General Laws

[ Text of section effective until July 1, 2011. For text effective July 1, 2011, see below.]

  Section 1. There shall be a committee for public counsel services, hereinafter referred to as the committee, to plan, oversee, and coordinate the delivery of criminal and certain noncriminal legal services by all salaried public counsel, bar advocate and other assigned counsel programs, and private attorneys serving on a per case basis. The committee shall consist of fifteen persons to be appointed for a term of three years by the justices of the supreme judicial court. Said court shall request and give appropriate consideration to nominees for the fifteen positions from the Massachusetts Bar Association, county bar associations, the Boston Bar Association, and other appropriate bar groups including, but not limited to, the Massachusetts Black Lawyers' Association, Women's Bar Association, and the Massachusetts Association of Women Lawyers. Each member of the committee shall serve until his successor in office has been appointed and qualified. Vacancies shall be filled by the justices of the supreme judicial court by appointment to an unexpired term. Members of the committee may be removed by the justices of the supreme judicial court. No member of the committee shall receive any compensation for his services, but each member shall be reimbursed for actual expenses incurred in attending the committee meetings.

  The provisions of chapter two hundred and sixty-eight A shall apply to all members, officers and employees of the committee, except that the committee may provide representation or enter into a contract pursuant to the provisions of sections three or six although a member of the committee may have an interest or involvement in any such matter; provided, however, that such interest and involvement is disclosed in advance to the other members of the committee and recorded in the minutes of the committee; and provided, further, that no member having an interest or involvement in any contract under section three may participate in any particular matter, as defined in section one of chapter two hundred and sixty-eight A, relating to such contract.

Chapter 211D: Section 1. Committee for public counsel services; establishment

[ Text of section as amended by 2011, 68, Sec. 112 effective July 1, 2011. See 2011, 68, Sec. 221. For text effective until July 1, 2011, see above.]

  Section 1. There shall be a committee for public counsel services, hereinafter referred to as the committee, to plan, oversee, and coordinate the delivery of criminal and certain noncriminal legal services by salaried public counsel, bar advocate and other assigned counsel programs and private attorneys serving on a per case basis. The committee shall consist of 15 persons: 2 of whom shall be appointed by the governor; 2 of whom shall be appointed by the president of the senate; 2 of whom shall be appointed by the speaker of the house of representatives; and 9 of whom shall be appointed by the justices of the supreme judicial court, 1 of whom shall have experience as a public defender, 1 of whom shall have experience as a private bar advocate, 1 of whom shall have criminal appellate experience, 1 shall have a background in public administration and public finance, and 1 of whom shall be a current or former dean or faculty member of a law school. The court shall request and give appropriate consideration to nominees for the 9 positions from the Massachusetts Bar Association, county bar associations, the Boston Bar Association and other appropriate bar groups including, but not limited to, the Massachusetts Black Lawyers' Association, Inc., Women's Bar Association of Massachusetts, Inc., and the Massachusetts Association of Women Lawyers, Inc.

  All members of the committee shall have a strong commitment to quality representation in indigent defense matters or have significant experience with issues related to indigent defense. The committee shall not include presently serving judges, elected state, county or local officials, district attorneys, state or local law enforcement officials or public defenders employed by the commonwealth. The term of office of each member of the committee shall be 4 years. Members of the committee may be removed for cause by the justices of the supreme judicial court. Vacancies shall be filled by the appointing authority that made the initial appointment to the unexpired term of the appointee within 60 days of the occurrence of the vacancy. An appointee shall continue in office beyond the expiration date of the appointee's term until a successor in office has been appointed and qualified. While serving on the committee, no member shall be assigned or appointed to represent indigent defendants before any court of the commonwealth. No member shall receive any compensation for service on the committee, but each member shall be reimbursed for actual expenses incurred in attending the committee meetings.

  Chapter 268A shall apply to all members, officers and employees of the committee, except that the committee may provide representation or enter into a contract pursuant to section 3 or section 6, although a member of the committee may have an interest or involvement in any such matter if such interest and involvement is disclosed in advance to the other members of the committee and recorded in the minutes of the committee; provided, however, that no member having an interest or involvement in any contract under section 3 may participate in any particular matter, as defined in section 1 of chapter 268A, relating to such contract.