Monthly Archives: September 2010

Lawyer Legislators: Post Primary Recap

It’s encouraging to see that several lawyers remain candidates in races for statewide office following the state primary elections.  As mentioned last week, several veteran lawyer legislators have chosen not to seek reelection this year.  A notable loss is Senator Steven Panagiotakos, the current chair of the Senate Committee on Ways & Means, who announced earlier this year that is stepping down in order to pursue other challenges. 

In spite of these losses, the number of lawyer candidates that remain may not result in a net loss in the number of lawyer legislators in the State House.  In the House there are 10 lawyer legislators that are not seeking reelection.  Of those 10 seats, 6 do not feature a single lawyer candidate in the general election while 2 feature only lawyer candidates.  The other 2 seats have one lawyer candidate in the general election.  Additionally, there are 5 more races in which there is a lawyer candidate on the general election ballot.

In the Senate there are 4 lawyer legislators not seeking reelection. Half of those seats do not have a lawyer candidate and the other 2 races each have one lawyer running.  Interestingly, there are 2 current lawyer House members running in different open Senate races.

While the BBA has not and will not endorse political candidates, we commend those that choose to utilize their legal education and skills by becoming public servants.  Lawyers and legislators share the same drive: to use law to protect the public’s rights and to improve society.  Lawyers make good legislators no matter their party affiliation because the education and training involved gives lawyers analytical and oratorical tools that prove exceptionally useful in the legislature. 

Still, it requires an enormous amount of disciple and balance for lawyers to maintain an active practice and serve as a legislator (not to mention a healthy personal life).  A former lawyer legislator and reader who served 3 terms in the Massachusetts House of Representatives noted in a comment on last week’s blog post that, “Combining a law practice with legislative duties is very difficult as the time demands of legislative business in Boston and of constituent servicing in the district are great.  Contrary to public perception, being a legislator harms, rather than helps, the development of the law practice as so much time is spent away from the office.”

Hopefully lawyers will continue to answer this call for public service by choosing to run for elective office.  Regardless of your politics, please remember to vote in the general election on November 2nd.

-Kathleen M. Joyce

Government Relations Director

Boston Bar Association

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Lawyer Legislators: An Endangered Species?

The BBA values its relationship with the Massachusetts Legislature.  Lawyer legislators, in particular, understand the issues important to the private bar.  A quick look at the bills that the BBA filed this past session shows that almost all of them were filed by the chairs of the Joint Committee on the Judiciary.  The two chairs of that committee, by no coincidence, are lawyers.  Senator Cynthia Creem is a practicing domestic relations lawyer and Representative Eugene O’Flaherty is a criminal defense attorney.

In general, lawyer legislators are the exception to the rule.  It may surprise you to know that only 62 of the 200 legislators in the Massachusetts Legislature are attorneys.  That breaks down to 50 of the 160 House members and 12 of the 40 Senate members.  Law school, which was once a popular educational path to Beacon Hill, is no longer quite as common.  Today lawyer legislators are a minority among their colleagues.  This makes it increasingly more important to foster our relationships with those in the Legislature who understand the BBA’s issues like access to justice, criminal justice reform and even our complicated trusts & estates issues.  More and more we rely on lawyer legislators to educate and convince their non-lawyer colleagues that issues critical to the practice of law and the administration of justice demand action by Commonwealth.  It’s safe to say that the lawyer legislators we do have are overwhelmed at times with this task.

Recent events have shifted the political winds.  An independent political movement has shaken up some of the legislative races in Massachusetts this election season.  The next few weeks will be interesting.  Promising some turnover, there are 26 House seats and 8 Senate seats in which the incumbent is not running for reelection.  Of the 26 House members not seeking reelection, 10 are lawyers.  Half of those races don’t even feature a lawyer as a candidate.  On the Senate side, half of the 8 Senators not seeking reelection are lawyers and one of those races does not include a lawyer candidate.

Next Tuesday the 14th is the state primary and the general election is November 2nd.

-Kathleen M. Joyce
Government Relations Director
Boston Bar Association
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