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S 1029

An Act to eliminate the public counsel fee

194th Legislature (2025-2026) Introduced by Mike Barrett

S 1029 eliminates Massachusetts' public counsel fee, removing financial charges for low-income defendants accessing publicly-funded legal representation.

Accompanied a study order (under JR10), see S2886
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Bill Summary · S 1029

Legislative bill overview

S 1029 proposes to eliminate the public counsel fee in Massachusetts, a charge currently assessed to certain individuals who receive publicly-funded legal representation. The bill would remove this financial requirement, making access to public counsel free of charge for those who qualify.

Why is this important

The public counsel fee functions as a cost-recovery mechanism, placing the burden of funding public defense on low-income defendants who can least afford to pay. Eliminating it directly affects access to justice by removing a financial barrier between indigent individuals and legal representation.

Potential points of contention

  • Fiscal impact: Eliminating the fee reduces revenue that currently offsets public defense costs, requiring either budget reallocation or increased state spending on legal services
  • Fairness debate: Proponents argue fees burden poor defendants unfairly; opponents may contend fee collection serves legitimate cost-sharing principles
  • Implementation scope: Unclear whether elimination applies to all public counsel services or specific categories, potentially creating inconsistent access across case types

Compiled from official sources — confirm details with the bill’s official record.

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