SJC Toughens Access to Court-Appointed Attorneys | Manzi ...

The Massachusetts Supreme Judicial Court (SJC) has made it it harder for criminal defendants to get court-appointed attorneys. ?In three decisions last week, the court upheld a rule allowing the income of a defendant?s spouse to be considered in determining eligibility for court-appointed counsel. ?The court also ruled the income and assets of a defendant?s girlfriend and mother (with whom he lived) could also be considered. ?Further, the SJC ruled that an IRA (Individual Retirement Account) can be considered in determining a person?s qualifications.

The SJC also ruled that a defendant seeking court-appointed counsel for his criminal defense has the burden to prove his indigency by a preponderance of the evidence.

These rulings were the result of three SJC decisions: Commonwealth v. Porter, Commonwealth v. Fico, and Commonwealth v. Mortimer.

If you have been deemed ineligible for a court-appointed attorney in a criminal case or have had your eligibility revoked, call the Law Office of Manzi, Seccareccio & Merwin, P.C.

Source: http://msmlawgroup.com/sjc-toughens-access-to-court-appointed-attorneys/

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