Thursday, Jan. 27, 2011

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Yesterday, Gov. Deval Patrick released his FY12 budget, which calls for a 2 percent reduction in funding for an already strained judiciary.  

Additionally, Patrick's budget recommends moving the Probation Department and the Parole Board under the auspices of the executive branch and merging them into one agency.

Patrick also seeks control over the Committee for Public Counsel Services and wishes to move them within the purview of the executive branch. In a widely criticized move, he recommends the elimination of  private bar advocates in favor of hiring 1,000 new public counsel lawyers within the agency.

The MBA is unalterably opposed to this recommendation, having been a historical driving force behind the creation of the county bar advocate offices. Further, in the past the MBA has successfully pushed legislation mandating the state's contracting with private counsel. The private bar system of representation is a national model and provides competent counsel at a cost effective level to the state.

On the positive side, Patrick recommends level funding for the Massachusetts Legal Assistance Corporation at $9.5 million.

The House of Representatives will release its own budget recommendations in this spring followed by the Senate.  The Senate and House will then hash out their differences before sending a budget to the Governor for his review.  The fiscal year 12 begins on July 1, 2011.

Supplemental Budget
Patrick also filed yesterday a supplemental budget for FY11. Citing the SJC's Court Reform Study, i.e. "The Monan Committee Report," he proposes to install "a professional chief administrator" to helm the Trial Court, effectively ending the tenure of Chief Justice for Administration and Management Robert A. Mulligan. The chief administrator would be appointed by the Supreme Judicial Court for a term of five years. The supplemental budget  now awaits action by the Legislature.

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MBA supports Gov. Deval Patrick's sentencing reform package

As a long-time advocate for sentencing form, the MBA is praising Gov. Deval Patrick's sentencing reform package, which seeks to repeal mandatory minimums for non-violent drug sentences.

"These changes are smart on crime and will save significant costs now associated with the unnecessary incarceration of non-violent individuals," MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy said. "The legislation more appropriately balances public safety while providing necessary treatment and training for individuals transitioning back into society."

The legislation contains other positive reforms supported by the MBA, including reducing school zones from 1,000 to 100 feet. School zones of 1,000 feet disproportionably affect those in poor urban environments.