Training Department

Welcome to the CPCS Training Portal

The Training Department provides high quality training to all staff and private assigned counsel. The Training Department, led by the Training Chief, includes the Forensic Services Unit, as well as four practice area Training Units – Criminal Defense, Children and Family Law, Youth Advocacy, and Mental Health Litigation. The Training Department also leads multiple cross- practice area working groups chaired and staffed by Training Department personnel. These working groups provide training in areas common to all CPCS practitioners.

Substantive Training

Training on substantive matters is provided by the CPCS Training Department within four practice areas.  Criminal Defense Training focuses on adult criminal matters; CAFL Training addresses children and family law matters; YAD Training concentrates on juvenile delinquency, youthful offender and juvenile life without parole matters; Mental Health Litigation Training provides training on commitment and guardianship matters; the Immigration Impact Unit focuses on the potential immigration consequences of criminal convictions; the Alternative Commitment and Registration Support Unit provides training on Sexual Offender Registry (SORB) and Sexually Dangerous Person (SDP) matters; the Private Counsel Post Conviction Unit addresses criminal appellate matters; the EdLaw Project provides instruction on school issues; the CPCS Innocence Program concentrates on forensic and new trial issues; the Revocation Advocacy Panel trains attorneys representing juveniles committed to the Department of Youth Service who are facing a return to custody as a result of the revocation of their Grants of Conditional Liberty; the Forensic Services Unit provides training on forensic issues.

Course Catalog

Trainings listed in the catalog are subject to change, if you note any discrepancies, please refer to the online calendar for the most up to date information.

If you have any questions, please direct them to cpcs_training@publiccounsel.net.

Download the catalog

Courses Qualifying for CLE Credit

Private attorneys certified to represent CPCS clients are required to earn continuing legal education (CLE) credits to maintain certification. CPCS offers many training programs free of charge, please check our course catalog or training calendar for offerings.  Additionally, CPCS grants CLE credits for many programs conducted by  MCLE, the Social Law Library, the Boston Bar Association, the Massachusetts Bar Association, as well as many other organizations.

How to Obtain CPCS CLE Credit Approval for Offered Course

If you would like CPCS to grant CLE credits for a course you intend to offer, please contact Levi Phillips, lphillips@publiccounsel.net.

Note that in many cases CPCS will approve a course for CLE credits for more than one panel.

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How to Become Certified to Represent CPCS Clients

If you are an attorney and wish to accept appointments of CPCS cases, you must first be certified by CPCS in the area(s) in which you seek to practice.  CPCS certifies attorneys to accept cases in the following areas:

Attorneys who wish to accept misdemeanors and concurrent felonies in the District Court or assignments of Juvenile Delinquency cases must complete a two-step process; after obtaining approval as a state vendor through the CPCS Private Counsel Payment Unit.

(1) apply for and gain admission into a county bar advocate program
(2) complete a required training program.

For further information on becoming a bar advocate, contact the program in counties in which you wish to practice. No attorney may be a member of more than two bar advocate programs. A directory of these programs is included on page 17.

Training Requirements:

The training requirement is satisfied by attendance at a five-day seminar, Zealous Advocacy in the District Court. The course combines previous training programs covering district court and juvenile delinquency cases. To receive an application please call the CPCS Training Unit at (617) 210-1350 or MCLE at (617) 350-7006. The program is administered through Massachusetts Continuing Legal Education (MCLE). Applications are in the MCLE course catalog (617) 350-7006.

Certification:

Attorneys who complete the training requirement are certified to represent indigent adults who are charged with misdemeanors and felonies that are within the final jurisdiction of the District Court as set forth in G.L.. c.218, §26. In order to handle probable cause hearings in the District Court or matters (other than arraignment and bail hearing) on Superior Court jurisdiction felonies, attorneys must be certified for Superior Court cases.

Assignment of Cases

District Court cases are assigned through the county bar advocate programs.

Performance Requirements:

Attorneys who accept District Court cases, must represent their clients at all stages of the criminal proceedings in the District Court and District Court Jury of Six Session. In the event of a final conviction in the District Court Jury session, it is the responsibility of the trial attorney to file a Notice of Appeal, a Motion to Withdraw, a Motion to Appoint Substitute Counsel and to notify CPCS of the need for appellate counsel to be assigned.

By accepting District Court case assignments attorneys agree to abide by the CPCS Performance Guidelines Governing Representation of Indigents in Criminal Cases. A copy of the Guidelines is provided at the District Court Bar Advocate Training Program or may be obtained from the CPCS Training Unit and is included in the Manual for Assigned Counsel.

To be certified to accept Superior Court cases (that is, any charge beyond the final jurisdiction of the District Court as set out in G.L. c.218, §26) attorneys must be individually approved by the Chief Counsel of CPCS.

Attorneys who seek to obtain approval of the Chief Counsel must meet the minimum requirements set forth below.  In addition, the Chief Counsel may consider all additional information deemed relevant to an appropriate decision on each application. Please see the Superior Court-Murder List Application.

