Thursday, Aug. 9, 2012
From left to right: MBA Chief Legal Counsel Martin W. Healy and MBA Amicus Committee Chair Thomas J. Carey Jr.
SJC rules on case involving judicial privilege; decision aligns with MBA amicus brief
The Massachusetts Supreme Judicial Court has ruled judges cannot
be forced to explain their thought processes in making their
rulings -- a decision that creates a "judicial deliberative
privilege'' in Massachusetts for the first time. The court found
that holding judges accountable for acts of bias violating the code
of judicial conduct is important, but it must be accomplished
"without violating the deliberative processes of judges."
The decision aligns with a Massachusetts Bar Association amicus brief
filed by MBA Amicus Committee Chair Thomas J. Carey Jr. and Chief
Legal Counsel Martin W. Healy on March 30, 2012. Click
here to view the MBA's press release.
Click here to view Boston Globe coverage.
Click here to read an Associated Press article.