| TO: |
Chief Justice
Armstrong
Chief Justice Dortch-Okara
Chief Justice DelVecchio
Chief Justice Dunphy
Chief Justice Grace
Chief Justice Kyriakakis
Chief Justice Scheier
Chief Justice Zoll
Acting Chief Justice Johnson
|
| FROM: |
Chief Justice Marshall
|
| DATE: |
March 25, 2003
|
| RE: |
Affidavit of Indigency
and Related Forms |
Pursuant
to G. L. c. 261, § 27B, I hereby prescribe the enclosed
forms for requesting waiver, substitution or payment
by the Commonwealth of fees and costs. Effective on Monday,
May 5, 2003, these forms supersede the affidavit of indigency
forms currently in use.
Enclosed
are the following: 
1) Affidavit
of Indigency
2) Supplement
to Affidavit of Indigency
3) Court's
Determination Regarding Fees and Costs
4) Inmate's
Affidavit of Indigency
5) Request
for Payment to be Withdrawn from Inmate's Account
6) Order
to Commissioner of Correction or County Sheriff to Provide
Inmate Account Information
7) Instructions
for Users
8) Instruction
to Courts
Note
that the inmate forms, pursuant to G. L. c. 261, § 29,
and instructions are new. The confidentiality provisions
have been revised to provide that the financial information
in the affidavit of indigency shall not, except by special
order of the court, be disclosed to anyone other than authorized
court personnel, the applicant, the applicant's counsel or
anyone authorized in writing by the applicant.
Under
the decision in Underwood v. Appeals
Court, 429 Mass. 1017 (1998), the court may order
payment of partial fees in appropriate cases. However, consistent
with the procedure in G. L. c. 261, §§27C(2) and (3), a determination
to order partial payment should be made only by a judge.
See "Instructions to Courts."
If
an applicant checks (B) on the affidavit of indigency, he or
she need only provide the information requested in (B) without
any need to fill out the supplement to the affidavit of indigency.
This procedure is the same as on the current affidavit.
Note
that G. L. c. 261, § 27A refers to public assistance
under aid to families with dependent children, the emergency
aid for elder and disabled residents or veterans' benefits
programs, or assistance under Title XVI of the Social Security
Act or the medicaid program, 42 USC 1396, et seq . The
terminology on the form has been changed to reflect current
programs. G. L. c. 261, § 27A
refers to the current poverty threshold annually established
by the Community Services Administration pursuant to § 625
of the Economic Opportunity Act. Since 1981, the annual update
of the poverty income guidelines, formerly issued by the Community
Services Administration, has been issued by the Department
of Health and Human Services. See Annual Update of the Poverty
Income Guidelines, Vol. 68, No. 26 Fed. Reg. 6456 (February
7, 2003).
Please
distribute these forms to all clerks, registers or recorders
in your court so that they are ready to begin using them on May
5, 2003.