Training Requirement: None (No training prerequisite for initial certification. 8 hours per fiscal year CLE requirement for re-certification).

Minimum Requirements:

  1. Applicants who meet the criteria described in any one of the following categories are eligible to apply to the chief counsel for approval for Superior Court cases.
  2. Meet the minimum requirements for certification in murder cases (see p. 1); OR
  3. Have tried at least six jury of Six or Superior Court criminal jury trials to verdict in the last six years as lead defense counsel; OR
  4. Have other significant experience including substantial criminal jury trial experience that demonstrates one is qualified to accept Superior Court assignments and demonstrates familiarity with the practice and procedures in the Massachusetts criminal courts.

Application Procedure:

The applicant should submit a letter and the application form (on pages 3 and 4) to the CPCS Chief Counsel explaining in detail why s/he meets each of the requirements listed above.

Applicants should fully describe the cases which meet requirements, giving the names of the cases, indictment numbers and charges, names of judges and prosecutors, dates of trial, and a short statement of each case which includes a description of the major issues, as well as the names and addresses of 3 criminal defense practitioners familiar with applicant’s work.  The letter and attachments should be sent to:

crimrecertification@publiccounsel.net

The applicant will be notified when a decision has been made.

Assignment of Cases:

Superior Court certified attorneys may be assigned Superior Court jurisdiction cases in District Court as bar advocates or may receive assignments from bar advocate programs immediately after arraignments handed by bar advocate duty attorneys who are not Superior Court certified, Superior Court certified attorneys may also be assigned cases in Superior Court after direct indictment.

Performance Requirements:

Attorneys who accept Superior Court cases must represent their clients at all stages of the criminal proceedings except the appeal of a conviction to the Appeals Court or Supreme Judicial Court. In the event of a conviction however, it remains the responsibility of the trial attorney to file a Notice of Appeal, a Motion to Withdraw, a Motion to Appoint Substitute Counsel and to notify CPCS of the need for appellate counsel to be assigned.

In addition to representing the client in Superior Court, the attorney who accepts a Superior Court case must provide representation at the probable cause hearing or other District Court proceedings and any sentence appeal before the Appellate Division of the Superior Court.

By accepting assignments on Superior Court cases, attorneys agree to abide by the CPCS Performance Guidelines Governing Representation of Indigents in Criminal Cases. A copy of the Guidelines may be obtained from the Training Unit. The Guidelines may also be found in the Assigned Counsel Manual.

Superior-Court_Application

FIRST AND SECOND-DEGREE MURDER CASES

Attorneys who wish to be certified to accept first and second-degree murder cases must be individually approved by the Chief Counsel of CPCS. Each applicant must meet the minimum requirements set forth below. In addition, the Chief Counsel may consider any and all additional information that s/he deems relevant to an appropriate decision on each application. Please see the Application for Criminal Case Assignments on pages 3 and 4.

Training Requirement: None (No training prerequisite for initial certification. 8 hours per fiscal year CLE requirement for recertification)

Minimum Requirements:
1. Five years of criminal litigation experience.
2. Familiarity with practice and procedure of Massachusetts criminal courts.
3. Lead counsel in at least ten jury trials of serious and complex cases within the past 5 years, at least five of which have been life felony indictments, in which the cases resulted in a verdict, decision or hung jury.
4. Familiarity with and experience in the utilization of expert witnesses, including psychiatric and forensic evidence.
5. Attendance at specialized training programs (such as MCLE or bar association criminal practice programs, National Institute for Trial Advocacy, National Criminal Defense College).

Application Procedure:
The applicant should submit a letter and the Application for Criminal Case Assignments (PDF) found by going back 1 page on this website to the CPCS Chief Counsel explaining in detail why s/he meets each of the requirements listed above.

A list of cases which meet requirement (3) above must be included, giving the name of the case, indictment numbers and charges, names of judges and prosecutors, dates of trial, and a short statement of each case which includes a description of the major issues. Specific cases describing the applicant’s utilization of expert witnesses should be included. In addition, the applicant should submit the names, dates, and sponsors of training programs which meet requirement (5) above, as well as the names and addresses of 3 criminal defense practitioners familiar with applicant’s work. The letter and attachments should be sent to:

CPCS Chief Counsel
44 Bromfield Street
Boston, MA 02108
Attn: Certification Coordinator for Criminal Cases

The Chief Counsel will notify the applicant when a decision has been made.

Assignment of Cases:
Under the provisions of c.211D, §8, the Chief Counsel will assign murder cases to attorneys certified to handle cases, subject to the approval of the justice making the determination of indigency. Attorneys certified for murder case assignments are certified as well for Superior Court and District Court criminal cases, which are assigned through the county Bar Advocate program.

Performance Requirements:
Attorneys who accept first and second-degree murder cases must represent their clients at all stages of the criminal proceedings except the appeal of a conviction to the Appeals Court or Supreme Judicial Court. In the event of a conviction, however, it remains the responsibility of the trial attorney to file a Notice of Appeal, Motion to Withdraw, a Motion to Appoint Substitute Counsel and to request CPCS to assign successor counsel for the appeal.

