Tag Archives: justice

Cash-Strapped Courts Cut Again

How any organization can absorb almost $100 million in cuts to its funding over a period of three years seems unfathomable.  But, we’re not talking about just any organization here.  We’re talking about the branch of government responsible for interpreting and enforcing the laws of our Commonwealth.

Earlier this week, Supreme Judicial Court Chief Justice Roderick Ireland and Chief Justice for Administration and Management Robert Mulligan issued a joint statement responding to the Judiciary’s Fiscal Year 2012 appropriation.  Describing the impact that the state budget will have on court operations, the statement included a list of eleven potential courthouse relocations.  The Chief Justices also asked Governor Patrick to stop appointing Trial Court judges for FY12, citing that for each new judge appointed, three members of the court’s staff will have to be laid off.

The issue of adequate funding for the state courts is not new.  The Judiciary has responded admirably to the fiscal pressures of the past three years, but it cannot absorb any more reductions without undermining its constitutional obligation to protect the safety and welfare of our citizens.

If the court consolidations as outlined by Chief Justice Ireland and Chief Justice Mulligan become a reality, there will be undeniable economic and social consequences.  Courthouses are hubs for local businesses that thrive on the thousands of people who use Massachusetts’ courts every day.  Inexorably tied to their surrounding communities, courthouses often harness the power of the justice system to address local problems.  They form creative partnerships and relationships with residents, merchants, churches, schools, and community groups.

Relocating and consolidating courts can also present serious accessibility and public safety issues.  This will mean some people will no longer have access to public transportation even to appear in court.  Court relocations will require litigants to take more time off from work just to settle disputes.

We cannot continue to cut the Judiciary’s budget and expect our court system to deliver the same standard of justice to which we have become accustomed.  It is our responsibility – as lawmakers, judges, and citizens of the Commonwealth – to work together to ensure that justice continue to prevail in Massachusetts.

-Kathleen Joyce

Government Relations Director

BostonBar Association

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Funding the Courts is Good Business

Identifying the things we stand for as an association is essential.  Without question, one thing that the BBA has always stood for is equal access to justice for all.  This is a fundamental part of the BBA’s mission and something that the BBA works on throughout year.

A key component of equal access to justice for all is adequate funding for the judiciary.  Alas, it’s no secret that the courts have been underfunded for years and the problem is getting worse.

Figuring out “why” something matters to us is just as important.  Our support for funding for the courts may seem obvious; we are a professional association of lawyers so it makes sense that we would want the courts to have the money necessary for delivering justice to all.  But our support goes beyond our allegiances as attorneys, and the impact of grossly inadequate funding for the judiciary reaches beyond the courtrooms and halls of law firms and into the boardrooms of major corporations.

Conversations focused on court funding and what the BBA can do to help often find their way onto our Council agendas.  And when court funding isn’t an agenda item it’s talked about in small groups before or after the meetings.  Even a cursory glance around our Council table will reveal that the BBA’s governing board is made up of several representatives from the business community.  Of our 34 member body, we have seven in-house counsel from global companies employing thousands of residents throughout the state.  Like their colleagues working in other sectors, in-house counsel believe adequate funding for the judiciary is critically important.

Here are some of the reasons why:

  • A well run Superior Court Business Litigation Session provides a valuable forum for resolving major commercial disputes;
  • Court delays and backlogs mean that employees have to take more time from work to appear in court, resulting in lost wages for the employee and lost productivity for the employer;
  • Delays in resolving civil cases drive up costs for companies and can postpone business transactions, mergers, and acquisitions.  This may diminish the appeal of the business environment in Massachusetts.

Putting a dollar figure on these delays is difficult.  One thing we do know: an inadequately funded court system is bad for the Massachusetts economy.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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CORI Reform Is Just a Start — Sentencing Reform Is a Must

The BBA retains a spirit of dogged optimism as we wait for sentencing reform.  With just three months left in this two year legislative session and the Senate preparing to release their budget in less than two weeks, the legislature is moving closer to meaningful sentencing reform.  There have been years of protests, legislative proposals and public hearings.  But the sad truth is that the current system makes it extremely difficult for former offenders to straighten out their lives. 

Publicly the Governor, Senate President and House Speaker have all expressed their support for some sort of Criminal Offender Record Information (CORI) reform.  The Senate did so most recently in December with the passage of a CORI bill that also included sentencing law changes for non-violent drug offenders.  The word is that the House will act within the next two weeks.  Let’s hope that their proposal doesn’t stop at CORI reform and includes meaningful sentencing reform.

For more than 20 years the BBA has been studying and advocating on these issues and strongly believes that it’s time to finally make these measured changes a reality.  We have sponsored and encouraged thoughtful study of our criminal justice system recommending changes — including repeal of most mandatory sentencing laws.   

In the present fiscal crisis, their adoption would have significantly positive economic and social impacts.  A combination of CORI and sentencing reform, plus post-release supervision, would accomplish cost-effective changes in our criminal justice system that enhance public safety, and facilitate offender re-entry and employment, while saving judicial and correctional resources for the most serious offenders. 

Employers often use CORI reports to help screen out prospective job applicants. On one side of the debate are supporters of the current CORI law who say access is needed to protect employers from hiring someone who might be a liability to their business. On the other side of the debate are the critics who contend that the widespread use of CORI reports often prevent ex-convicts from starting over and that an individual who has already paid his or her debt to society should be given a second chance and would be less likely to re-offend if they did not have to overcome barriers to employment, housing and other services.

The CORI law was created to control the release of information concerning an individual’s prior criminal history.  Initially limited to law enforcement officials, the law has been expanded to provide access to other organizations, particularly those that service children, the elderly and the disabled.  Maintaining accurate CORI information is important, as these reports can include not only an individual’s prior convictions, but also any pending charges as well as cases that ended without a conviction. This can include cases where the individual was found not guilty, or the charges were dismissed.  We need to find the balance between access and disclosure.

Ex-offenders, including those who have successfully completed a term of imprisonment, must be encouraged to obtain and retain productive employment.  Employed ex-offenders are able to support and house themselves, rather than remain an economic burden to the Commonwealth.  Right now, those with minor or long dormant criminal records confront complicated hurdles due to the way CORI records are handled when the ex-offenders seek employment or housing.  The current system is confusing and complicated and some employers have access to criminal information while others don’t. 

There seems to be support for some sort of CORI reform throughout the legislature. But CORI reform and sentencing reform must be viewed as interconnected parts of the solution.  CORI reform is not going to be as effective if inmates serve lengthy sentences that preclude access to re-entry opportunities.  Parole and work release eligibility for drug offenders would help transform appropriate candidates from expensive correctional burdens to contributing members of society. 

Sensible sentencing reform must include post-release supervision, and a system of presumptive post-release supervision for all offenders incarcerated in state prison. It’s intelligent and fiscally responsible and would avoid the current practice in which offenders often are released directly to the community after serving the maximum term of their sentence, without any transitional period.

The Commonwealth is now experiencing the most severe fiscal crisis in decades and this provides us with an opportunity to enact responsible sentencing and CORI reform.  Simply put, every offender who makes a successful return to the community as a result of these measures will be one less financial burden to the taxpayers of this state, and our communities will be made safer in the process.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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