Massachusetts law about the right to legal counsel

Laws, regulations, case law, and web sources on the right to legal counsel and court-appointed lawyers for criminal and non-criminal cases.

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Constitutional law

U.S. Constitution: Articles of Amendment Article VI

Massachusetts Constitution: Declaration of Rights Article XII

Massachusetts laws

MGL c. 6, §§ 178L and 178M Classification of sex offenders; appeals

MGL c. 19C, §§ 7 and 20 Lack of capacity to consent to investigations alleging abuse of an elder; disabled person

MGL c. 111, §§ 94C and 94G Commitment to tuberculosis treatment center; petition for release

MGL c. 112, § 12R Judicial consent for abortion by minor under age 16

MGL c. 119, §§ 29-29B Termination of parental rights; permanency hearing

MGL c. 119, § 39F Child requiring assistance (CRA)

MGL c. 120, § 18 Extension of commitment to Department of Youth Services

MGL c. 123 Civil commitment by reasons of mental illness; alcohol or substance disorder; appeals

• MGL c. 123, §§ 12 and 14 Commitment of sexually dangerous person

MGL c. 190B, § 5-106 Guardianship of incapacitated adult, or minor child

MGL c. 190B, §§ 5-212 and 5-311 Removal or resignation of guardian of a ward; incapacitated adult

MGL c. 190B, § 5-306A ”Rogers” guardianship

MGL c. 208, § 15 Mentally ill defendant of divorce action

MGL c. 208, § 16 Investigation of divorce case

MGL c. 209C, § 7 Contested proceedings establishing parentage, custody or visitation

MGL c. 210, § 3 Termination of parental rights; adoption

MGL c. 211D Committee for Public Counsel Services

MGL c. 261, §§ 27A-27G Determination of indigency

MGL c. 277, § 70C Treatment of violation of ordinance, by-law or misdemeanor offense as a civil infraction

MGL c. 280, § 3 Recovery of fines, forfeitures or penalties

Court rules and standards

Supreme Judicial Court Rule 1:07: Fee generating appointments and the maintenance of appointment dockets in all courts 

Supreme Judicial Court Rule 3:10: Assignment of counsel 

Uniform Rules for Civil Commitment Proceedings for Alcohol and Substance Use Disorders Rule 4: Appointment of counsel 

Criminal Procedure 

Massachusetts Rules of Criminal Procedure Rule 8: Assignment of counsel

Massachusetts Rules of Criminal Procedure Rule 33: Counsel for defendants indigent or indigent but able to contribute

Massachusetts Superior Court Rule 53: Assignment of counsel

Probate and Family Court

Supplemental Probate and Family Court Rule 29D: Notice regarding appointment of counsel 

Supplemental Probate and Family Court Rule 402: Assignment of counsel 

Juvenile Court 

Massachusetts Juvenile Court Rules for the Care and Protection of Children Rule 4: Appointment of counsel 

Massachusetts Juvenile Court Standing Order 1-18: Notification requirements and counsel appointment procedures for permanency hearings held pursuant to G.L. c. 119, § 29B and Trial Court Rule VI, Uniform Permanency Hearings 

Uniform Rules for Permanency Hearings Rule 7: Counsel 

Forms

Guardianship

Application for appointment of counsel for parent of minor child (Guardianship of minor)

Request for counsel

Selected cases

A collection of selected Massachusetts and federal court cases on the topic of the right to legal counsel.

Web sources

50 years after Gideon: Moving towards a civil right to counsel by Barbara Mitchell, Massachusetts Bar Association. 

Assigned counsel manual, Committee for Public Counsel Services. 
CPCS’s manual consisting of policies, procedures, and performance standards of representation.  

Major developments: Massachusetts, National Coalition for a Civil Right to Counsel. 
Provides updates to Massachusetts statutory and case law related to civil proceedings and a right to counsel.  

Massachusetts criminal practice: Chapter 8. The right to counsel by Eric D. Blumenson, 4^th ed., 2012. 
Full-text available via Suffolk University Law School.

Print sources

CPCS mental health proceedings in Massachusetts: A manual for defense counsel, 7^th ed., MCLE, 2020.

CPCS: Training manual for criminal defense, MCLE, 2010 edition.

Criminal practice & procedure, 4^th ed. (Mass Practice v. 30-30B), Thomson Reuters, 2014 with supplement.
Chapter 20: Rule 8 – Assignment of Counsel.

Guardianship and conservatorship in Massachusetts, 3^rd ed., LexisNexis, 2012 with supplements. (eBook available with library card)

Guardianship and conservatorship practice in Massachusetts, 7^th ed., MCLE, 2023.

Last updated:	December 16, 2025