Barnstable Superior Court

This is a Massachusetts State Auditor performance audit of the Barnstable Division of the Superior Court Department, covering July 1, 2012 through September 30, 2013.

“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, July 1, 2012 through September 30, 2013.”

Auditors checked whether the court properly handled money, evidence, case files, bail, probation fees, community service, unclaimed funds, and required notices to state agencies.

“The audit was undertaken to determine whether (1) cash received by BSC’s Clerk of Courts’ Office (Clerk’s Office) and Probation Office was properly reported to the Trial Court; (2) BSC’s internal controls to safeguard evidence were adequate; (3) BSC’s internal controls to safeguard case files were adequate; (4) BSC monitored, assessed, waived, and collected monthly probation supervision fees and/or performance of community service in accordance with Chapter 276, Section 87A, of the Massachusetts General Laws and the “Directive on Collecting Probation Supervision Fees” issued by the Office of the Commissioner of Probation in December 2009; (5) BSC remitted unclaimed funds to the Office of the State Treasurer in accordance with Chapter 200A of the General Laws; (6) BSC properly disbursed bail funds; and (7) BSC notified certain state agencies when legal counsel fees were unpaid 60 days after appointment of legal counsel and withheld bail when legal counsel fees were unpaid in accordance with Chapter 211D of the General Laws.”

If probation fees and community service are not tracked and enforced, people may not meet probation conditions and the public may lose money or service hours owed to the state.

“As a result, probationers may not be complying with their probation conditions; the Commonwealth may not be receiving fees or community service to which it is entitled; and the Probation Office cannot readily determine the value, performance, and likelihood of completion of community-service hours.”

For an ordinary resident, this matters because courts collect public money, supervise probationers, and help enforce rules meant to support accountability and public resources.

“During the audit period, July 1, 2012 through September 30, 2013, BSC collected revenue totaling $447,963,1 which it disbursed as either general or specific state revenue as shown in the following table.”

The court passed several audit areas, but failed in two important areas: probation fee/community-service monitoring and notifying DTA about unpaid legal counsel fees.

“Did BSC monitor, assess, waive, and collect monthly probation supervision fees and/or performance of community service in accordance with Chapter 276, Section 87A, of the General Laws and the “Directive on Collecting Probation Supervision Fees” issued by the Office of the Commissioner of Probation (OCP) in December 2009?”

The Auditor recommended that the Probation Office hold required hearings, improve tracking of community service, and that the Clerk’s Office notify DTA when legal counsel fees are unpaid.

“The Clerk’s Office should establish the necessary internal controls to ensure that it fully complies with all the reporting requirements of Chapter 211D, Section 2A(h), of the General Laws, including notifying DTA upon a defendant’s failure to pay the legal counsel fee within 60 days from appointment of counsel.”

The findings are significant because the court could not readily know whether required community service was being completed, and unpaid legal counsel fees were not always reported to all required agencies.

“Therefore, the office cannot readily determine how much service is owed, what it amounts to in dollars, and whether offenders will be able to fulfill requirements of court orders on schedule.”

Probation supervision fees are monthly payments some people on probation must make; if they cannot pay, the court may require community service instead.

“In lieu of payment of said probation fee the court shall require said person to perform unpaid community work service at a public or nonprofit agency or facility, as approved and monitored by the probation department.”