In addition to representing the client in Superior Court, the attorney who accepts a murder assignment must provide representation at the District Court arraignment and probable cause hearing and at any sentence appeal before the Appellate Division of the Superior Court.

By accepting assignments on murder cases, attorneys agree to abide by the CPCS Performance Guidelines Governing Representation of Indigents in Criminal Cases. A copy of the Guidelines may be obtained from the Training Unit. The Guidelines may also be found in the Assigned Counsel Manual.

Superior Court – Murder List Application (PDF)

The Private Counsel Division Criminal Appeals & Post-Conviction Unit assigns attorneys to Adult, Criminal, Appeals & Post-Conviction cases and oversees panel attorneys who litigate these cases.

Unit Personnel & Office Information

Resources for panel attorneys

CASE ASSIGNMENTS:

Direct Appeals:

We assign attorneys to litigate direct appeals of adult criminal convictions or  findings of a violation of probation to the Massachusetts Appeals Court and the Supreme Judicial Court    We are alerted to the need for the assignment of a direct appeal lawyer when the trial attorney emails the Criminal Appeal Referral Form. This form can be found here or on the CPCS website homepage in the “Attorney and Vendor Resources” drop down menu.  If the client had retained a private attorney for their appeal, the privately-retained attorney should contact our office to alert us to the need for the assignment of counsel.

Interlocutory Appeals:

An interlocutory appeal occurs when a trial-level criminal defense attorney or prosecutor appeals an issue while a criminal case is still pending in the trial court.  The appointed trial attorney is responsible for filing a motion requesting that an appellate court hear the appeal or for opposing such a motion filed by the Commonwealth. If the Court agrees to hear the motion and refers the case to an appellate court for full briefing, then the trial attorney should notify out unit by filling out the Criminal Appeal Referral Form and we will assign an appellate attorney to the case.

Screening Cases:

We also assign attorneys to “screen” a closed case.  In these cases, a client has been convicted either after a trial or a plea. We may assign an attorney to review the closed case to determine whether there are grounds to undo the conviction.  Many people call our unit asking for assignment of screening attorneys.   We have specific criteria that must be met prior to assigning screening attorneys and Attorney Kate O’Connell in our office reviews these requests.  These requests must be in writing unless the client is unable to communicate by writing due to literacy or disability issues.

Our request for counsel forms have been translated into several languages and are listed below.

New Trial Motions:

In some cases a direct appellate attorney or a screening attorney may be authorized to file a new trial motion in the trial court.  A new trial motion under Mass. R. Crim P. 30 is considered a post-conviction motion and should be assigned through our office.

Specialized Panels:

Immigration cases:

For screening cases that involve immigration consequences, we assign only those attorneys on our panel who have received training in litigating these types of motions.

“Special Projects” cases

The Special Projects Unit is part of the Private Counsel Division Criminal Appeals Unit.  This unit assigns cases to criminal post-conviction clients when there have been developments in the law that have a widespread impact on CPCS post-conviction clients and may provide grounds for undoing a conviction.  For many of these types of assignments the Special Projects Unit has set up a specialized assignment and inquiry procedure.  Current projects and contacts for the projects are as follows:

Hinton Drug Lab cases:

Please call the message line at 888-999-2881 and leave a detailed message or go to Drug Lab Litigation and complete the form on that page.

Breathalyzer cases:

Please call the message line at 617-910-5856 and leave a detailed message or go to Breathalyzer Cases and complete the form on that page

GPS cases:

Please call the message line at 617-910-5850 and leave a detailed message or go to GPS Monitoring and complete the form on that page.

Other Post-Conviction Assignments:

In limited cases a post-conviction attorney may be authorized to file a Federal Habeas petition in the federal district court or a writ of certiorari to the United States Supreme Court.

A post-conviction attorney may also file a motion to revise and revoke a sentence within 60 days of the appellate court confirming a conviction.   (Note: Trial attorneys, not post-conviction attorneys, are responsible for filing a motion to revise and revoke and for litigating a sentencing appeal to the appellate division of the Superior Court after a conviction in the trial court.  Only in limited circumstances may a post-conviction attorney handle this for a current client.)

Finally, post-conviction attorney may be assigned when an incarcerated individual’s mittimus does not accurately reflect the sentence imposed in court or does not accurately credit the individual with jail credit.  Please note, we do not assign attorneys when an incarcerated person believe that they have not been properly credited with good time or other institutional credits.

Indigency Determinations:

We only assign attorneys to indigent individuals.  Individuals who have most recently been represented by a privately-retained attorney as well as individuals who are not incarcerated and have not been found indigent by the Court in the last 2 years will need to be found indigent by the Court prior to our assigning counsel.

If you are inquiring about someone who is currently incarcerated, please use this packet.

If you are inquiring about someone who is not currently incarcerated, please use this packet.

