Tag Archives: law

Statehouse Update

This week both Governor Patrick and Speaker DeLeo outlined their priorities for the upcoming year.  In his final State of the Commonwealth on Tuesday night, Governor Patrick emphasized investments in education, innovation, and infrastructure. 

The next day, Speaker DeLeo addressed the entire House of Representatives, listing an increase in minimum wage coupled with business-friendly reforms, stricter gun control laws, and a domestic violence bill as three of his top issues. 

As we focus on legislative and budget activities at the Statehouse it’s important to realize that although this legislative term may appear uneventful from the outside, it has been full of activity.  Even without high-profile debates on big-issue bills there’s a lot going on. 

Take for instance, the fact that there has been an unprecedented amount of turnover in elected officials and leadership positions.  Recently, long time House Chair of the Joint Committee on the Judiciary, Representative Eugene O’Flaherty, announced his resignation to become corporation counsel to Boston Mayor Martin Walsh.  This leaves the House chairmanship open.  Meanwhile, Senator William Brownsberger has only held the Senate chairmanship of the Judiciary Committee for a matter of weeks. 

Other leadership positions currently vacant include the House second assistant majority leader and the chairmanship of the House Ethics Committee.  These positions will all be filled in the coming weeks.

Legislatively, the statehouse is poised to take action on a number of laws.  Significant bills addressing welfare reform, compounding pharmacies, and veterans services remain in conference committees.  Just last week, a group of lawmakers held a press conference in support of a juvenile justice bill comply with the Supreme Judicial Court’s ruling in Diatchenko.  The bill requires that juveniles convicted of first degree murder serve 35 years before parole eligibility. 

From a budget perspective – the Governor’s budget has been released and we now turn our attention to the House and Senate as they develop their budget numbers.  The House Ways & Means Budget will come first in early April, followed by House and Senate budgets in the following months.  A final budget will be ready by July 1st

All in all, every indication points to a very eventful next few months as staffing and leadership positions are filled and legislation and budget discussions come to the fore.     

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
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Alimony Reform . . . Seeing the Light at the End of the Tunnel

At its April meeting, the BBA Council voted to support S 665, “An Act to Reform and Improve Alimony,” co-sponsored by Senator Gale Candaras and Representative John Fernandes.  This bill, the result of a Herculean effort led by the Legislative Alimony Reform Task Force, is the result of thoughtful discussion and negotiation.  The final product provides a structure that gives durational and amount limits to alimony orders while giving the court the ability to consider the facts and circumstances of each case, which is key to preserving judicial discretion within the framework of reform.  Our Family Law Section has taken it one step further and has provided additional comments for the Legislature to consider.

The Legislative Alimony Reform Task Force was convened to bring all parties with an interest in alimony reform together in one room to collaborate on a single, compromise piece of legislation. The Task Force constituted one of the broadest groups of family law stakeholders possible, including Chief Justice Paula Carey of the Probate and Family Court in an advisory capacity, and representatives from the BBA, the Massachusetts Bar Association, the Women’s Bar Association, father’s rights groups and private family law practitioners.  Members met for marathon sessions over fourteen months under strict confidentiality  —  trudging through various alimony reform proposals already in existence and working together on each piece of the new legislation.  The BBA’s Family Law co-chair, Kelly Leighton, acted as the BBA’s liaison throughout the process.

The call to reform alimony laws in Massachusetts has gotten louder and louder over the last several years.  These laws have a direct impact on the lives and livelihoods of so many people throughout the Commonwealth.  The current laws give little discretion to judges to set a termination date on alimony payments absent a significant change in the lives of the two parties. Often there is little consistency in alimony rulings because of the ambiguities in the current statutes.

We aren’t the first group calling for change in this area of the law, and it was only after our collaboration with other groups that it appears Massachusetts will finally benefit from legislative reform.  Our work on this started years ago, when the BBA and the MBA convened a joint task force to study the alimony issue and make recommendations.  In 2010 the BBA endorsed the report of that joint task force, which was utilized in the drafting of “An Act to Reform and Improve Alimony.”

Although the alimony reform process may still take some time, it certainly looks like Massachusetts will finally have an alimony system which is consistent while allowing for judicial discretion.  Legislators rely on groups like the BBA to help frame issues in a way that can bring about meaningful change.  The next step in the process is to weigh in publicly with our support when the Judiciary Committee schedules a public hearing on this issue.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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Here Comes the House Budget. . . Now What?

When all is said and done, what is the cost of trying to provide access to justice for all?

