Tag Archives: justice system

State House Happenings

Today, May 17th, marks the day that Massachusetts joins the 48 other states that provide post-conviction access to DNA and testing.  Getting to this point has been a long time coming as bills providing for such testing have been filed for years in the legislature.  The BBA’s involvement began in 2008 with the formation of the Task Force to Improve the Accuracy and Reliability of the Criminal Justice System.  Since then, the BBA and our partners have been working on this issue and we’re pleased that the standard now in Massachusetts will be a statutory right for a defendant to obtain access to forensic and scientific evidence in their case.  To read more about the new law check out this article by Professor David Siegel of New England Law | Boston and Gregory Massing, Executive Director of the Rappaport Center for Law and Public Policy.

Come on Oklahoma, make it 50 for 50!

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Yesterday, May 16th, the Massachusetts Senate Ways and Means Committee released its proposed budget.  Senators have until Friday, May 18th to file any amendments either on behalf of themselves or their constituencies.  The full Senate will debate the budget beginning the week of May 23rd.

The BBA views funding for the justice system as more than just the sum of its parts.  From our vantage point, adequate funding is a fundamental challenge facing the entire justice system – Committee for Public Counsel Services, District Attorneys, civil legal services providers and our state courts.  As we continue to look at the needs of the entire system and exactly what is needed to serve the people of the Commonwealth who rely on the justice system every day, we will keep a watchful eye on what happens in the Senate next week.

While the salaries for assistant district attorneys are still abysmally low, D.A.’s fared marginally better in the Senate budget proposal than they did in the House.  Below is a closer look at the other pieces of the justice system’s budget – the Trial Court, the Massachusetts Legal Assistance Corporation and CPCS:

The Massachusetts Trial Court – The Trial Court’s request for FY13 was $593.9 million

  • Senate budget proposal – $561.9 million
  • House budget – $560.9 million
  • Governor’s budget – $429.7 million (moved the Probation Department to the Executive Branch)

* The Trial Court estimates that the Governor’s budget for the Trial Court with the Probation Department included would be $568 million

The Massachusetts Legal Assistance Corporation – MLAC’s request for FY13 was $14.5 million

  • Senate budget proposal – $11 million
  • House budget – $12 million
  • Governor’s budget – $12 million

Committee for Public Counsel Service – CPCS’s request for FY 13 was $186.4 million.

  • Senate budget proposal – $162.4 million.  Neither the Senate Ways and Means budget proposal nor the House budget includes a mandated staff expansion that the Governor’s budget proposed.
  • House budget: $162.6 million
  • Governor’s budget: $164. 5 million – proposes a CPCS expansion increasing the 25% staff model to a 50% staff model to handle indigent criminal cases.

We urge you to call or email your state senator (if you don’t know who your state senator is, look it up here).  Ask your state senator to co-sponsor and support Senator Creem’s amendment to increase the MLAC line item to $14.5 million.  Also, ask your state senator to urge Senate President Murray and Chair of the Senate Ways and Means Committee Brewer to support Senator Creem’s amendment.

-Kathleen Joyce
Government Relations Director
Boston Bar Association
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The Low Down on Judicial Salaries

Next Wednesday, May 16th, the Massachusetts Senate will release its proposed Fiscal Year 2013 budget.  The Senate debate on the budget will begin the week of May 21st and the BBA is still pressing for more money for our justice system – in particular for our state courts and for civil legal aid.  The need for increased funding and the impact of an inadequately funded judiciary have been described most recently here and here.  Fundamental to the administration of justice – and an important piece of the justice system puzzle – is the full and fair compensation of our state court judges.  Being able to recruit and retain the highest caliber of judges is an integral part of our ability to provide the highest quality of service to all people who use our courts.

While we appreciate the gravity of the current economic conditions, especially when it comes to the state budget, it’s of serious concern that salaries for Massachusetts trial court judges rank 47th in the country.

Some sobering facts…

  • The last salary increase for Massachusetts state court judges was in 2006.  The previous salary increase was in 2000.
  • In 2008, Governor Patrick appointed the Advisory Board on Compensation, now known as the Guzzi Commission, to study the adequacy of compensation of high-level officials in the executive, legislative and judicial branches of state government.  The Guzzi Commission’s recommendations included a salary increase for judges indexed to the Consumer Price Index for Urban Workers for the Northeast Region.
  • The National Center for State Courts released its latest Survey of Judicial Salaries in July 2011 with alarming news for Massachusetts.  The report found that Massachusetts judges’ salaries ranked in the bottom half nationally for judges in the highest court, appellate court and trial court.  With cost of living adjustments, Massachusetts Trial Court judges’ salaries rank 47th in the U.S.

The BBA has been looking at this issue for more than twenty years, and this issue has come into focus again with legislation that has been filed by Representative Ellen StoryH 2265, An Act relative to the compensation of judicial officers and cost of living adjustments, would provide our state court judges with adequate salaries and a mechanism for keeping them consistent with the cost of living.

In 1992 the BBA’s Committee on Judicial Compensation issued a report, A Call for Continued Excellence: Fair Compensation for Our Judges and Judicial Employees, concluding that by almost every relevant statistical measure, compensation levels for judicial system employees are inadequate.  The Report went on to say that the inadequacies in compensation levels have a negative impact on the ability to retain experienced judges and court personnel, efforts to recruit qualified candidates and morale of court personnel.  The Report also recommended that a permanent mechanism be established whereby judicial salaries would be indexed to the inflation rate or to cost of living increases.

The BBA revisited the issue in 2000.  That group’s report, Judicial Salaries in Massachusetts, concluded that judges in Massachusetts remain under compensated compared to judges in other states, the federal system and to junior attorneys.

H 2265 is consistent with the principles that the BBA supports on this issue: adequate compensation of judges and the institution of a permanent mechanism that makes annual adjustments to reflect cost of living increases.  These things are fundamental to the administration of justice and need to remain a high priority regardless of the economic straits of the Commonwealth.

-Kathleen Joyce
Government Relations Director
Boston Bar Association
Comments are disabled for this blog.  To share your comments e-mail issuespot@bostonbar.org

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