Tag Archives: Statehouse update

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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Statehouse Update

It’s been quite a busy week at the Statehouse and we’ve been there through it all – committee hearings, legislation, and the release of the House Ways & Means budget.  The Judiciary Committee resumed its work with back-to-back meetings on Tuesday and Wednesday covering probate issues — domestic relations and custody on day 1 and trusts and estates issues on day 2.  Despite lacking a House chair, the hearings were aptly run by Senator William Brownsberger and House Vice Chair Christopher M. Markey.  Representatives from the BBA testified at both meetings in front of packed hearing rooms. 

ImageAt the April 8th hearing, the Family Law Section had a number of bills of interest and Brad Bedingfield spoke on H1
, a bill to amend the adopted children’s law.  The change is related to a case for which the BBA filed an amicus brief, Rachel A. Bird Anderson v. BNY Mellon, N.A., et al.  This case concerned whether adopted children had the same rights as biological children to inheritance under wills written before 1958.  The brief urged the SJC to clarify the applicable estate planning laws after a dispute arose due to the retroactive application of amendments to a 1958 law.  The court held that 1958 law applied, avoiding radical change and affirming practitioners’ expectations.  Bedingfield testified in support of the bill, which further clarifies applicability of the later adopted amendments.  Legislative action would help to avoid confusion and possible litigation related to the Bird decision. 

On the April 9th, a panel led by BBA Council member Deborah J. Manus testified on S705, a bill which would revise the current spousal elective share law.  She noted that current law can produce strange and seemingly random outcomes that are often unfair.  For example, Manus noted the new bill would help avoid gamesmanship such as ordering monetary transfers from one’s deathbed in order to disinherit a spouse.  The bill, which is presented after 8 years of study by the BBA, MBA, and WBA, proposes to bring this portion of the law in line with the Uniform Probate Code.  Most of Massachusetts and other states’ probate laws are already aligned with these uniform laws.   

Image We will continue to track these bills as they move through the legislative process. 

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
Comments are disabled for this blog. To submit your comments please e-mail  issuespot@bostonbar.org

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