Next Wednesday, April 13th, the Massachusetts House of Representatives will release its version of the state budget.  The budget is much more than a list of dollar figures for particular programs. Rather it’s actually a reflection of decisions that help frame the values and priorities for the state.  The decisions reflected in the state budget affect the everyday lives of Massachusetts residents and have a strong bearing on the quality of education in Massachusetts, the level of health care services, safety of communities and so much more.

The budget is the most important bill to move through the Legislature each year.  The BBA has been working for months to advocate for level funding for legal services and the state courts while continuing to urge adequate funding for CPCS and the District Attorneys as well. To be an effective advocate, it is important to understand how and when to make an impact on the process, and ultimately the outcome.  This means knowing what to look for when the budget is posted online next week and how to respond.

Our 3 step state budget review process is:

1) Check the line items for the specific accounts the BBA has been working on.  For example, we are hoping to see that the Massachusetts Legal Assistance Corporation line item 0321-1600 will be level funded at $9.5 million.

2) Check the language of the line items for any earmarks.  Earmarks sometimes appear in a budget item and direct a portion of the money to a particular program.

3) Read the outside sections.  These sections often affect appropriations in the budget or contain policy that would make permanent changes in the General Laws.

The BBA has been anticipating the release of the budget.  For the past two months, we have been campaigning alongside our partners at the Equal Justice Coalition for adequate funding for legal services.  We have been working closely with the Judiciary to determine how best we can help them make their case that adequate funding for the courts is essential to everyone in Massachusetts.  BBA sections have reviewed and studied the proposal relative to the Probation Department and CPCS that was included in the Governor’s budget.  We know that the Governor’s transfer of CPCS to the Executive Branch means those line items have been stricken from the Judiciary accounts.  But public statements from the Speaker indicate the House budget will keep CPCS in the Judiciary.

 No, we’re not done.  Once the House budget is released, we will analyze the priorities articulated and develop an appropriate response.  For the BBA to make an impact on the budget process we have an obligation to speak up in support of our partners and serve as a resource for the growing number of legislators who are not as familiar with some of these issues as they might like.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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We’re Making Progress in Debt Collection Reform

As a membership organization with nearly 10,000 members, issues of public policy and opportunities to comment and suggest reforms routinely present themselves to the Boston Bar Association (BBA).  The BBA Council has adopted policy positions on a wide variety of issues.  Once a position has been approved, many of our members wonder, “What now?”

The answer usually depends on timing – the timing of Council approval in relation to what the Legislature is focusing on at that particular moment.  The salience of an issue often dictates how much traction it will have in the Legislature and other governmental agencies.  Unfortunately, forecasting what will capture the attention of government officials is more of an art than a science.  So advancing BBA positions demands patience and perseverance.

Just one example. . .When word came to the BBA last Friday that the Attorney General was submitting proposed updates to its Debt Collection Regulations to provide stronger consumer protections, we were thrilled.  As noted in Issue Spot last August, the BBA’s Consumer Finance Committee wrote a report proposing updates to the current regulations to reflect the real world today.

Many of the proposed updates submitted by the BBA group are found in the proposal submitted by the Attorney General’s Office.  These changes will provide substantial relief for debtors that have been subjected to unfair collection practices not covered by the current regulations.

Before the regulations are updated, there is a comment period and a hearing scheduled on May 18th.  Members of the BBA Consumer Finance Committee will present testimony on the Attorney General’s proposal to express the BBA’s support for these important modernizations of debt collection practices.  The BBA is proud to work with the Attorney General’s Office and all other agencies where the expertise of our membership can be useful.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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LSC Fighting Off Federal Cuts

Legal services providers face another yet another blow – following last week’s announcement that the new House Appropriations Committee has proposed a $70 million cut to the Legal Services Corporation (“LSC”) for Fiscal Year 2011.  This immediate cut would be catastrophic to the delivery of legal services in Massachusetts because it would mean an 18% reduction in LSC’s annual funding.  (Because we are already half way through the current fiscal year, legal services providers tell us this actually translates to a 36% cut.)

There have already been serious reductions in other funding sources upon which LSC-funded programs also depend – especially Interest on Lawyers’ Trust Accounts (“IOLTA”). As we noted in a previous post, record low interest rates and reductions in the number of real estate transactions have resulted in dwindling IOLTA revenues.

What the House Appropriations Committee proposed last week is in contrast to what President Obama’s unveiled his budget this week.  For Fiscal Year 2012, President Obama actually proposed an increase of $30 million for LSC.

LSC provides grants to independent local programs and currently funds 137 local programs, serving every county and Congressional district in the nation. LSC distributes 97% of the funds it receives to these programs.  Massachusetts has four LSC-funded programs: the Volunteer Lawyers Project of the Boston Bar Association, the Massachusetts Justice Project, Merrimack Valley North Shore Legal Services and the New Center for Legal Advocacy.

