Massachusetts Bar Association President Denise Squillante
testified before the Joint Committee on the Judiciary on behalf of
the MBA on March 30 to have the Probation Department remain in the
judicial branch, and for the Legislature to pass sweeping court
reform.
Squillante testified that the Probation Department crisis is a
"mere symptom of larger structural management defects with the
judicial system."
Following House Speaker Robert A. DeLeo's recent announcement of
his intention to draft court reform legislation - including the
hiring of a non-judge to oversee the courts' business operations,
Squillante said the MBA looks forward to discussion of systemic
court reform.
"We have a unique opportunity to accomplish meaningful reform of
the court system. The time has come for the appointment of a
professionally trained court administrator to oversee all
management functions of the court system," Squillante said. "We
must be innovative in our approach to court management to ensure
that we have the most efficient and effective system
possible."
Also representing the MBA, Executive Management Board member Lee
J. Gartenberg spoke in favor of Senate Bill No. 708, which changes
the language in General Laws chapter 279, section 3, from requiring
imposition of a full suspended sentence upon revocation of
probation to giving a judge additional options, including
committing the defendant to community corrections, a graduated
sanction or imposing all or any portion of the suspended
sentence.
The legislation was drafted by the MBA following Commonwealth
v. Holmgren, 421 Mass. 224 (1995). In Holmgren, the
Supreme Judicial Court held that when a probation violator who has
a suspended sentence is before a court for a surrender hearing, the
judge can either keep the person on probation or impose the full
suspended sentence