-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
 
Law Office of Lisa A. Modecker
26 Cummins Hwy.
Suite 1
Roslindale, MA 02131
 
April 2011

Dear Colleagues & Friends,
 
I am writing to you as an Attorney, Small business owner, and as a friend to seek your support in funding for the Committee for Public Counsel Services (CPCS) administration and private attorneys. As an Attorney located in Ward 19 I have dedicated over 12 years to representing the indigent, Attorney’s like myself are often the only voice many of our clients have and because of this our area of law the work and that we do is more of a calling than any other area of law as we represent those families who are the most vulnerable and in need. Unfortunately many of those who we serve are minorities, battered women, children, disabled and all are poor.
 
In order to continue to do the important work that the private counsel system does for those in need, I urge your support for three amendments to the FY 2012 State Budget critical to the private counsel system.  Although we are grateful to House leaders for rejecting Governor Patrick's proposal to eliminate the use of all private counsel and replace them with 1,000 public defenders, the budget recommended by the House Committee on Ways and Means (H. 3400) is still troubling in several respects.

First, the budget would amend G.L. c. 211D, §11 by establishing a new statutory maximum limit of 1,400 hours, as the number of hours an attorney could bill CPCS in a fiscal year. It would also amend the current statutory prohibition on an attorney accepting any new appointments after he or she has billed 1,400 hours, by lowering that cap to 1,200 hours.

Second, it would increase funding for the Public Counsel Division above current levels by more than $13 million.  The budget assumes CPCS will use approximately $6.5 million of that appropriation to hire an additional 200 public defenders.

Third, it would reduce funding for the Private Counsel Division by more than $24 million below current levels.  Such a drastic cut in this account will surely lead to a crisis in the Commonwealth's criminal justice system, not long after the start of the new fiscal year. 

The following amendments, strongly supported and lobbied by MACAA/CPCS, will preserve and strengthen the indigent defense system in the Commonwealth by addressing the concerns outlined above.

1. Amendment No. 275, sponsored by Rep. Angelo Scaccia (D-Boston).  This amendment would strike the language (Section 64) to establish a new statutory maximum limit on the number of hours an attorney could bill CPCS of 1,400, as well as striking the proposed change to the current prohibition on an attorney accepting any new appointments after he or she has billed 1,400 hours, to 1,200 hours.

2. Amendment No. 509, sponsored by Rep. Sheila Harrington (R-Groton).  This amendment would reduce the appropriation for the Public Counsel Division (Item 0321-1500) from $45,304,8906 to $32,255,081.

3. Amendment No. 636, sponsored by Rep. Sheila Harrington (R-Groton).  This amendment would increase the appropriation for the Private Counsel Division (Item 0321-1510) from $93,255,462 to $117,506,173.

The budget debate will begin on Monday and is expected to last several days. That is why I am asking for you to contact your Legislators in both the House & the Senate and to also assist me in forwarding this request to your contacts.   
 
Thank you for your prompt attention to this very important and time sensitive matter.
 
Lisa A. Modecker
Attorney at Law