If this mid-year cut goes through, the entire legal aid delivery system in Massachusetts will suffer.  LSC has a big budget battle ahead of it. The BBA has already tried to do its part.

Today (February 17th), BBA President Don Frederico sent every member of the Massachusetts Congressional Delegation a letter urging no cuts in LSC funding. We will also join the American Bar Association in D.C. this April to lobby for funding for Fiscal Year 2012.  We urge Congress to adequately fund legal services to provide access to justice for poor people in the United States.

N.B. Some organizations in Massachusetts, such as Greater Boston Legal Services, do not receive LSC funding, and they still need our help.  That budget battle – to hold onto level funding – has just begun in the state Legislature.  Please be sure to join us next week at Walk to the Hill.  The event has been rescheduled for Tuesday, February 22nd at 11:00 AM in the Great Hall at the State House.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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Debunking Legal Aid Myths

On Monday, the Boston Herald’s website ran an item from the Associated Press mentioning Supreme Judicial Court Chief Justice Ireland’s support for civil legal aid and his appearance at the Equal Justice Coalition’s annual Walk to the Hill.  The 4-sentence story generated a few reader comments demonstrating how little some people know about the important work of legal service lawyers in Massachusetts.

Sure, lawyers can be easy targets for people venting their frustrations, but sometimes that venting defies reason.  “If you (Chief Justice Ireland) and all your lawyer buddies who make mad money by charging crazy amounts/hour are so into helping the poor, then do it for free,” wrote Boston Dave.

Some lawyers certainly make good money working at private law firms. But really, BostonDave, those who dedicate each of their days to providing legal services to the poor barely enough to make ends meet.  Legal services organizations are hurting and the poor people that need legal services the most are hurting badly.

Another ill-informed Herald reader referenced the recent coverage of the MBTA putting cameras on buses and trains to stop people from filing frivolous law suits:  “I suppose that the MBTA can expect to see a gigantic rise in the filing of lawsuits, despite the presence of cameras in the buses,” wrote Jestme7284. “Now the people with the free lawyers will check to see if there is a camera before falling down.”

Just for the record, Jestme7284, legal service lawyers don’t do personal injury cases, which are handled by the private bar, typically on a contingency fee basis. Legal services lawyers represent clients in cases involving fundamental sustenance, such as housing, employment, access to government benefits, and domestic violence.

A word about the attorneys at big firms that show up at Walk to the Hill…Many of these lawyers give generously of their time, accepting pro bono assignments from organizations such as the Volunteer Lawyers Project. They also give generously of their money to charities providing legal aid for poor people.

At the Walk to the Hill event, they will take the time to meet with their legislators to talk about the importance of public funding for legal services.  Walk to the Hill is a symbolic showing of the legal profession’s solidarity in recognizing that everyone deserves access to justice – and not just those that can afford lawyers.

Unfortunately dumb jokes and ill-informed comments about lawyers are nothing new. But legal aid for the poor should be the one thing that all of us can agree is a good thing.  Alas this year the weather didn’t cooperate, and Walk to the Hill has been rescheduled for Tuesday, February 22nd.  We hope you’ll show up and demonstrate your support for legal services.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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Musical Chairs on Beacon Hill

Now that the election cycle has passed, the BBA is looking forward to working with a comparatively large new class of legislators – nearly 50 new Reps and Senators – and a Governor’s Office that has just announced some staff changes as well.  Governor Patrick announced that he asked his staff to submit their resignations and reapply for their jobs and there has been some movement among top officials. 

In particular, the Governor’s Chief Legal Counsel William “Mo” Cowan has just been named as Governor Patrick’s new Chief of Staff.  Mo has been Chief Legal Counsel since last October.  Mo has been an active member of the BBA and the private bar by serving on the BBA Council, as a BBF Trustee, and was an integral in the formation of the BBA’s Diversity and Inclusion Section.  In the past year he has been a good advocate for the courts and legal services and has always made himself available to the BBA. 

The Chief Legal Counsel is responsible for advising the Governor on all legal and policy issues, judicial selection, and legislation.  With Mo’s departure from the Office of the Legal Counsel, Deputy Legal Counsel Mark Reilly will assume the position of Chief Legal Counsel.  Mr. Reilly has been working on the Governor’s legal staff since 2007 after practicing with Foley Hoag LLP and Sally & Fitch. 

– Click here to read the Governor’s press release on the changes to his Cabinet –

The BBA will continue to work with the Governor’s office and Mark Reilly in his new role on critical issues for the private bar, the courts, as well as on the BBA’s priorities for the new legislative year. 

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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