Dorchester Division of the Boston Municipal Court Probation Department's Indigency Determination Process for State-Sponsored Legal Services

This is a state audit of how the Dorchester Division of the Boston Municipal Court Probation Department decided whether defendants qualified as indigent for taxpayer-funded legal help.

“The objective of our work at each district court was limited to determining the extent to which probation staff in these courts were complying with their mandated responsibility established by Chapter 211D to ensure that a defendant claiming to be indigent meets the definition of indigence.”

The State Auditor was reviewing public counsel services statewide and included Dorchester as one of 27 district courts selected for closer review.

“Consequently, as part of our audit of the CPCS, we selected a representative sample of 27 district courts to review.”

If eligibility is not checked, public money for legal defense may go to people who do not qualify, while the court cannot prove that spending was proper.

“As a result of these conditions, there is inadequate assurance that the funding provided to the CPCS to retain public counsel for the 6,339 individuals deemed indigent by the DDC in fiscal year 2010 was appropriately spent.”

For an ordinary taxpayer, this is about whether public funds for court-appointed lawyers are being protected and used only for people who qualify under the law.

“Chapter 211D charges the CPCS with the responsibility of providing legal counsel services to indigent persons entitled to representation by law.”

The audit found three core problems: no formal written procedures, little routine verification of defendants' financial claims, and poor record retention.

“We also found that, contrary to the requirements of Chapter 211D of the General Laws, the Probation Department does not routinely conduct verifications of information provided to it by defendants in order to ensure that these defendants are indigent and entitled to receive state-sponsored legal representation.”

The auditor recommended that Dorchester probation officials immediately follow the law, create written procedures, and set up controls to make sure staff verify eligibility and keep records properly.

“In order to address our concerns relative to this matter, we recommend that the DDC Probation Department take measures to immediately comply with all the requirements of Chapter 211D of the General Laws.”

This was not just a paperwork issue: the court provided state-sponsored legal services to thousands of defendants in fiscal year 2010, and the audit says there was not enough assurance that all of those services were proper.

“During this same period, the DDC provided legal counsel services to 6,339 of these individuals determined to be indigent by the DDC Probation Department.”

In this report, 'indigent' means a person is poor enough, under legal standards, to qualify for a state-paid lawyer.

“Rule 3:10, Section 1, of the Supreme Judicial Court defines an indigent person as an individual who is:”