Lawyers e-Journal
Thursday, Apr. 15, 2010
News from the Courts
Probate and Family Court announces special procedures for cases involving children in Hampshire Division; Boston Municipal Court to offer limited assistance representation; Probate and Family Court adopts Scheduling Practices and Procedures; Massachusetts Trial Court policy on juror use of personal communication devices
Probate and Family Court announces special procedures for cases
involving children in Hampshire Division
The Probate and Family Court Department announces the
implementation of Standing Order 1-10 regarding a pilot program in
the Hampshire Division involving children. The order will require
attorneys, parents and caregivers in divorce, separate support,
paternity, support/custody/visitation, modification, contempt,
guardianship and termination of parental rights cases in the
Hampshire Division to participate in a child-focused resolution
process. The standing order is effective May 5.
Click here to review the order.
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Boston Municipal Court to offer limited assistance
representation
Chief Justice for Administration & Management Robert A.
Mulligan has approved a Standing Order requested by the Boston
Municipal Court to introduce limited assistance representation
(LAR) for civil matters. Notice of the standing order will become
effective May 3.
"Expansion of limited assistance representation into a new court
department represents significant progress and it reflects the
value of launching a focused Trial Court initiative on access to
justice," said Mulligan. "I commend the Boston Municipal Court and
I expect that the momentum will continue to grow through ongoing
collaboration and coordination between the Access to Justice
Commission and the Trial Court Access to Justice Initiative."
In May 2009, based on the success of the LAR pilot project in the
Probate and Family Court Department, the Supreme Judicial Court
issued an order approving the use of LAR in other court
departments. The Probate and Family Court Department subsequently
introduced LAR across the state.
Limited assistance representation is one of the four priority
projects identified in the Interim Report on Access to Justice
Initiatives in the Trial Court issued in January. LAR permits an
attorney, either for payment or pro bono, to assist a litigant on a
limited basis without undertaking full representation of the client
on all issues and events related to the client's case. Protocols
and procedures for the use of LAR are established by each court
department.
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Probate and Family Court adopts Scheduling Practices and
Procedures
The Probate and Family Court Scheduling Practices and Procedures,
which were approved by Chief Justice Paula M. Carey, became
effective in all divisions of the Probate and Family Court on April
15, the court's Administrative Office announced.
These practices and procedures were developed by Carey based on a
report from the Probate and Family Court Scheduling Task Force. In
response to concerns expressed by the legal community about certain
aspects of case scheduling and, more particularly, about the lack
of uniformity in the manner in which cases, motions, etc., are
scheduled in the various divisions within the Probate and Family
Court Department, Carey created a task force to review such matters
and to provide her with recommendations for suggested changes.
Click here to review the Scheduling Practices
and Procedures.
At the request of certain first justices, Carey has determined
that the following divisions of the Probate and Family Court will
be permitted to modify their motion practice:
- Bristol Division (New Bedford) - Scheduled motions in New
Bedford shall be limited to 55 per motion session. Attorneys and
parties shall be permitted to mail in or hand deliver their motion
and chose their own dates, on a motion day of the assigned case
judge, rather than the court choosing a motion date. If the date
fills, the parties or counsel will be notified and they will be
required to choose another date for their hearing. This exemption
was granted to ensure that no fire code is violated in New
Bedford.
- Barnstable Division - Motions may be scheduled on Monday,
Thursday and Friday mornings beginning May 3. Motions may be
scheduled on Wednesdays only if the parties have a scheduled
pre-trial conference that day. There will be no limit to the number
of motions scheduled on a particular day, except in the event of
vacation or other anomaly circumstance. Attorneys and parties may
send their motions in to the court, with proper notice, without
having to call the court in advance.
- Middlesex Division - Scheduled motions shall be limited to 55
per motion session. Attorneys and parties shall be permitted to
mail in or hand deliver their motion and chose their own dates, on
a motion day of the assigned case judge, rather than the court
choosing a motion date. If the date fills, the parties or counsel
will be notified and they will be required to choose another date
for their hearing. This exemption was granted in light of the
significant shortage of probation officers in Middlesex County, the
fact that four days a week two motion sessions are running, and at
times three court locations operate on one day.
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Massachusetts Trial Court policy on juror use of personal
communication devices
Chief Justice for Administration &
Management Robert A. Mulligan issued a policy on March 25 regarding
the use of cell phones and other personal communication devices by
jurors in courthouses and courtrooms. The new policy is intended to
complement the existing security policy on clothing, cameras and
cell phones introduced Jan. 9, 2006.
Judges shall instruct jurors selected to serve on a jury that,
until their jury service is concluded, that they shall not:
- Discuss the case with others, including other jurors, except as
otherwise authorized by the court;
- Read or listen to any news reports about the case;
- Use a computer, cellular phone or other electronic device with
communication capabilities, including access to the Internet, while
in attendance at trial or during jury deliberations. These devices
may be used during lunch breaks, but may not be used to obtain or
disclose information about, or relevant to, the case;
- Use a computer, cellular phone or other electronic device with
communication capabilities, including access to the Internet, or
any other methods to obtain or disclose information about, or
relevant to, the case when they are not in court.
Departmental chief justices may impose
a more restrictive policy, including the collection of cell phones
and other communication devices while the jury is deliberating.
However, for a variety of reasons, cell phones and other
communication devices shall not be collected and stored by
associate court officers working at the front door screening
station.
The judge who greets the jurors in the
pool each morning pursuant to G.L. c. 234A, sec. 65, shall inform
them about this policy.
Departmental chief justices shall work to develop and promulgate
whatever procedures are necessary to insure compliance in their
department.