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
Forms
Guardianship
Application for appointment of counsel for parent of minor child (Guardianship of minor)
Selected cases
Guardianship of V.V., 470 Mass. 590 (2015)
“[A] parent whose minor child is the subject of a guardianship proceeding pursuant to G. L. c. 190B, § 5-206, and who cannot afford counsel has a right to have counsel appointed and to be so informed.”
Guardianship of Zaltman, 65 Mass. App. Ct. 678 (2006)
“[W]ard is entitled to an evidentiary hearing to determine whether she has the capacity to retain counsel for … petition under G. L. c. 201, §§ 13 and 13A, seeking to discharge her guardianship and remove her guardian … [I]f it is determined that she does not have such capacity, new, independent counsel must be appointed to represent her zealously in those statutory proceedings.”
In re Adoption of Meaghan, 461 Mass. 1006 (2012)
“[D]ue process and equal protection principles require the appointment of counsel in … proceedings to terminate parental rights … initiated … by the would-be adopted parents.”
L.B. v. Chief Justice of the Probate and Family Court Department, 474 Mass. 231 (2016)
“[A]n indigent parent who petitions to modify the terms of a guardianship by seeking a substantial change in the provisions for visitation is entitled as a matter of due process to counsel, and to be informed of this right, provided the parent presents a meritorious claim.”
Peace v. Peace, 362 Mass. 536 (1972)
In a complaint for divorce, “the Probate Court shall consider the appointment of counsel for the libellee if the latter so desires and is indigent.” However, see Genninger v. Genninger, 418 Mass. 732 (1994) where, “[u]nlike the interest of parents in maintaining the custody of their children, property rights have not been deemed fundamental,” to assignment of counsel in a divorce action.
Turner v. Rogers, 564 U.S. 431 (2011)
“The Fourteenth Amendment's Due Process Clause does not automatically require the State to provide counsel at civil contempt proceedings to an indigent noncustodial parent who is subject to a child support order, even if that individual faces incarceration.”
Criminal
Commonwealth v. Britto, 433 Mass. 596 (2001)
“The Sixth Amendment guarantees the right to effective assistance of counsel, but … it does not guarantee the right to any particular court-appointed counsel.”
Commonwealth v. Means, 454 Mass. 81 (2009)
“[W]ith the constitutionally guaranteed right to assistance of counsel in a criminal case, a defendant may be held to have forfeited his right to counsel at trial by reason of his wrongful behavior, but only after a hearing…”
Commonwealth v. Tuitt, 393 Mass. 801 (1985)
“[I]f a defendant does effectively elect to proceed pro se, he cannot later ‘turn about and urge that he was improperly denied counsel.’ … Because this defendant clearly and unequivocally refused to waive his right to counsel, he is not entitled to exercise his right to represent himself.”
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, 4th ed., 2012.
Full-text available via Suffolk University Law School.
Print sources
CPCS mental health proceedings in Massachusetts: A manual for defense counsel, 7th ed., MCLE, 2020.
CPCS: Training manual for criminal defense, MCLE, 2010 edition.
Criminal practice & procedure, 4th ed. (Mass Practice v. 30-30B), Thomson Reuters, 2014 with supplement.
Chapter 20: Rule 8 – Assignment of Counsel.
Guardianship and conservatorship in Massachusetts, 3rd ed., LexisNexis, 2012 with supplements. (eBook available with library card)
Guardianship and conservatorship practice in Massachusetts, 7th ed., MCLE, 2023.
Contact
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| Last updated: | November 26, 2025 |
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