For information in languages other than English, please select the relevant cover letter:

Client Complaints:

If an individual has been assigned an attorney and has concerns regarding that attorney’s performance, please contact us.

By Telephone: Clients having difficulty reaching their criminal appellate or post-conviction attorneys, or who are seeking an update on the status of their case, should call 617-482-6212 or email CAUAttorney@Publicounsel.net

By Electronic or Regular Mail: For serious issues concerning the attorney’s representation or to request re-assignment of counsel, the client’s complaint must be in writing and either sent by regular mail to:  Attorney Liz Dembitzer, CPCS  Private Counsel Division – Criminal Appeals Unit, 75 Federal Street,  Boston, MA 02110; or by e-mail to CAUAttorney@publiccounsel.net.

PANEL SUPPORT AND OVERSIGHT

In addition to the assignment of counsel, our unit provides support and oversight to attorneys who litigate the cases we assign.

Panel Certification:

To qualify for the post-conviction panel, counsel must be a member in good standing of the Massachusetts Bar with substantial experience in criminal law or appellate practice, must undertake a training process, and must agree to work with an appellate mentor for the first few assignments.  The training requirement must be completed after the applicant has been approved for post-conviction certification.  Acceptance onto the post-conviction panel is on a provisional basis. To become permanent member of the panel, the attorney must successfully complete the mentor program.

Application Process:

The applicant should submit a letter to the Director of Criminal Appeals describing the applicant’s interest in handling criminal appeals and explaining why the applicant’s experience, training, and education qualifies the applicant for appeals and post-conviction assignments. A current resume should be included. Two legal writing samples should be submitted, preferably at least one of which addresses a criminal law issue. The applicant should include the names and email addresses of two references who are familiar with the applicant’s abilities in legal research and writing, criminal law, and/or appellate practice.

The above package should be sent by e-mail attachment to Attorney Liz Dembitzer at edembitzer@publiccounsel.net.

New panel members are required to participate in a six- hour training program (usually held in early November), which covers the appellate process, record assembly, client relations, the performance standards and other relevant topics.  New applicants must also attend a  brief writing workshop (this is usually a few hours a week for several weeks in a row in the spring) and participate in a moot argument in advance of oral argument in their first three assigned cases. The training program requirements must be fulfilled at the earliest opportunity after the applicant has been accepted onto the post-conviction panel.

We expect new panel members to have experience with Massachusetts criminal law and procedure.  If you are interested in being on the CPCS post-conviction panel but do not have enough criminal law and procedure experience,  please consider (1) applying to a bar advocate program and to practice in the trial courts for a year or two prior to applying for the post-conviction panel (please see the criminal trial support unit for more information Criminal Trial Support Unit) or (2) working as an associate for a post-conviction panel member for a year or so.

If you are interested in working as an associate, please email your resume to CAUAttorney@publiccounsel.net and we will provide your resume to post-conviction panel members who are seeking associate help.

Training Programs:

The Private Counsel Division Criminal Appeals Unit provides training opportunities and materials to panel members.

Brief Writing Workshop
Brainstorming Program
Moot Court Program
Many of our past Post-Conviction trainings have been recorded and are available for review on MyGideon.

Resources for panel attorneys

The Private Counsel Division – Appeals Unit offers various resources to support panel attorneys in their representation.

Panelists should feel free to check the following options for possible CLE events:

CPCS Training Calendar

MCLE Calendar

MA Bar Association Training Calendar

Boston Bar Association Calendar

If you find a CLE and are unclear if it would qualify for our panel, contact Liz Dembitzer (edembitzer@publiccounsel.net) to ask.

Panel Adherence to Performance Standards:

The Private Counsel Division Criminal Appeals Unit is responsible for ensuring panel members’ adherence to our Performance Standards.   Attorneys in the unit review panel attorneys’ written work and oral arguments and investigate client complaints.

Process for filing attorney complaints:

By Telephone: Clients having difficulty reaching their criminal appellate or post-conviction attorneys, or who are seeking an update on the status of their case, should call 617-482-6212 or email CAUAttorney@Publicounsel.net.

By Electronic or Regular Mail: For serious issues concerning the attorney’s representation, or to request reassignment of counsel, the client’s complaint must be in writing and either sent by regular mail to:  Attorney Liz Dembitzer, CPCS  Private Counsel Division – Criminal Appeals Unit, 75 Federal Street,  Boston, MA 02110; or by e-mail to CAUAttorney@publiccounsel.net.

Erica E. Cushna
Trial Panel Director
35 Congress Street
Suite 351
Salem, MA 01970 

Melissa Ellis
Staff Counsel
1822 North Main Street
Suite 205
Fall River, MA 02760

PRIVATE COUNSEL TRIAL UNIT

YAD’s private counsel trial panel includes over three hundred specially trained attorneys that accept delinquency, youthful offender, juvenile murder, and GCL revocation cases, to help young people achieve their legal and life goals.

