Frequently Asked Questions (FAQs)
Frequently Asked Questions (FAQs)
Find helpful information for attorneys, legal professionals, vendors, clients, and members of the public.
Resource Center
If you’re looking for important forms or documents, find them in our Resource Center.
Attorney-Specific FAQs
General Questions
Is CPCS responsible for all court cases where a client is indigent?
No. See Chapter 1 of our Assigned Counsel Manual for our scope of legal services.
Once I’m approved and certified to accept cases, how will I be notified of a court-issued assignment?
Most courts issue assignments by entering the docket number and your attorney information into the state’s MASSCOURT system. Every evening, CPCS receives a file containing all assignments entered for that day. The next day, we add those assignment records to our file.
When we receive an assignment(s) for you from MASSCOURT, we will issue a notice to your Ebill account and add any new assignments to your Ebill list. This is the only notice that you will receive regarding the assignment, and this notice will contain the Notice of Assignment of Counsel (NAC) number needed for billing. These assignments start with the letter “D.”
We encourage attorneys to log into Ebill notices daily, print the assignment notice, and file it in your client’s file. Notices may contain multiple assignments and assignment numbers. It’s also possible that you could receive a notification of assignment and a notification of rejection on the same day.
Some courts and some cases require a multi-part paper assignment form. These forms are completed and signed at the court, and the clerk will give you a copy. These assignments start with the letter “C.”
Where can I find a specific form? Or a sample motion, model brief, reference cases, or other resources to help prepare my case?
Find all attorney forms and documentation in our Resource Center.
How do I find an expert for my case?
For forensics experts (i.e. arson, ballistics, crime scene reconstruction, document/handwriting, DNA consultants, pathology, toxicology, etc.), contact our Forensic Services Division. This team can direct you to the best type of expert for your particular case.
For social service expert referrals (i.e. social services professionals, psychiatrists, psychologists, etc.), email ssvendors@publiccounsel.net.
Once you have the expert’s name, please email vendorinfo@publiccounsel.net to determine if the expert is already a state vendor on file with CPCS. If the expert is not a vendor, please advise the vendor to begin the application process by visiting the CPCS Vendor Portal.
Failure to use a vetted expert could result in denial of payment of expert services. Before this process, obtaining an estimated cost from the expert and requesting an allowed Motion for Funds from the court is advisable. An allowed Motion for Funds is required for payment of all experts.
Does CPCS have set hourly rates for specific experts?
Yes. Find rates and expert billing information in Chapter V of our Court Cost Vendor Manual.
What is the state’s fiscal year?
The Commonwealth of Massachusetts fiscal year runs from July 1 through and includes June 30.
My contact information has changed. What should I do?
If your address or phone number has changed, you’ll need to complete a W9 form. The State Comptroller requires that your legal address match the address that you use to file your taxes.
Print and mail the completed form and send it with a letter requesting an address change to:
Vendor Maintenance
Committee for Public Counsel Services
44 Bromfield Street
Boston, MA 02108
If your email address has changed, email vendorinfo@publiccounsel.net.
Notice of Assigned Counsel (NAC)
Why can’t I see my “C” paper assignment on my Ebill list of assignments?
“C” assignments are not automated. To start your first bill, enter the complete assignment number.
I received a notice that an assignment was rejected. What should I do?
If you disagree with the rejection, please follow the directions in the letter on how and where to appeal.
How do I request that a specific case be reopened for billing?
Send an email to ebill@publiccounsel.net. Include the client’s name, the complete assignment number (not the docket number), and the reason for your request.
Does closing a NAC number remove it from my Ebill list of NACs?
Yes.
I recently requested that CPCS reopen a NAC number and I received a notice that it was reopened. Why don’t I see it on my Ebill list of NACs?
When you reopen a NAC, you will receive an email that it’s been reopened and the reopened NAC will reappear on your list for your selection. Scroll down the list to find the NAC as only 10 assignment numbers are displayed at once.
My client was surrendered. How do I reopen the original assignment?
When there is a probation surrender or violation, CPCS requires that the court issue a new assignment.
The Date of Assignment is incorrect on the NAC. How do I change this?
