By Mr. Vallee of Franklin, petition (accompanied by bill, House, No. 1753) of James E. Vallee relative to the appointment and assignment of counsels for indigent defendants by the Committee for Public Counsel Services.  The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

James E. Vallee

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In the Year Two Thousand and Seven.

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An Act relative to the committee for public counsel services.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Section 4 of chapter 211D of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence.

SECTION 2.  Section 5 of said chapter 211D, as so appearing, is hereby amended by striking the first sentence and inserting in place thereof the foregoing sentence:- Said committee shall establish, supervise and maintain a system for the appointment or assignment of counsel at any stage of a proceeding, criminal in nature, provided, however, that the laws of the commonwealth or the rules of the supreme judicial court require that a person in such proceeding be represented by counsel; and, provided further, that such person is unable to obtain counsel by reason of his indigency.

SECTION 3.  Section 6 of said chapter 211D, as so appearing, is hereby amended by inserting after the word “necessary”, in line 58, the following words:- as long as it does not conflict with the law.

SECTION 4.           Section 9 of said chapter 211D, as so appearing, is hereby amended by striking out, in line 5, the words “whenever possible”. 

SECTION 5.  Said section 9 of said chapter 211D, as so appearing, is hereby amended by striking out clause (d).

SECTION 6.  Section 13 of said chapter 211D, as so appearing, is hereby amended by inserting after the word “committee” in line 4, the following words:- ; provided, however, that  the duties do not conflict with the law.

SECTION 7.  Section 14 of said chapter 211D, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The public counsel division, except in cases of conflict of interest, shall represent indigent defendants.

SECTION 8.  Section 16 of said chapter 211D, as so appearing, is hereby amended by adding the following two sentences:-  Counsel shall not participate in any other proceeding, unless said proceeding originates from the indigent defendant’s case.  Counsel shall not solicit plaintiffs, in particular in actions where the commonwealth is a defendant.