The majority of juveniles under the age of 18 charged with delinquency matters in Massachusetts are represented by private court-appointed counsel on a case-by-case basis under the auspices of the Committee for Public Counsel Services, pursuant to MGL c.211D. Currently, over 300 private attorneys in the state have been trained and certified to accept assignment of these delinquency cases by CPCS.  Many of these attorneys devote a significant portion of their practice to representing juveniles. In order to do so, attorneys must comply with rigorous CPCS Performance Standards, annual caseload limits, continuing legal education requirements, supervision, oversight, and other requirements. They also must be selected by a county-wide bar advocate program and comply with the program’s contractual obligations, including reporting, training, supervision and other responsibilities.

CPCS contracts with a local bar advocate program in each Massachusetts county, for purposes of providing a legal services delivery system and professional oversight of private counsel to indigent youth in delinquency, youthful offender, and adult criminal cases. The programs, in turn, contract with qualified private attorneys, who are assigned duty days in the district and juvenile courts of the county. Pursuant to contract, private attorneys are assigned private local Resource Attorneys through the bar advocate program. These resource attorneys serve as mentors to less experienced counsel.

Additionally, CPCS contracts with private attorneys to serve as Juvenile Supervising Attorneys (JSAs) in each county. The JSAs provide technical assistance, training, support, and oversight to the private counsel representing juveniles in delinquency and youthful offender cases in the county. JSAs also serve as a liaison between the courts, judges, CPCS, DYS, and other agencies, and provide leadership to the private bar with respect to juvenile practice throughout the state.

If you need an attorney appointed or for any questions or concerns regarding YAD Private Counsel contact:

Erica Cushna
Trial Panel Director                      
978.219.5425

Melissa Ellis
Staff Counsel
508.484.5787

Carly Pederson
Administrative Assistant
978.219.5430

Racial Inequities

CPCS and YAD are also committed to challenging racial inequities in the juvenile justice system at every stage of client representation. Accordingly we have attached the following links to assist attorneys in pursuing racial justice through litigation and education. These links will be updated periodically:

  1. Racial Justice for Youth: A Toolkit for Defenders  first responders for youth justice this Toolkit can help attorneys advocate for change for clients and youth of color in this moment and beyond;
  2. Sample Motion to Modify Detention Status  (includes a racial justice argument);
  3. Helpful Statistics on Race & Ethnicity in the Juvenile Justice System
  4. National Juvenile Defender Center Resources (some may require creating an account):
    1. Racially Discriminatory Law Enforcement Litigation Packet
    2. Juvenile Defense Raising Race Checklist (includes guidance for incorporating racial justice arguments, including implicit racial bias, at detention hearings);
    3. Case Law to Support Specific Racial Justice Arguments
    4. Racial Justice Motions and Pleadings
    5. Client Interviewing for Racially Conscious Lawyers
  •  

Filing Complaints (for YAD Private Counsel)

Afton Templin
Director
1822 North Main Street
Suite 205
Fall River, MA 02720
508.484.5785

Sarah LoPresti
Staff Counsel II
6 Pleasant Street
6th Floor
Malden, MA 02148
978.219.5448

Taylor Henley
Appeals Attorney
6 Pleasant Street
6th Floor
Malden, MA 02148
617.910.5711

Angela M. Childs
Administrative Assistant
7 Palmer Street, Suite 302
Roxbury, MA 02119
617.910.5725

The Juvenile Appeals Unit oversees a panel of skilled and zealous private counsel who represent clients in two distinct types of assignments: direct appeals and screenings. These assignments arise from delinquency, youthful offender and juvenile murder cases.

We collaborate with the adult Private Counsel Criminal Post Conviction and Appeals Unit  on “emerging adult” cases, where individuals were between the ages of 18 and 25 at the time the offense was committed.

We are committed to providing our clients with outstanding appellate advocates who are dedicated to building a strong professional relationship with each client, understanding their diverse circumstances, and to meeting their needs.  YAD Appeals strives to meet these goals by recruiting and maintaining a diverse and inclusive panel of private attorneys who represent a broad range of human difference and experience.

If you are requesting an attorney to review a closed delinquency or youthful offender adjudication, murder conviction, or your sentence, please click here.

If you have a question or concern about your case, please contact Afton Templin, Director of Juvenile Appeals.

If you wish to file a complaint against your assigned screening or appellate counsel, please click here.

If you are a trial attorney and would like an appellate attorney assigned in the direct appeal of your case, please click here.

For information on How to Apply to YAD Juvenile Appeals Panel, please click here.

Erica E. Cushna
Trial Panel Director
35 Congress Street
Suite 351
Salem, MA 01970 

Melissa Ellis
Staff Counsel
1822 North Main Street
Suite 205
Fall River, MA 02760

Under the direction and supervision of the Trial Panel Director, YAD has a specialized panel of attorneys who provide counsel to youth committed to the Department of Youth Services who are facing a process similar to parole revocation, called GCL Revocation.  The Revocation Advocacy Panel consists of trained and certified private attorneys across the state who represent youth for their GCL Revocation hearings.