The court enters the data, and our system will issue a NAC based on the data. Note that the court uses the date of assignment rather than the date of appointment.
Therefore, please inform the court of the error and their staff will make the necessary correction. Then, our system will reissue the NAC with the correct date.
The court issued one NAC for multiple dockets with separate charges. How can I receive separate NACs for billing purposes?
Our system issues one NAC for multiple dockets when it is the same attorney, same court, same assignment date, and the same client. This procedure reduces an attorney’s caseload, allowing you to take on additional cases.
Billing
What are the CPCS attorney billing deadlines?
Year-End bills that include dates of services rendered between 7/1 and 6/30 must be submitted on or before 7/31 of the current fiscal year.
Note: Ebill allows you to bill twice on a case in the month of June: one interim bill and one End-of-Year bill. As appropriate, you may also submit a case closed bill in June (Interim and End-of-Year bills may not be submitted after the submission of a case closed bill).
You are limited to one FY End-of-Year bill. It is your choice whether this bill is submitted in June or July.
Although the billing limit is usually one bill per month per NAC, during the months of July and August you can file the current fiscal year-end bill and the new fiscal year’s interim or closed bill on the same NAC in the same month if necessary. Penalties apply for late submissions – see below.
Are there penalties for missing billing deadlines?
Year-End and Interim bills that include dates of service rendered 7/1 through 6/30 that are submitted after 7/31 or 30 days after the last date of service (whichever is earlier) are subject to a 10% reduction.
Year-End and Interim bills that include dates of service rendered 7/1 through 6/30 that are submitted after 8/31 or 60 days after the last date of service (whichever is earlier) will be rejected.
Case Closed bills must be received by 7/31 or within 30 days of the last date of service listed on the bill (whichever is earlier) or be reduced by 10%
Case Closed bills received after 8/31 or more than 60 days after the last date of billable service (whichever is earlier) will be rejected. The last date of service billed on a Case Closed bill is recognized by CPCS as the date the case concluded.
In accordance with G.L. c. 211D, § 12, the above dates apply whether or not they occur on a Saturday, or Sunday.
Does CPCS limit the number of hours I can bill in a year? What about the number of hours I can bill in a day?
Please see Chapter 5, Section Q of the Assigned Counsel Manual for billing limits.
Can I bill for waiting time?
Please see Chapter 5, Section X.3 of the Assigned Counsel Manual for waiting time limits.
I submitted an interim bill a few weeks ago and now Ebill won’t accept another interim bill.
Note that monthly billing is limited to one interim bill per NAC number per month. Once an interim bill for a NAC bill is submitted, another interim bill cannot be submitted until the following month.
How do I request reimbursement for an out-of-pocket, case-related cost?
Private attorneys should use the Ebill portal and enter a “Other Type” voucher for reimbursement. Multiple expenses for the same case can be billed on one voucher.
Before requesting reimbursement, please make sure you’ve already covered the cost of the product or service and can provide a receipt or invoice, along with proof of payment.
Ebill vouchers for out-of-pocket expenses totaling $50 or less do not need to be mailed to CPCS for payment consideration. However, they should be printed, signed and maintained in the case file with receipts and proof of payment attached.
Ebill vouchers for out-of-pocket expenses that total more than $50, must be printed, signed and mailed to CPCS with receipts and proof of payment attached in order to be considered for payment. A copy should be retained for your records.
Payment
When I log into Ebill, I can’t navigate to other menus. How can I resolve this?
Once you review all unread Ebill notices, you’ll be able to progress to other menu options.
When does CPCS submit attorney bills to the Office of the State Comptroller (OSC) for payment?
Twice monthly. All bills received in good order by the 15th of the month will be processed and forwarded to OSC for payment within seven business days of the 15th. All bills received in good order between the 16th and the last day of the month will be processed and forwarded to OSC within seven business days of the last day of the month.
If the 15th or last day of the month falls on a Saturday, Sunday, or a holiday, we will include all bills received in good order through 11:59 p.m. of the next business day.
Please know that the CPCS bill payment policy is not the same as the CPCS bill submittal policy, and it does not change the monthly billing policy; which does not allow the submission of more than one interim bill per assignment number (NAC) per month.
