Section 6 Public defender and private counsel divisions; duties
Section 6. In carrying out its duties as prescribed in section five, the committee shall:
(a) Utilize its staff of attorneys, which shall be known hereafter as the “public defender division”. Said division shall include a unit to be known as the Roxbury defenders unit, which shall represent clients as assigned pursuant to this chapter in the Roxbury division of the district court department. Said division shall also include a unit to be known as the youth advocacy project. Said division shall be assigned to represent indigent defendants in all criminal cases, except that:
(i) said division shall not be assigned to represent more than one defendant in any matter before any court on the same case or arising out of the same incident;
(ii) said division shall not be assigned to represent a defendant in any case in which there is a conflict of interest with any of its clients;
(iii) said division shall not be assigned to a case where a person is before the probate and family court department or the housing court department for criminal contempt or in such other proceeding in said departments in which such person is entitled to be represented by counsel;
(iv) said division shall not be assigned to represent any child alleged to be delinquent, except in such cases which may result in exposure to adult incarceration or commitment to the department of youth services until the age of twenty-one, and except in cases charging delinquency by conduct which would be punishable by imprisonment in the state prison if committed by an adult and except in the Boston and Bristol county divisions of the juvenile court department or in the Roxbury division of the district court department. Private counsel who have been certified to accept assignments in such cases shall also be eligible to provide representation to persons thus charged;
(v) said division shall not be assigned to represent any person charged with a misdemeanor unless said misdemeanor is in conjunction with a felony charge for which said division has been assigned;
(vi) notwithstanding any special or general law to the contrary, the division shall be assigned in any civil or criminal matter described in paragraph (b) where the chief counsel determines in writing that insufficient numbers of qualified attorneys are available for assignment by the private counsel division in courts located in Hampden, Hampshire, Franklin or Berkshire counties.
(b) Establish, supervise, and maintain a system for the appointment of private counsel, hereafter called the private counsel division which shall include a children and family law program and a mental health unit. The committee shall enter into contractual agreements with any state, county or local bar association or voluntary charitable group, corporation or association, including bar advocate groups, for the purpose of providing such counsel. Said committee may also contract with such other organized groups of attorneys as may be formed to afford representation to indigent defendants and may appoint and compensate private attorneys, on a case-by-case basis, as counsel for indigents entitled to representation. Neither individuals nor members nor participants in any group, corporation or association with whom the committee may contract under this paragraph shall be considered to be or have any rights as state employees.
(i) Said division shall be assigned for all persons accused of crimes entitled to counsel who, through their inability to pay for counsel, must have counsel appointed to them, but who, pursuant to the provisions of subparagraph (a) of this section are not to be represented by the public counsel division.
(ii) Said division shall be assigned to represent a person who is before the probate and family court department or the housing court department in a criminal contempt proceeding or in such other proceeding in said departments in which a person is entitled to be represented by counsel.
(iii) Said division shall also be assigned to represent persons in such other proceedings as the chief counsel shall determine to be necessary.