Deputy Chief Counsel for the Public Defender Division of the Committee for Public Counsel Services v. Acting First Justice of the Lowell Division of the District Court Department

Summary

The Massachusetts Supreme Judicial Court held that the Committee for Public Counsel Services (CPCS) has sole authority under G. L. c. 211D to assign counsel to indigent criminal defendants in a drug court. A judge may not exclude CPCS attorneys or override the statutory assignment system to implement a collaborative drug court team approach. Counsel assigned by CPCS may be removed only for cause after notice and a hearing.

Holdings

1. Under G. L. c. 211D, CPCS has sole authority to assign counsel to indigent criminal defendants after the judge determines indigency and assigns the case to CPCS.
2. A drug court judge may not bypass the statutory CPCS assignment system or exclude CPCS attorneys in order to accommodate a preference for attorneys willing to assume a collaborative and nonadversarial role.
3. Counsel assigned by CPCS may be removed only for cause after a hearing.

Questions Presented

1. Whether G. L. c. 211D gives CPCS sole authority to assign counsel to indigent criminal defendants after a judge determines that a defendant is indigent.
2. Whether a drug court judge may override CPCS's statutory assignment authority to select collaborative or volunteer attorneys for drug court proceedings.
3. Whether counsel assigned by CPCS may be removed from an indigent defendant's case without cause, notice, and an opportunity to be heard.

Disposition

other