When does the Office of the State Comptroller (OSC) issue payment?
OSC issues payment within 3 to 5 business days. This schedule is subject to available funding.
Where can I see the payments that the OSC issued?
You can find this information via VendorWeb. For login, you will need your state vendor code and the last four digits of your tax identification number.
There is a lapse of at least 3 business days between when we submit bills for payment and when they appear on the Comptroller’s website. You can also access your 1099s for the last two calendar years on this portal.
I’ve noticed that my smaller Ebill vouchers aren’t paid as quickly as larger vouchers. Why is this?
Every payment transaction, CPCS pays a fee to the State Comptroller’s office.
In order to minimize these charges, we accrue an attorney’s request for reimbursements until they reach $50. Once they total $50 or more, they are consolidated and paid.
Children and Family Law Cases
The court issued several NACs for siblings. Can CPCS merge these NACs so I can bill all of my time for the cases under one NAC?
Yes, NACs issued for siblings can be consolidated.
Send an email to ebill@publiccounsel.net. List all of the NAC numbers and indicate which NAC number you would like to use for billing. All of the NACs will be merged under this NAC.
Several of my cases are now closed. However, I never closed them. How can I get these cases reopened?
From time to time, CAFL staff will close cases which are opened but have been inactive.
Email caflattorney@publiccounsel.net with your request.
What do I need to do when my client files an appeal?
In our Resource Center, you’ll find an Appellate Packet for Trial Attorneys. This resource includes sample motions that you’ll need to file with the court in order to obtain appellate counsel for your client.
Once the motions are allowed, you’ll need to fill out the Appellate Assignment Intake Form (also in the packet) and email it to the CAFL administrative office.
Note: The courts generally do not notify CPCS when an appeal has been filed. It is critical you inform the administrative office when you file an appeal.
I need advice about a CAFL case. Who can I contact?
A handful of attorneys designated by CAFL accept advice calls.
The Resource Attorney program also provides mentorship and advice to CAFL attorneys.
To contact these attorneys, search by your county in our directory.
Vendor-Specific FAQs
Becoming a Vendor
How do I become a vendor?
To receive payment for your work on a case, you must apply and be approved as a CPCS vendor. This includes professionals already approved to work with other state agencies.
Before applying, review the Court Cost Vendor Manual for more information about needed qualifications, rates, and the application process. Access the portal to begin your application.
How can I market myself as a CPCS vendor?
As an independent contractor, you are welcome to promote yourself as a vendor for CPCS.
However, as attorneys are expected to do their own vetting of experts, you are not allowed to indicate that you are an employee of or have been certified, accredited, or vetted by CPCS.
Can I take on cases from any division?
Yes! It’s up to you to let us know for which divisions you are willing to take cases.
Once you’re approved as a vendor, you are able to take cases from any and all divisions.
We encourage you to learn more about the different divisions and their specific needs to determine which best meet your interests and skills.
Taking on Cases
What if an attorney asks me to do something outside my area of expertise?
Ethical codes for social service professions state that you should only work within your area of professional competence. When considering taking a given case, ask about the expected scope of work and decide whether you have the needed education and experience to do that particular work. Communicating with the attorney can help in determining your qualification for a case.
If you’re working on a case and this occurs, consult with the attorney about the specific client needs. Share what you can and cannot provide in terms of expertise. You may also consider recommending a different vendor that can meet those needs.
Can I decline a case?
Absolutely. You can decline any case at any time and for any reason. We encourage vendors to take cases as their schedules and expertise allows.
I can’t take cases for a period of time. What should I do?
Please let us know if you would like to be moved to our inactive list via phone or email. When you’re ready to return, reach back out.
Note: Attorneys often share the name of vendors by word of mouth. We cannot guarantee that you will not be contacted; your name and contact info will not be included in any request for vendors.
How do I assess potential conflicts?
This process goes beyond completing the required forms if you’re employed by another state agency. Be mindful that a non-state agency, school, or hospital employer could also pose a potential conflict if any parties have received services from you or your employer.
Attorneys or your social services expert divisional contact can help with determining possible conflicts.
