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Photograph by Jeff Thiebauth
SJC Chief Justice Margaret H. Marshall

SJC Chief Justice Margaret H. Marshall to deliver Annual Address to the Legal Community at Oct. 11 Bench-Bar Symposium

Symposium to feature discussion panels on achieving fair and successful jury trials

The MBA is proud to present the second annual Bench-Bar Symposium to take place at the John Adams Courthouse in Boston on Thursday, Oct. 11. Supreme Judicial Court Chief Justice Margaret H. Marshall will deliver her Annual Address to the Legal Community at 2 p.m.


Following the address, MBA President David W. White will moderate two panel discussions on jury communication. Each panel will feature four judges and two attorneys. The first panel will focus on pre-trial issues, and the second will concentrate on jury instruction and post-trial contact with jurors.


To reserve your space at this free event, R.S.V.P. to membership or call MBA Member Services at (617) 338-0530.

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Photograph by Chuck Chaney
The Hon. Jay Blitzman asks the MBA House of Delegates to support a letter asking for further review of proposed revisions to the Rules of Professional Conduct by a Supreme Judicial Court advisory committee. Listening in the background at the DCU Center in Worcester are MBA President David W. White Jr. and Lee Gartenberg, chair of the Criminal Justice Section Council and Region 7 delegate.

House of Delegates holds first meeting

MBA President David W. White Jr. presided over the first House of Delegates meeting for the 2007-08 association year earlier this week, when the leadership voted to approve several proposals that include efforts to clarify the state’s drunk driving laws and establish a Commission on judicial compensation.


MBA leaders gathered at the DCU Center in Worcester the afternoon of Sept. 19 for a luncheon and the meeting. An eight-member delegation of arbitrators from Cambodia, who attended a roundtable discussion on labor and employment issues hosted by MBA Past President Kay H. Hodge before the luncheon, was among the guests at the meeting.


White outlined his plans for the year, including supporting comprehensive reforms in two areas, state CORI laws and criminal sentencing. He also shared his goal of making lawyers more environmentally conscious with the newly formed Energy and Environment Task Force.


Criminal Justice Section Council Chair Lee Gartenberg presented two proposals that were approved by the delegates. One is to support legislation that streamlines the state’s drunk driving laws to make them easier for the bench, bar and public to understand. The other was to ask a Supreme Judicial Court advisory committee to take a second look at its proposal to change the Rules of Professional Conduct as it relates to the role of attorneys in juvenile court.


Grace V. Bacon Garcia of the Civil Litigation Section Council presented two proposals that the delegates passed. They are to support legislation that establishes a Commission on Judicial Compensation, Benefits and Pensions and allows the family of judges who die from unnatural causes while performing his or her duties to receive maximum benefits.


The last to present at the meeting was Douglas K. Sheff, chair of the newly created MBA Think Tank. He shared plans to create a long-term strategy for the association, as well as various enhancements in the areas of education, technology and communication.


Also approved at the meeting were changes to the MBA’s bylaws and policies and procedures presented by President-elect Edward W. McIntyre.

Legislative update: House of Representatives votes in favor of overriding governor's vetoes of Trial and Appeals Court funding

Earlier this week the Massachusetts House of Representatives voted in favor of overriding Gov. Patrick's vetoes of $11.97 million in funding for the Trial Court and Appeals Court. The overrides currently await action by the Senate.

The supplemental state budget, which was filed by Lt. Gov. Timothy Murray on June 29, 2007 and includes $22.3 million to compensate private counsel for work performed during the fiscal year 2007, remains pending before the House Ways and Means Committee.

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Tufts’ Fletcher School offers options for busy attorneys interested in international affairs

Sept. 26 informational session to be held at MBA Boston headquarters

Attorneys, like many busy professionals, often stop short of pursuing additional graduate programs due to their intense professional commitments that leave little time to devote to studies. However, Tufts University provides a unique opportunity that takes into account the schedules of busy mid-career professionals in order for them to pursue an international affairs degree program.


The Fletcher School of Law and Diplomacy at Tufts University offers a Global Master of Arts Program (GMAP) specifically geared for professionals who are unable to enroll in a full time residency-based program. By combining the rigor of Fletcher’s cross-disciplinary curriculum with a flexible format, midcareer professionals are trained to find more innovative solutions to international challenges, all without leaving their current positions.


Dean Deborah Nutter, associate dean and director of GMAP, will lead an informational session on this program at the MBA Boston headquarters on Sept. 26 from 6 to 7:30 p.m. Interested attorneys should e-mail membership or call (617) 338-0530.

Practice alert: Probate and Family Court provides online forms as a free service to the public

The Probate and Family Court has amended Uniform Practice XXXIII. Standards for
Computer-Generated Forms. For the purposes of the Practice, the “official form” shall be
defined as either: (i) the paper form promulgated and distributed by the Administrative
Office of the Probate and Family Court or (ii) the electronic form most recently posted on
the Massachusetts Judiciary Web site, www.mass.gov/courts and approved by the
Administrative Office of the Probate and Family Court.


