Tag Archives: Speaker DeLeo

End of Session Rush

July 31st marks the end of formal sessions for the second half of the two-year 2013-2014 legislative session.  With only 56 days left, the Legislature will continue to meet in informal session through December.  This generally means that the legislature will only consider non-controversial matters until the next two-year legislative session begins again in January 2015. 

There’s a lot of work to be done in the next eight weeks – and state budget conferees met for the first time on Tuesday.  In addition to the two Chairs of the Joint Committee on Ways and Means, the other members of the conference committee are Representatives Kulik and deMacedo and Senators Flanagan and Ross.  This group is charged with devising a consensus fiscal 2015 budget based on the previously approved House and Senate budgets.  One issue before the conference committee is funding for the MLAC line item.  The House recommended $15 million and the Senate recommended $14 million.  We hope that the conferees will decide to hold onto the House recommended appropriation of $15 million.  The final recommendations of the conference committee are not subject to amendments when presented to the House and Senate for final approval. 

While the conference committees work, the legislative committees –including the Joint Committee on the Judiciary – are reviewing the hundreds of bills that are still active before them.  In the upcoming weeks we hope to see some movement on bills that we have been working on all session.   

Governor’s Council Update

Last week was the second day of Justice Ralph Gants’s Governor’s Council hearing on his nomination for Chief Justice of the SJC.  This provided Justice Gants an opportunity to directly address the Governor’s Councilors.  He began with a presentation, talking about his family (the above video starts about a minute into his speech, as he discusses his mother), his love of baseball, his work on access to justice issues, and his growth as an individual and jurist.  He broke his judicial philosophy down to the following three points:

  • It is important to look at the language of the statute along with the legislative history and its context in order to fulfill legislators’ wishes.
  • The Constitution is a “living, breathing” document that remains relevant with modern interpretations.
  • Society needs clear lines in administering law in the real world and the assurance of actual justice, not just the illusion of justice.

Questions from the Governor’s Councilors took the rest of the day.  Topics ranged from the specifics of court administration to exploring the need for oversight of the Chief Justice of the SJC, the Chief Justice’s role as a lobbyist for the Courts, and Gants’s philosophical opinions on the death penalty, gay marriage, abortion, the citizen petition process, and drug addiction.

This week was the third day of his confirmation hearing before the Governor’s Council.  Justice Gants was asked about recent SJC decisions on juvenile life without parole as well as his position on privacy issues that might be raised in gun reform legislation. 

Speaker’s Gun Control Bill

Speaker Robert DeLeo’s gun violence prevention legislation, House Bill 4121, was the subject of a public hearing this week and is expected to be taken up by the full House of Representatives as early as next week.  Senate President Therese Murray has also said publicly that the Senate will debate gun reform before the session ends. 

The BBA’s Gun Control Working Group also conducted a lengthy study on gun reform.  The BBA’s group met between April and July 2013, and reviewed all of the then-filed gun control legislation, roughly 60 bills.  The BBA’s Working Group was comprised of attorneys with diverse backgrounds including gun owners, civil libertarians, a prosecutor, criminal defense attorneys, a law professor, and health law experts.  The Working Group came up with a set of principles designed be a lens through which any new gun law should be considered.    

We will continue to monitor the gun control bill as it goes through the legislative process and the nomination process for the new SJC chief justice.  Justice Gants’s nomination could come up for a vote as early as June 11.   

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
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Chief Justice Roderick Ireland: Modernization and Collaboration

With Chief Justice Roderick Ireland’s recent announcement of his July 25th retirement from the bench, we wanted to take the opportunity to reflect on the momentous progress our courts have made during his time as the Chief Justice.  Chief Justice Ireland has left an indelible mark by expanding and enhancing the relationship between the judiciary and our state legislature. 

In 2010, Chief Justice Ireland became the first African-American Chief Justice of the Supreme Judicial Court.  From the beginning, he worked closely with the legislature, building bridges and developing relationships that have become real friendships.  A testament to this relationship is obvious to any visitor at his Speaker DeLeo’s office.  Both men proudly display pictures of the two of them together in their respective offices.  

Chief Justice Ireland’s leadership has always been impressive, and the way he has reached out to court employees is truly remarkable.  During his tenure, he made a point of visiting courthouses to thank court employees for their hard work.  He has done more than just boost morale for court employees; Chief Justice Ireland has been committed to improving the court system for the average person while demystifying the entire courtroom experience.  

In 2011, working with Chief Justice Ireland, the legislature passed court reorganization legislation.  This law brought about the most comprehensive overhaul of the Massachusetts judiciary since the Court Reorganization Act of 1978.  It established the Office of Court Management under a newly created Court Administrator position who works in tandem with the Chief Justice of the Trial Court.  Shortly after its enactment, Paula Carey was named Chief Justice of the Trial Court and Harry Spence became the first Court Administrator for the Trial Court. 

The Courts have done well under Chief Justice Ireland and the legislature has remained supportive of the judiciary including a recent – and long overdue – pay raise last summer.  In his roughly three and one-half years as Chief Justice, Roderick Ireland has made a lasting impression on the judiciary and every person who uses our courts on a daily basis. 

His tireless efforts working with all branches of government have resulted in unprecedented reforms for the judiciary and lasting goodwill within the other branches of government, especially the legislature.  The Trial Court has emerged with a more streamlined and strong administrative structure, and judicial salaries are now more competitive than they have been in nearly a decade.  We are pleased to celebrate the remarkable accomplishments of Chief Justice Ireland and look forward to the next Chief Justice continuing his full government collaboration.

– Kathleen Joyce
Government Relations Director
Boston Bar Association
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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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