Supporting Legal Representation
What should I ask an attorney when they first call me? What do I need?
When starting a case, ask for the APPROVED Motion for Funds and the NAC number for the case. Both are needed for billing.
We recommend obtaining a letter of engagement specifying the scope of the requested work and services, your role, and the timeline of any work product or court dates.
You will also need a client’s contact information and signed releases, along with the context, theory, and criminal charges for the case.
What’s the difference between best interest and expressed wishes?
Best interest refers to an outside person deciding what they believe is best for the client. This approach is often used in human services and child welfare systems.
As part of a legal team, your job is to work within the client’s expressed wishes. For example, you may be part of a legal team in which a youth wants to return home. While you may question whether this is in the youth’s best interest, it is your job to advocate for the client and identify support services.
Do I have to drive clients?
No.
What do I do if an attorney or a client is not responding?
Please document your efforts to reach an attorney or a client.
If, after a period of time, you haven’t received a response from a client, inform the attorney.
If the attorney is not responding, reach out to the divisional contact in your case.
As a retained expert, you’re a member of the client’s legal team. What they share with you is protected by attorney/client confidentiality and privilege.
Before starting a case, plan to discuss with attorneys any limits posed to confidentiality by your professional licensing or ethics. From this discussion, clearly explain any confidentiality limits to the client.
Do I need my own release forms?
We encourage vendors to develop HIPAA-compliant release forms. Examples are available online. Individual attorneys may request you use a release template they provide.
Should I be getting client’s records and files? Or will the attorney do that?
In your initial consultation with the attorney, determine whether obtaining records would be within your scope of engagement. Do not request any records without first consulting with the attorney.
What if the information I uncover is not helpful to the client’s case?
Please inform the attorney immediately if you uncover any information that may not be helpful. The attorney will work with you to assess your involvement moving forward. The attorney may discuss with you how the new information could be presented in a way that mitigates any negative impact.
Billing
Who do I contact with billing questions?
Please contact vendorbills@publiccounsel.net for system lockouts, replacement/stop payments, or any questions regarding court cost billing.
I’m not sure if a service is billable. What should I do?
Please reach out to the divisional contact before performing the service.
Generally speaking, the Indigent Court Cost Act (ICCA), which funds vendor works, does not allow for the billing of direct care or treatment services. For example, you can refer your client to counseling but cannot provide therapy.
Who do I contact with billing questions?
Please contact vendorbills@publiccounsel.net for system lockouts, replacement/stop payments, or any questions regarding court cost billing.
Client-Specific FAQs
General Questions
How can I file a complaint?
See this page for more information. Follow the specific steps for the Division your case is in.
Criminal Offender Record Information (CORI)
What is CORI?
Your CORI report is a list of your criminal charges. It includes all cases – even if you were not found guilty or if the case was dismissed.
It is important to know the details of your criminal record. A CORI can make it harder to get a job, find housing, or even volunteer at your child’s school.
Learn more about CORI rights via Mass Legal Help.
What is not listed in my CORI?
- Restraining orders to prevent abuse or harassment. If criminal charges are filed against you for violating a restraining order, those charges will be on your CORI report.
- Child abuse or neglect reports, also known as “51A reports,” from the Department of Children and Families.
- Cases tried in juvenile cases. The only exception is if you were a juvenile tried as an adult.
How can I obtain a copy of my criminal record?
Access your record through the Massachusetts iCORI service portal.
How can I obtain a copy of my juvenile criminal record?
Learn more about juvenile records via Mass Legal Help.
Am I eligible to seal my criminal record? How does this process work?
Learn more about sealing your CORI via Mass Legal Help.
Youth Advocacy
What is the job of my child’s lawyer?
The job of your child’s lawyer is to prepare their case, help them to understand the process, give them legal advice, and advocate for whatever outcome your child has decided upon; whether your child wants to go to trial or not. The lawyer is responsible for all the legal work in the case and any investigation that needs to be done.
