Greenfield District Court Probation Department's Indigency Determination Process for State-Sponsored Legal Services

This is a state audit of how Greenfield District Court handled eligibility checks for people asking for state-paid legal help.

“The Greenfield District Court (GDC) was one of the 27 courts selected for our review.”

The auditor reviewed courts because probation departments are responsible for confirming that people who claim they cannot afford a lawyer meet the legal definition of indigent.

“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.”

If eligibility is not checked and documented, public money may pay for lawyers for people who do not qualify.

“As a result of these conditions, there is inadequate assurance that all of the state-sponsored legal counsel services that the GDC provided to 1,632 defendants during fiscal year 2010 were appropriate.”

For residents, this is about whether taxpayer-funded legal services are being protected for people who truly qualify under the rules.

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

The auditor recommended that Greenfield District Court immediately follow the law and create formal policies and controls with the probation office.

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

The audit raises concern about whether public counsel money for 1,632 defendants in fiscal year 2010 was properly spent.

“As a result of these conditions, there is inadequate assurance that the funding provided to the CPCS to retain public counsel for the 1,632 individuals deemed indigent by the GDC in fiscal year 2010 was appropriately spent.”

Indigent means a person meets specific financial or custody-related conditions, such as receiving certain public benefits, having very low income, or having no available funds while in custody.

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