94-649 C.M.R. ch. 4, § 5 - APPLICATION

A. Applicable Caseload Limit:

i. All attorneys accepting assignments to represent consumers of public defense services are required to annually certify to the Commission approximately what portion of their annual working hours are dedicated to assigned cases.

ii. All attorneys who are eligible to accept case assignments on the effective date of this rule must submit their first certification not later than 30 calendar days after the effective date of this rule and by July 15^th of that year and every year thereafter, as outlined below.

iii. Attorneys who apply to accept Commission cases will be required to submit this certification prior to receiving case assignments.

iv. Attorneys who renew their eligibility to accept Commission cases must, at the time of the submission of their renewal application, submit a new certification of approximately what portion of their annual working hours are dedicated to assigned cases. This certification must be submitted to the Commission no later than July 15^th of each year.

v. After a certification is submitted, the attorney's Maximum Active Caseload Limit will be set in the Commission's information management system.

vi. If an attorney's workload percentage changes significantly prior to the annual certification, the attorney can adjust their Maximum Active Caseload Limit. Eligible attorneys who are under the Maximum Active Caseload Limit will always have the ability to opt out of case types and courts to reduce the number of new assignments they receive.

vii. This certification must be completed on the form provided by the Commission.

viii. Failure to complete the certification as required will result in suspension from all rosters until the certification has been completed to the satisfaction of the Executive Director.

ix. Suspected falsification of a certification will result in the initiation of a Commission investigation.

x. An attorney may set their workload percentage to lower than the actual number but may not set it higher than the actual number. For example, if 75% of an attorney's workload is dedicated to assigned cases, they may set their percentage to a number lower than 75% but may not set it to a number higher than 75%.

B. Case Entry & Closing:

i. Counsel are responsible for ensuring that all cases are opened in the Commission's case management system within 7 calendar days of receiving notice of assignment in any form, and that cases are closed in the Commission's case management system within 7 days of the completion of work on the file.

Notes

94-649 C.M.R. ch. 4, § 5