Your child’s attorney should make sure that your child truly understands the process and the choices that they will need to make. Your child’s attorney should also explain the process to you. It is important to remember that the lawyer works for your child and not for you. Your child’s lawyer should never tell you anything about the case without your child’s permission. If you and your child disagree about how to handle the case, the lawyer must follow your child’s wishes.
Who makes the decision for my child?
Your child will make all of the major decisions in his case. Their attorney makes certain legal decisions, but all major decisions, such as whether or not to go to trial, are made by your child. You are free to advise your child and the lawyer may also advise your child. Ultimately, your child has control over the major decisions in their case. It may seem impractical to you to let a child make such important decisions, but keep in mind that it is the child who will live with the consequences and your child is the one who has the professional relationship with the lawyer.
What if I don’t like my child’s legal representation?
You do not have to like your child’s attorney. You also do not have to agree with your child’s attorney about what is in your child’s best interest. You do have to feel, however, that your child’s lawyer is zealously advocating for his or her best legal interests. Your child’s attorney is just that – your child’s attorney. They are not your attorney and do not represent you.
Many attorneys will encourage their child clients to bring their parents into the process because it is usually beneficial for a child to be able to discuss his or her options with a parent and for the parent to help make decisions. This is not always possible. For example, sometimes children are embarrassed or ashamed of what they have done and do not feel comfortable telling their parents what happened. In this situation, it is critical for the child to be able to trust that the attorney will not reveal what the child has told them in order for the child to tell the attorney the truth. Where a child is unable to trust his attorney, that attorney’s ability to zealously
advocate can be seriously compromised.
If you believe that your child’s attorney is not listening to your child or is not explaining things in ways that your child can understand, you should first speak to the attorney to see if the problem can be resolved. If your child’s attorney fails to meet with your child about the case, fails to show up for court appearances, and otherwise neglects your child’s case, you should ask that attorney to withdraw and request that the judge give your child a new lawyer. Judges rarely grant requests for new lawyers so you should be prepared to give the judge specific reasons why you are not satisfied with the attorney.
What should I expect on the first day my child goes to court?
Your child’s first day in court is for an arraignment and bail hearing. The arraignment is where your child is formally charged, so you and your child will know what the specific charge is. This will be done in front of a judge or in front of an assistant clerk-magistrate if there is no juvenile court judge available. The judge will also decide whether to release the child to you, or to set bail.
Before the arraignment and bail hearing, you should report to the probation department. At the probation office, you will be asked to fill out a financial intake sheet so that the court can determine whether you are eligible for a court-appointed lawyer.
If a lawyer is assigned to your child’s case, you should also speak to your child’s lawyer to give them any helpful information about your child. Unfortunately, you may have to sit in court for a few hours before your child’s case is called. You should wait in the hallway outside the juvenile courtroom.
Who decides whether my child goes home?
When your child has been charged with a crime or is being accused of violating the terms of their violation, the judge makes the decision on whether to release your child, set bail, or hold your child in custody without bail.
What happens if my child is held on bail?
If your child is not released and a bail is set, you can bail your child out from the courthouse or from the Department of Youth Services (DYS).
Bail must be paid in cash or money order, and will be returned to you once the case is over. If you bail your child out at DYS, it costs an extra $40 for the bail bonds person, which you do not get back. Be sure to call DYS to let them know you are coming to bail out your child.
At the time you post bail, you are given a receipt. When the case is closed go to the main juvenile clerk’s office of the county in which your child’s case originated and present that receipt and your identification to get your bail money returned.
How do I find out where my child is located when they are with DYS?
Information about placements may not be available until late in the afternoon on the day your child is placed in DYS. Call the area intake office closest to where you live and they will be able to tell you where your child is being held. You can then call this program to find out visiting times and rules.
Metro Boston: (617) 740-0211
Central: (508) 368-4270
Southeastern: (508) 828-3838
Western: (413) 568-8636
Northeastern: (978) 646-2300
Can the alleged victim drop the case?
The alleged victim does not have the authority to drop a case. Only the prosecutor can decide to drop a case. Even where the alleged victim is saying he or she wants the case dropped, the prosecutor can still go forward with the case and choose not to dismiss it.
Can I talk to the alleged victim (or the victim's parent if he or she is a child)?
