000 private attorneys on the list of lawyers approved to be appointed counsel. In 2018, CPCS has approximately 500 staff attorneys and 3,000 private attorneys certified to accept appointments. Audit of the Committee for Public Counsel Services: Overview
Office of the State Auditor (February 28, 2018).
In the period 2019–2022, CPCS had an estimated 868 employees and 16 unpaid interns (includes employees who left the organization during this period). As of 2008, private attorneys assigned to represent indigents were paid an hourly rate of $100 for murder cases, $60 for Superior Court cases, and $50 for district court cases. Public defenders and other CPCS employees, such as investigators, have repeatedly but unsuccessfully attempted to unionize; efforts in 2015 and 2018 to form a bargaining unit failed. A 2014 study by the
Massachusetts Bar Association The Massachusetts Bar Association (MBA) is a voluntary, non-profit bar association in Massachusetts with a headquarters on West Street in Boston's Downtown Crossing. The MBA also has a Western Massachusetts office. The purpose of the MBA is t ...
found that Massachusetts had the lowest-paid public defenders in the country. In 2017, thousands of private court-appointed attorneys in Massachusetts were not paid for weeks for their services; the legislature ultimately approved retroactive funds to compensate them. After the
Annie Dookhan Annie Dookhan (born 1977) is an American convicted felon who formerly worked as a chemist at the Massachusetts Department of Public Health Drug Abuse lab and admitted to falsifying evidence affecting up to 34,000 cases. Early life and education A ...
scandal (in which a Massachusetts drug lab chemist falsified test results, implicating many defendants), CPCS as well as the
ACLU of Massachusetts The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
, advocated for the dismissal of cases. In 2017, approximately 6,000 drug cases were dismissed because of the misconduc, although the
Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the di ...
declined CPCS's request for wholesale dismissal of all cases linked. In 2019, CPCS's servers were targeted by a
ransomware Ransomware is a type of malware from cryptovirology that threatens to publish the victim's personal data or permanently block access to it unless a ransom is paid off. While some simple ransomware may lock the system without damaging any files, ...
attack, disrupting operations;Andy Rosen, yberattack with ransom demand has disrupted public defenders for weeks ''Boston Globe'' (March 12, 2019) it took around 10 business days for data to be fully restored.


References

{{Reflist


Further reading

*
Indigent Defense in Massachusetts: A Case History of Reform
', The Spangenberg Group, August 2005


External links


Official website
Public defense institutions Massachusetts law Organizations established in 1983 Organizations based in Boston