As a result, the Probate and Family Court has revised some of its fillable and self-calculating forms. Many of those forms are now available online at the state Web site free of charge. New forms will be added as they become available.


For an overview and to access the forms, visit: http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/forms.html.

Judge Paula M. Carey named chief justice of the Probate and Family Court by Chief Justice for Administration and Management Robert A. Mulligan

Chief Justice for Administration and Management Robert A. Mulligan announced the appointment of Judge Paula M. Carey of Burlington as the new chief justice of the Probate and Family Court for a five-year term, in accordance with G.L. c211B, §5. Judge Carey succeeds Chief Justice Sean M. Dunphy, who will retire on Sept. 30, after 29 years of exemplary service. Dunphy has served with distinction as Chief Justice of the Probate and Family Court since 1997.


Chief Justice Mulligan said, “Judge Carey brings a high degree of intelligence, experience and leadership skills that render her extremely qualified to lead the Probate and Family Court. She is highly respected for her extraordinary energy, work ethic and depth of knowledge in the area of Family Law. She will contribute significantly to the management reform efforts underway in the Massachusetts Trial Court through her commitment to the continuous improvement of access to justice for families across the state.”


Chief Justice Mulligan said that he was presented with excellent candidates for the position of Chief Justice. He also commended Chief Justice Dunphy as a thoughtful, intelligent dean of the Trial Court Chief Justices and said that he would miss his cheerful and wise counsel.


Judge Carey has been a Probate and Family Court judge since her appointment to the bench in 2001. She currently sits in Norfolk County and serves as a member of the Child Support Guidelines Task Force.


Judge Carey said, “I would like to thank Chief Justice Mulligan for his confidence in my abilities and for providing me with this wonderful opportunity. I would also like to thank Chief Justice Dunphy for his commitment to our Court and the system over the last 29 years, specifically the last 10 years as Chief. I will miss his guidance and support. I look forward to working with my colleagues and the staff of the Probate and Family Court at a time when our Court is undergoing great positive change with the introduction of time standards, Mass Courts, and increased performance accountability measures. I am mindful of the challenges we face and am committed to providing leadership and accountability in ensuring access to justice in all of our Courts.”


In 2006, she received the Daniel J. Toomey Excellence in Judiciary Award and in 2004 the Probate and Family Court Division of the Massachusetts Judges Conference presented her with a Judicial Excellence Award.


In 1989, she co-founded the firm Carey and Mooney PC, a family law practice. While in private practice, she chaired the Family Law Section of the Massachusetts Bar Association and served on the Family Law Steering Committee of the Boston Bar Association. Judge Carey graduated magna cum laude from the New England School of Law.

 The Probate and Family Court Department is comprised of 14 Divisions with 51 judges across the Commonwealth. The Massachusetts Trial Court includes seven court departments with 380 judges who deliver justice in 110 courthouses across the state. Comprehensive management reform is underway in the courts to increase efficiency, accountability and transparency in this large, complex organization that delivers access to justice to thousands of people daily.

Register today for the popular Family Law Conference, Sept. 28-29

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Family Law Conference

Course #: FLA08

Friday, Sept. 28, 6 p.m. – Saturday, Sept. 29, 3:40  p.m.

Cranwell Resort, Spa and Golf Club, 55 Lee Road, Lenox


The theme of this year’s Massachusetts Bar Association’s Family Law Section Council is “Deciding, Proving, and Planning for Best Interests – When Family Law Cases Affect Children.” This conference will provide you with a unique opportunity to meet judges, socialize with colleagues and update your skills as you learn techniques and gain insights from our distinguished panel members consisting of judges and family law experts.


Faculty: David W. White Jr., Esq., MBA president, Breakstone, White & Gluck PC, Boston; Hon. Anne M. Geoffrion, Probate and Family Court; Hon. Edward J. Lapointe, Probate and Family Court; Hon. Elizabeth O’Neill LaStaiti, Probate and Family Court; Fern L. Frolin, Esq., Grindle, Robinson, Goodhue & Frolin, Wellesley; Edward P. Ryan Jr., Esq., O’Connor & Ryan PC, Fitchburg; Denise Squillante, Esq., MBA vice president, Law Office of Denise Squillante, Fall River.


*For program details and a complete list of faculty, click here to download the Family Law Conference Brochure.

Cancellation notice: Running for Office

The ABA and Harvard Law School co-sponsored program Running for Office, which was promoted in last week's e-Journal and scheduled for Wednesday, Oct. 3 – Friday, Oct. 5 has been cancelled. We apologize for any inconvenience.

©2017 Massachusetts Bar Association