Tag Archives: BBA Task Force

Justice Decades in the Making

In mid-March, the Massachusetts SJC handed down Commonwealth v. Robert D. Wade, the first case that relied on the 2012 law codified at G.L.c. 278A “An Act providing access to forensic and scientific analysts.”  The court held for the defendant, granting him an evidentiary hearing on the use of post-conviction DNA tests of evidence collected in 1993.  In its decision, the SJC relied extensively on legislative history and legislative intent to interpret C. 278A. 

We are pleased with the SJC’s ruling and proud to have played a role in this process over the course of nearly seven years. Here’s a brief recap:

Our work is having a real impact today.  Hard work of legal experts, persistence and patience with the legislative process really can advance the cause of justice and improve the criminal justice system.

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
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Update on the BBA Statewide Task Force to Expand Civil Legal Aid in Massachusetts

The BBA Statewide Task Force to Expand Civil Legal Aid in Massachusetts met for the fifth time at the end of January.  We are making great progress as we gather facts, information, and real life stories of people whose lives have changed for the better because of assistance they received from legal aid attorneys. 

The Task Force is composed of 27 leaders in the Boston legal community, including representatives from private practice, in-house counsel, academia, every branch of government, and legal services.  The Task Force was formed in the spring of 2013 and has had regular meetings almost every other month. 

In early meetings, Task Force members worked to draft surveys for legal services providers and judges to quantify facts and observations on civil litigation and aid.  They devised three surveys and sent them out to the appropriate players.  The Task Force created two legal services surveys – a “use of funds” and a “turn-away” survey.  These surveys would show how many cases legal services providers completed in a year, how many people they turned away over two single-week periods, and how much legal assistance they provided short of representation.  Results are still coming in, but the legal aid providers have been extremely supportive, helping us reach nearly 100% participation.

The “judges’ survey” asked for judges’ observations on unrepresented civil litigants in their courtrooms and for their ideas on how to increase representation.  Thanks to the support of Chief Justice Paula Carey and her staff, we were able to electronically distribute the Task Force’s survey to all 400 Massachusetts state court judges.  So far, nearly 100 judges statewide have responded with thoughtful and well-reasoned answers. 

Our outside analysts who are donating their time pro bono are still analyzing the data, drawing conclusions, and working to find ways to graphically represent the numbers in a meaningful way. 

They are also working on three in-depth studies to quantify potential cost-savings for the Commonwealth from civil legal aid funding.  These studies are in the areas of domestic violence; housing, evictions, and homelessness; and federal benefits that can flow into the state as a result of civil legal services.  All of these studies are nearing completion.

Finally, the Task Force was able to put a human face on the numbers we had been talking about for months.  In November, we were joined by a legal services client who was able to escape homelessness with her young daughter thanks to civil legal aid.  In January, we heard from a client who regained child custody from an abusive spouse.  Their stories were moving and provided striking examples of why the Task Force’s work is so important – the successful resolution of their legal matters would not have been possible without the assistance of a civil legal aid attorney.

The Task Force has two remaining meetings in the spring when it will draft and finalize its much anticipated report.  We will keep you updated on all its latest news.

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
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