Access to Counsel for GCL Revocation

In coordination with the Department of Youth Services (DYS), YAD offers counsel statewide to all youth that are committed to DYS and returned to custody for revocation of their Grants of Conditional Liberty (GCL). These youth — facing a proceeding essentially similar to parole revocation — are entitled by law to due process and fundamental fairness.

The Revocation Process

After youth are committed by the court to DYS and serve their initial time in custody, they are then released into the community under an agreement similar to parole which is called the Grant of Conditional Liberty, or GCL. The GCL includes conditions such as obeying all laws, attending school regularly, and staying in contact with the DYS caseworker.  When a caseworker believes that a youth is not following the conditions of the GCL, he or she may decide to return the you to secure custody to face an administrative revocation hearing.

At the revocation hearing, a hearing officer will consider all evidence in determining whether or not the youth violated the GCL, and, if so, decide upon the amount of time the youth will spend in a secure facility.  Revocation dispositions can vary from one night to six months.  The youth has the opportunity to contest the alleged violations and the amount of time that DYS is seeking to hold him or her.  The youth also has the right to appeal the revocation disposition.

At the revocation hearing, a hearing officer will consider all evidence in determining whether or not the youth violated the GCL, and, if so, decide upon the amount of time the youth will spend in a secure facility. Revocation dispositions can vary from one night to six months. The youth has the opportunity to contest the alleged violations and the amount of time that DYS is seeking to hold him or her. The youth also has the right to appeal the revocation disposition.

For information or advice regarding a GCL Revocation, please contact:

Erica Cushna
Trial Panel Director
978.219.5425

Melissa Ellis
Staff Counsel
508.484.5787

Carly Pederson
Administrative Assistant
978.219.5430

Revocation Panel Resource(s):
Revocation Performance Standards 

Training Requirements:

Admission onto the CAFL trial panel is by application only and requires satisfactory completion of a multi-day training program combining substantive law and trial skills. Thereafter, attorneys must work with a mentor assigned through the CAFL Mentorship program.  Additional support is provided by Resource Attorneys and CAFL Trial Panel Support Unit staff.

Once certified for the trial panel, attorneys must maintain certification through the annual completion of 8 hours approved continuing legal education on a fiscal year basis. The fiscal year begins on July 1 and concludes on June 30. Newly certified trial panel attorneys are expected to satisfy the continuing education requirement in the fiscal year subsequent to the year certification was received.

Continuing legal education requirements may be satisfied by attendance of 8 hours of legal education at CAFL sponsored trainings, through MCLE or in various regions throughout the Commonwealth, or equivalent training programs. To obtain credit for attending such an equivalent program, submit a request for approval together with a comprehensive description of the program, including its length and a syllabus describing contents and faculty, to cafltraining@publiccounsel.net.  Attorneys are urged to seek approval prior to attending programs. For a list of CAFL approved programs, see the CPCS Training Calendar.

To received CLE credit for the programs you attend, please complete the online CAFL CLE Affirmation Form before June 30 each fiscal year.  You no longer need to submit certificates or other affirmation documents. The signed electronic form is sufficient to affirm attendance. When you submit the form, you will receive an automatic confirmation for your records.  For any questions regarding CAFL CLEs, please contact Kaitlyn Severin (kseverin@publiccounsel.net).

Certification:

Attorneys who are fully certified and whose certifications are in good standing may accept assignments of care and protection cases, CRA cases, termination of parental rights cases, and child custody cases in which there is state intervention.

Performance Requirements:

Attorneys who accept State Intervention/Child Custody and CRA cases must represent their clients at all trial proceedings. Trial counsel is responsible for appellate proceedings until such time as appellate counsel is assigned by CPCS and enters an appearance. By accepting assignments on these cases attorneys agree to abide by the CPCS Performance Standards Governing Representation of Children and Parents in State Intervention and Parental Rights Termination Cases.

Appellate Assignments:

An attorney must be separately certified to receive appellate assignments for these cases. 

Materials from Internal Links and Bookmarking Webinar (4/30/2020)

Ineffective Assistance of Counsel Training Materials

Trial Certification

IN ORDER TO OBTAIN CERTIFICATION to accept assignments in mental health proceedings (e.g., civil commitments, guardianships, and substituted judgment cases), an attorney must apply for admission to the panel.  At least one year of litigation experience is required. If accepted, a person must attend the two-part training program described below and then successfully complete a mentorship program.

 

Part 1:  “Mental Health Proceedings and Advocacy for Assigned Counsel”

A comprehensive five-day review of substantive mental health law and the procedural rules applicable in mental health proceedings. Conducted from a defense perspective, emphasis is placed upon litigation technique and strategy. [Sponsored by CPCS and Mass. Continuing Legal Education, Inc. (MCLE). Written material: Goldman, S., Mental Health Proceedings in Massachusetts: A Manual for Defense Counsel.  See training schedule for next session.]

