FISCAL YEAR 2013 BUDGET SUMMARY ($000)
ACCOUNT FY2013
Conference
FY2013
Vetoes
FY2013
GAA
Committee for Public Counsel Services 45,130 0 45,130
Private Counsel Compensation 98,906 0 98,906
Indigent Counsel Fees Retained Revenue 8,900 0 8,900
Indigent Persons Fees and Court Costs 9,010 0 9,010
TOTAL    161,946 0 161,946

Hide line item language

account description amount
COMMITTEE FOR PUBLIC COUNSEL SERVICES 162,096,222
Direct Appropriations
0321-1500 Committee for Public Counsel Services
For the operation of the committee for public counsel services, as authorized by chapter 211D of the General Laws; provided, that the committee shall develop and implement a system in which no less than 25 per cent of indigent clients shall be represented by public defenders no later than October 1, 2012; provided further, that to the extent feasible, the committee shall assign public defenders to district and superior courts; provided further, that the committee shall submit a report to the clerks of the house of representatives and senate, the joint committee on the judiciary and the house and senate committees on ways and means, no later than November 30, 2012, that shall include, but not be limited to, the following, which shall be delineated by type of case and geographic location: (i) the number of clients assisted by the committee in the prior fiscal year, delineated by public defender and private bar advocate; (ii) the average cost for public defender services rendered per client in the prior fiscal year; (iii) the average cost for private bar advocate services rendered per client in the prior fiscal year; (iv) the average number of hours spent per case by public defenders in the prior fiscal year; (v) the average number of hours billed by private bar advocates in the prior fiscal year; (vi) the total amount of counsel fees paid to the committee by clients for services rendered in the prior fiscal year; (vii) the total of indigent but able to contribute fees paid to the committee by clients for services rendered in the prior fiscal year; (viii) any proposed expansion of legal services delineated by type of service, target population and cost; (ix) the costs for services rendered per client in the prior fiscal year; (x) the current percentage of indigent defendants represented by public defenders by division and courthouse; (xi) the number of public defenders hired since the start of fiscal year 2012 by division and courthouse; (xii) the current number of public defenders and private bar advocates assigned to each courthouse and division; (xiii) the number of former private bar advocates that have been hired as public defenders since the start of fiscal year 2012; (xiv) the total number of cases that have been assigned to all new public defenders, delineated by type of case, division and courthouse since the start of fiscal year 2012; (xv) the number of cases that have been assigned to private bar advocates, delineated by type of case, division and courthouse since the start of fiscal year 2012; (xvi) the total number of support staff, investigators, attorneys in charge and management personnel that have been hired since the start of fiscal year 2012; (xvii) the caseload of attorneys in charge compared to the caseload of public defender staff attorneys; and (xviii) the number of public defenders hired over the previous 15 months that have not been assigned to district or superior court and the reason for their division assignments; provided further, that the committee shall submit quarterly reports to the house and senate committees on ways and means starting on October 1, 2012 that shall include, but not be limited to: (a) any perceived impediments to implementing the expansion plan by October 1, 2012 and possible solutions to such impediments; (b) the expected surplus or deficiency for fiscal year 2013 of items 0321-1500, 0321-1510 and 0321-1520; (c) the current and projected number of public defenders and private bar advocates assigned to each courthouse; (d) the number of public defenders that have been hired, both to date and since the previous quarter; (e) the offices and divisions that these public defenders have been assigned to; (f) the total number of cases that have been assigned to these public defenders; (g) the total number of cases that have been assigned to all public defenders; (h) the number of public defender vacancies to be filled; (i) the total number of support staff, investigators, attorneys in charge and management that have been hired; (j) the number of cases that have been assigned to private bar advocates; (k) the total billable hour to date of private bar advocates; (l) changes to the private bar advocate billing system; (m) the staffing efficiencies that have been achieved; (n) the billing improvements that have been made; (o) the number and cost of private investigators used, delineated by firm; (p) the number, cost and cost per hour of psychologists and psychiatrists used by private bar advocate, delineated by firm; (q) the number, cost and cost per hour of psychologists and psychiatrists used by public defender, delineated by firm; (r) the number of clients assisted by the committee, delineated by public defender and private bar advocate representation, and further delineated by type of case and courthouse; (s) the average cost for public defender services rendered per client, delineated by type of case and courthouse; (t) the average cost for private bar advocate services rendered per client, delineated by type of case and courthouse; (u) the average number of hours spent per case by public defenders, delineated by type of case and courthouse; (v) the average number of hours billed by private bar advocates, delineated by type of case and courthouse; (w) the billable hours of private bar advocates broken down by travel time, time spent in court and courthouse, including wait time and trial preparation time, including interview time, investigating time and research time; (x) the total amount of counsel fees paid to the committee by clients for services rendered, delineated by type of case and courthouse; (y) the total amount of indigent but able to contribute fees paid to the committee by clients for services rendered, delineated by type of case and courthouse; provided further, that this data shall be provided in a cumulative manner and compared with data from the current quarter to the previous 3 quarters; provided further, that the committee, in conjunction with the division of capital asset management and maintenance, shall provide a report to the house and senate committees on ways and means on November 1, 2012 that shall include: (1) the office spaces leased for committee staff and for use by public defenders on June 30, 2011 by address, square footage, cost per square foot and the number of full-time employees; (2) the office spaces leased for committee staff and for use by public defenders on September 14, 2012 by address, square footage, cost per square foot and number of full-time employees; and (3) the projected additional office space needs for committee staff and for use by public defenders; and provided further, that the committee shall provide full cooperation to the evaluator selected though item 1599-1300 and shall make available to the evaluator any information and data needed to assist with the requirements of the item
45,129,781
0321-1510 Private Counsel Compensation
For compensation paid to private counsel assigned to criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 11 of said chapter 211D; provided, that not more than $6,100,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2013
98,906,090
0321-1520 Indigent Persons Fees and Court Costs
For fees and costs as defined in section 27A of chapter 261 of the General Laws, as ordered by a justice of the appeals court or a justice of a department of the trial court on behalf of indigent persons, as defined in said section 27A of said chapter 261; provided, that not more than $1,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2013
9,010,351

account description amount
Retained Revenues
0321-1518 Indigent Counsel Fees Retained Revenue
For the chief counsel for the committee for public counsel services which may expend an amount not to exceed $8,900,000 from revenues collected from fees charged for attorney representation of indigent clients; provided, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the committee may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system
8,900,000

account description amount
Federal Grant Spending 150,000
0320-1800 Wrongful Conviction Unit Program
For the purposes of a federally funded grant entitled, Wrongful Conviction Unit Program
150,000

account description amount