BBA Comments to the Courts

In the spirit of celebrating the accomplishments of the program year that will soon draw to a close (Sept. 1 – Aug. 31), the BBA would like to highlight the work of its members in making an impact on the SJC rulemaking process.  The BBA regularly comments on proposed amendments and rules changes, creates task forces to study and help solve critical issues of interest to the Commonwealth, and also articulates its public policy positions through the filing of amicus briefs.

In this past program year, our membership has actively addressed several important issues in the Commonwealth’s courts. 

Rule 4:03

Periodic Assessment of Attorneys

In December of 2008, the BBA’s Delivery of Legal Services Section helped garner the BBA’s support of the Access to Justice Commission’s proposal to the Supreme Judicial Court that it amend Rule 4:03 “Periodic Assessment of Attorneys” by adding to the annual registration fee a contribution of $50 to support civil legal services.  The contribution would be voluntary and the attorney registrant could opt-out of the contribution.  This Spring the SJC agreed and approved the Access to Justice Commission’s proposal to include an optional registration fee.  In fact the court increased the contribution amount to $51

The BBA has always been and will continue to be a strong advocate for ensuring that everyone has equal access to justice, and funding for civil legal services is a key component to making this a reality. 

Look for this change in your annual registration form starting September 1, 2010.

Rule 3:01 and New Rule VI of the Board of Bar Examiners

Foreign Attorney Admission

The BBA’s diverse membership includes many lawyers whose educational and professional backgrounds span the globe.  In 2006, the BBA convened The Study Group of Foreign Attorney Admission to examine Massachusetts’ admission requirements for foreign-trained attorneys.  After careful study, this Group developed recommendations reflecting proposed guidance derived from two Supreme Judicial Court cases, Wei Jia v. Board of Bar Examiners (1998) and Osakwe v. Board of Bar Examiners (2006).  The BBA believes that the key criteria for eligibility to take the Massachusetts bar exam should be legal education requirements, including both general education in common law and particular education in American law.

The SJC invited comments on the changes and the BBA, with help from its International Law Section, submitted comments requesting that Rule 3:01 and New Rule VI provide greater clarity and transparency in the rules, and better consistency by the Board of Bar Examiners in its application of them.  Happily the SJC approved the amendments to both rules.  These changes became effective July 1, 2010.

Standing Order 1:09

Sealing of Criminal Cases

Last year, the BBA voted to support a proposed interdepartmental order to Chief Justice Charles Johnson of the Boston Municipal Court.  The proposal came from one of our oldest partners, Greater Boston Legal Services.  The interdepartmental order would permit individuals to seek in one court the sealing of criminal cases that have been disposed of in other courts.  The previous process for sealing a criminal record could be cumbersome when an individual had several cases in different divisions of the trial court.  Not only did an individual need to travel to each court, but because the previous statute required two hearings before any individual motion to seal was blocked, it was necessary to travel to each court twice.

Chief Justice Johnson agreed to implement this innovative approach to case management.  He signed Standing Order 1:09 in May 2009 as a one-year pilot project.  This past winter, at the urging of our Delivery of Legal Services Section, the BBA requested that the standing order be extended for another year.  Chief Justice Johnson agreed and extended the order through May 14, 2011.

– Kathleen M. Joyce

Government Relations Director

Boston Bar Association

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