Part 2:  “Clinical Aspects of Mental Illness and Treatment”

An overview of the clinical perspectives on the diagnosis and treatment of mental illness, with an emphasis on those issues typically raised in mental health proceedings (e.g., the prediction of dangerousness, treatment with antipsychotic medication). [Sponsored by CPCS and the University of Mass. Medical Center, Dept. of Psychiatry. Instructors: faculty of UMass Dept. of Psychiatry. Written material: Selected articles by the faculty and others. See training schedule for next session.]

IN ORDER TO MAINTAIN MENTAL HEALTH CERTIFICATION, attorneys must attend at least eight (8) hours of approved continuing legal education programs in each fiscal year (i.e., 7/1 – 6/30). Most programs are jointly sponsored by CPCS and MCLE. Written materials are developed for each program by the respective faculty.

Membership in Mental Health Litigation Unit E-Group also is required. ANY QUESTIONS REGARDING THE LIST SERVE PLEASE CONTACT MARK LARSEN, DIRECTOR AT mlarsen@publiccounsel.net.

Appellate Certification

In order to accept mental health appellate assignments, an attorney must be certified to accept mental health assignments (described above), must apply for admission to the appellate panel and must then complete a training program entitled “Appellate Advocacy and Procedure in Civil Cases.” [Sponsored by CPCS and MCLE. Faculty are experienced mental health and appellate counsel. Written materials are developed for each program by the faculty. See training schedule for next session.] Thereafter, mental health certification must be maintained, as described above.

SORB Certification Training

See CPCS Training Calendar for date of next training.

SORB Hearings Panel Application, SORB SDP Appellate Application 2017 and Waiver Form (for attorneys who are not members of a bar advocate program) must be submitted to and accepted by CPCS Alternative Commitment and Registration Support Unit prior to enrollment.

Further information about this program is available from Assignment Coordinator,
ac@publiccounsel.net or (617) 482-6212, ext. 5827.

SDP Certification Training

See CPCS Training Calendar for date of next training.

SDP Trial Panel Application, SORB SDP Appellate Application 2017 and Waiver Form (for attorneys who are not members of a bar advocate program) must be submitted to and accepted by the Alternative Commitment and Registration Support Unit of CPCS.

Further information about this program is available from Assignment Coordinator,
ac@publiccounsel.net or (617) 482-6212, ext. 5827.

Superior Court – Murder List Application (PDF)

CPCS PAROLE ADVOCACY UNIT

SEEKING APPLICANTS FOR PAROLE RELEASE AND REVOCATION PANEL – Applications close May 11. Click here for more information and a link to apply. 

ABOUT THE PAROLE ADVOCACY UNIT

The Parole Advocacy Unit of the Private Counsel Division works to bolster successful reentry through advancing the rights of people who have the opportunity for parole and medical parole release. Responsible for assigning all parole and medical parole cases across the Commonwealth, the unit trains and supports specialized attorneys. The unit also screens cases in order to ensure that all those who have a right to counsel have access to a lawyer. That group includes juvenile lifers, late adolescent first-degree lifers, certain people facing parole revocation, and prisoners with disabilities who require assistance to access a fair hearing.

DIRECTOR
Mara Voukydis, Esq.
617-482-6212

STAFF ATTORNEY
Katherine Cielinski
617-482-6212

ADMINISTRATIVE ASSISTANT III
Sadia Ahmad
617-482-6212

How to Get Help
Incarcerated, formerly incarcerated people, and their loved ones can reach the Parole Advocacy Unit by calling CPCS’s main 617-482-6212 and asking for the parole unit. People who are not incarcerated can also email the unit at parole@publiccounsel.net

Letters can be sent to:

The Parole Advocacy Unit
Private Counsel Division
Committee for Public Counsel Services
75 Federal Street, 6th Floor
Boston, MA 02110

Who We Can Help

The CPCS Parole Advocacy Unit assigns and supports lawyers in cases involving a right to counsel for parole, which includes the following groups of individuals:

  • Juvenile Lifers: People sentenced to life for a crime that occurred when they were juveniles (currently defined as under 18 years of age)
  • Late Adolescents: People serving 1st degree life sentences for a crime that occurred when they were between the ages of 18-20 years old.
  • People with disabilities or access challenges referred by the Parole Board: People referred to CPCS by the Parole Board due to reasons of serious physical, mental, or cognitive disability, language access needs, or inability to read or write
  • Pending revocations referred by the Parole Board: People referred to CPCS by the Parole Board due to a pending parole revocation proceeding
  • Medical parole and medical parole revocation: Medical parole representation begins with a screening assignment and, where screened in, continues through the submission of a medical parole petition and representation upon denial of the petition, if necessary.

Even though the scope appears limited, our unit can also screen the following types of cases for possible assignment:

  • People with disabilities, language access issues, or inability to read or write who have not been referred by the Parole Board but whose condition will affect their ability to participate meaningfully in their parole proceedings.
  • People facing parole revocation who have not been referred by the Parole Board but whose case meets the requirements set for in Gagnon v Scarpelli, namely they dispute the revocation or have other reasons for needing counsel to assist.
  • Litigation of parole matters beyond the Parole Board proceeding: Though generally unable to assign counsel for litigation outside of routine appeals for juvenile lifers, people with serious disabilities, and certain parole revocation matters, the Unit is available to discuss and at times screen potential legal challenges on other parole matters or issues that impact someone’s parole eligibility.

