Massachusetts General Laws

Mass. Gen. Laws ch. 211D, § 2 (2026)

Indigency; definition, standards and procedures for determination

✓ current as of July 2026

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Section 2. The committee for public counsel services shall establish a definition of ''indigency'' for the purposes of this chapter and uniform standards and procedures for the determination by the courts of the commonwealth that: (1) a person is indigent and is unable to obtain counsel or (2) a person is indigent, but has the ability to pay a reduced fee for the appointment of counsel. The definition and standards, and any amendments thereto, shall be subject to the approval of the supreme judicial court and shall be used by the courts of the commonwealth in determining assignment of cases to the committee pursuant to section 5. In the formulation of the definition, standards and procedures, the committee shall utilize: (1) the reporting system operated by the commissioner of transitional assistance for the purpose of verifying financial eligibility of participants in state or federally funded programs; (2) the accessibility of income data available from the department of revenue; and (3) verifying material assets through the registry of motor vehicles.

Notes of Decisions

Cited in 10 cases, 2004–2018 · leading case: Commonwealth v. Porter, 971 N.E.2d 291 (Mass. 2012).

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Commonwealth v. Porter, 971 N.E.2d 291 (Mass. 2012). · cites it 3× “261, § 27B, and was interviewed by the probation department, see G. L. c. 211D, § 2 lh (a). 3 The defendant initially was appointed counsel on the mistaken belief that she received supplemental security income.”

Doe, Sex Offender Registry Bd. No. 3844 v. Sex Offender Registry Bd., 857 N.E.2d 485 (Mass. 2006). “The court shall, if requested, appoint counsel to represent the sex offender in the proceedings if such offender is deemed indigent in accordance with [G. L. c. 211D, § 2].” *773 Procedural and factual background.”

Commonwealth v. Fico, 971 N.E.2d 275 (Mass. 2012). · cites it 4× “G. L. c. 211D, § 2, inserted by St. 1983, c.”

Commonwealth v. Matranga, 914 N.E.2d 17 (Mass. 2009). · cites it 2× “G. L. c. 211D, § 2. CPCS is authorized to contract with expert witnesses, G.”

Commonwealth v. Poissant, 823 N.E.2d 350 (Mass. 2005). “If the person named in the petition is indigent under [G. L. c. 211D, § 2], the court shall, upon such person’s request, determine whether the expert or professional services are necessary and shall determine reasonable compensation for such services.”

Commonwealth v. Godwin, 804 N.E.2d 940 (Mass. App. Ct. 2004). “” In turn, G. L. c. 211D, § 2, as inserted by St. 1983, c.”

Deputy Chief Couns. for the Pub. Def. Div. of the Comm. for Pub. Couns. Servs. v. Acting First Just. of the Lowell Div. of the Dist. Court Dep't, 74 N.E.3d 1250 (Mass. 2017). “G. L. c. 211D, § 2. For the beneht of those defendants qualifying for the appointment of counsel, CPCS is charged with the duty to oversee the “training, qualihcation and removal of counsel” who accept appointments as counsel for indigent defendants.”

Commonwealth v. Galazka, 997 N.E.2d 453 (Mass. App. Ct. 2013). “1306 (1993), and qualifies for appointed counsel pursuant to G. L. c. 211D, § 2 lh (now § 2A, see St. 2011, c.”

Commonwealth v. Mortimer, 971 N.E.2d 283 (Mass. 2012). “G. L. c. 211D, § 2. Supreme Judicial Court Rule 3:10 provides further definition to these categories.”

Commonwealth v. Shanoski, 103 N.E.3d 767 (Mass. App. Ct. 2018). “See G. L. c. 211D, § 2 1/2, as amended by St.”

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