You should not speak to the alleged victim or the alleged victim’s parent or family. Talking to them could get you or your child in serious legal trouble, especially if the judge has ordered that your child stay away from the alleged victim. A judge cannot order you, as a parent, to stay away from somebody since you are not the defendant. However, most stay-away orders say your child cannot have any direct or indirect contact.
Therefore, a parent contacting an alleged victim or his family may be construed as indirect contact. If you are on friendly terms with the family of the alleged victim, speak to your lawyer about whether to talk to them.
What will my role be in the courtroom?
Your role in court will be to provide emotional support for your child. You should speak to your child’s lawyer about your child’s personal history, such as difficult circumstances that they have faced and how well they are doing at home and in school. Since it is your child who has been accused of a crime, your child will be the one to make decisions about the case, such as whether to go to trial or plead to the case.
If the police want to talk to my child, what should I do?
You should politely and respectfully ask the officer why they need to speak to your child. You can tell the officer that you wish to consult with an attorney before allowing your child to speak to the police. It is important to keep in mind that anything your child says to the police can be used against him/her. It is best to consult an attorney before allowing the police to speak with your child. To consult with an attorney, you can call the Youth Advocacy Department at (617) 988-8339 to be directed to a YAD attorney in your area
What happens when my child is on probation?
When your child is on probation, they have to follow rules that a judge has set. Your child must follow these rules to show the judge that more serious steps do not need to be taken to help your child stay out of trouble with the law.
Usually, the judge will set conditions like:
- Follow all state and federal laws
- Go to school (or to work) on time every day
- Obey the rules of the home
- Report to a probation officer or program
- Pay money if property was stolen or damaged
- Follow a curfew
- Get permission to prior to traveling outside Massachusetts
While your child is on probation, they will be assigned a probation officer (“PO”) who will regularly check on how your child is doing at school and at home. The PO will interview both you and your child. Keep in mind that the PO may talk to the judge or others about your child. Therefore, you should be careful about what information you share with the PO since it is not a confidential conversation.
Do I have to let a probation officer in my home?
Yes. Probation officers have the right to visit and meet with probationers.
What happens when my child is held at the Department of Youth Services (DYS)?
If your child has an open case and is held on bail, or without bail, they will be held at a detention unit that is operated by DYS. While held there, they will have access to medical and educational services. There are also clinicians and caseworkers who may check in with your child. You should call the facility to get information on visiting times and rules.
What does it mean if my child is "committed" to DYS?
If your child is committed to DYS, they will have physical custody of your child until his 18th, 19th, or 20th birthday, depending on how old they are when they are committed. You will maintain legal custody of your child.
A meeting called a staffing will be held 30 to 45 days after your child is committed to DYS and a plan for his placement will be discussed. It will be important for you to attend this meeting to advocate for what your child needs. Before this meeting, a representative of DYS will contact you to get information about your child, their development, life growing up, etc. in order to write a case history of your child. DYS wants to have the most comprehensive information about your child so that they can best work with them. The youth will then go to a residential or secure (locked) facility for a period of time and thereafter may be released home to follow DYS rules for the rest of the commitment.
Periodic meetings will be held regarding your child’s progress within DYS. It is important to try to attend these meetings so you can be kept up to date. If your child is eventually returned to your home, they will be required to live under DYS rules. Your child and their DYS community caseworker will sign a contract called a Grant of Conditional Liberty (GCL). If your child violates any of these rules, DYS can take your child back into their physical custody.
What else can happen to my child and/or my family as a result of my child's court-involvement?
There are many potential consequences to a juvenile or criminal prosecution. Some of the major potential consequences include: deportation, school expulsion, eviction from public housing (this could apply to the entire family), loss of driver’s license, difficulty getting a job, registration as a sex offender, and loss of voting rights. These are possible consequences and do not apply to all cases. Anyone who has a case pending should ask their lawyer if these or other consequences might apply to them.
Innocence Program
How can I apply for the program?
You can apply for the Innocence Program by filling out one of the below questionnaires. Kindly only send us the questionnaire and no other case-specific material unless and until we ask for more information.
Request help (Defendants)
Request help (Current or former attorneys)