Advice and Consultation

Although generally unable to assign lawyers for other purposes, staff and parole mentor attorneys are also available to consult with incarcerated or paroled callers, their loved ones, and lawyers from all practice areas about all other parole related matters. In some cases, the Unit may be able to advocate briefly on behalf of the client to the Parole Board or the Department of Correction, or advise the attorney on how to do so. Consultation topics include but are certainly not limited to:

  • Mandatory Release to Supervision (RTS)
  • Sentencing and parole eligibility concerns
  • Classification issues
  • Parole Conditions
  • Delays in parole release
  • Home plan problems
  • Concerns about conditions of confinement

PAROLE PANELS

The Parole Advocacy Unit manages several parole-related panels:

  • Juvenile Lifer Parole Panel – attorneys represent clients sentenced to life as juveniles who are facing parole release proceedings.
  • Late Adolescence Parole Panel – attorneys represent clients sentenced to first degree life at 18, 19, or 20 years old.
  • Parole Release and Revocation Panel – attorneys represent people with determinate sentences in the House of Correction or Department of Correction who are either facing parole revocation or who are disabled and require assistance with parole release proceedings.
  • Lifer Parole Release and Revocation Panel – attorneys represent people with sentences sentences in the House of Correction or Department of Correction who are either facing parole revocation or who are disabled and require assistance with parole release proceedings.
  • Medical Parole Panel – attorneys screen medical parole cases and in the event the client has been screened in, petitions the Department of Correction for release on compassionate grounds due to terminal illness or permanent incapacity. These cases are both lifer and nonlifer, with lifer cases available for qualified attorneys.

TRAINING RESOURCES

Mygideon Parole Training Page – secure website accessible only to public defenders, both staff and private counsel, and related legal professionals. To request access please contact the unit.

SEEKING APPLICANTS FOR PAROLE RELEASE AND REVOCATION PANEL – Applications close May 11.

The Parole Advocacy Unit of CPCS’s Private Counsel Division is now accepting applications for the Parole Release and Revocation Panel.  

Attorneys selected for this panel will provide zealous advocacy to incarcerated people serving determinate sentences in the Department of Correction and Houses of Correction who have been referred to CPCS to receive counsel as a disability accommodation. Cases will be assigned based on a duty calendar. 

Attorneys must be available to complete a live, online certification training: Wednesday June 17, 1-5pm and Thursday June 18, 1-5pm as well as a companion online training module to be completed by July 17.  

PANEL INFORMATION – PLEASE READ PRIOR TO APPLYING 

Attorneys selected for this panel will provide zealous advocacy to incarcerated people serving determinate sentences who have been referred to CPCS to receive counsel as a disability accommodation. Acceptance onto the panel is contingent upon attendance at a two half-day, live webinar in mid-June as well as timely completion of an online training module. Prior to selection, applicants may be required to complete a short interview or phone screening.  

Case Assignments: Clients are located both in the Department of Correction (“DOC) and Houses of Correction (“HOC”). Hearings are held on site in the facilities. HOC hearings are currently held virtually, with counsel present in person with the client. Attorneys on this panel will handle both DOC and HOC cases. For DOC cases, clients may be located at any of the facilities. For HOC cases, applicants will specify which counties they will cover. Cases will be assigned based on a duty calendar. When on duty, applicants will receive notice of those cases. Counsel may receive notice of cases outside of the selected counties with the option to accept or decline. Counsel on duty will accept up to three assignments per duty week–with less than three expected–with any additional assignment offered to the panel.

Minimum Requirements: Counsel must have a minimum of four years of experience working with indigent clients including four years of experience as a certified panel attorney or CPCS staff attorney in the criminal trial, delinquency, appeals, mental health, SORB, or SDP practice. Comparable experience may substitute at the discretion of the Parole Advocacy Unit. 

Compensation: Compensation for determinate sentence parole cases is $95 per hour.

Click here for application link. 

IMPORTANT DATES: 

  • May 11 – Applications Due 
  • May 18 – Selected candidates notified by this date 
  • June 17, 1-5pm – Part 1 of live certification webinar (4 hours) 
  • June 18, 1-5pm – Part 2 of live certification webinar (4 hours) 
  • July 17 – companion online training must be completed (approximately 6-8 hours on own time) 

Attorneys will be certified only after full completion of the training (both webinars and online trainings) 

INFORMATION SESSIONS 

Attorneys interested in learning more can join one of the following information sessions: 

Friday, May 1 – 2-2:30pm   Register here 

Tuesday, May 5 – 2-2:30pm  Register here 

Thursday, May 7 – 2-2:30pm  Register here 

Attorneys with questions who are unable to attend a session can contact parole@publiccounsel.net.

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