SJC appoints MBA members to committee to study the
Massachusetts Code of Judicial Conduct
The Massachusetts Supreme Judicial Court justices have announced
appointments to a committee to study the Massachusetts Code of
Judicial Conduct. The committee has been formed to review the
current Massachusetts Code of Judicial Conduct adopted in 2003, in
comparison to the Model Code of Judicial Conduct adopted by the
American Bar Association in 2007. Associate Justice of the
Massachusetts Appeals Court Cynthia J. Cohen has been appointed
chair of the Committee.
In addition to Cohen, appointed MBA members include:
- Hon. Cynthia J. Cohen, Appeals Court
- Hon. Peter W. Agnes Jr., Appeals Court
- Hon. Kenneth V. Desmond Jr., Boston Municipal Court
- Hon. Judith Fabricant, Superior Court
- Hon. Linda S. Fidnick, Probate & Family Court
- Hon. Diana H. Horan, Housing Court
- Hon. Angel Kelly-Brown, District Court
- Hon. Mark D. Mason, District Court
- Hon. James F. McHugh, Appeals Court (retired)
- Hon. Karyn F. Scheier, Land Court chief justice
- Hon. John S. Spinale, Juvenile Court
- Michael S. Greco, K & L Gates LLP
Probate and Family Court releases procedural advisory
and revised estate administration forms
Chief Justice Paula M. Carey of the Probate and Family Court has
releases a procedural advisory for estate administration matters.
The procedural advisory summarizes procedural changes to estate
administration matters as a result of Chapter 140 of the Acts of
2012. Chapter 140 amended various sections of G. L. c. 190B, the
Massachusetts Uniform Probate Code and incorporates the
Massachusetts Uniform Trust Code as Chapter 203E of the general
laws. The procedural advisory was developed by the MUPC Procedures
Committee which includes Probate and Family Court judges, court
staff and members of the bar. The advisory is a new method to
educate court staff, members of the bar and litigants on procedural
updates.
Carey also announced the release of "round one" of newly-created
and revised estate administration forms for actions brought under
the MUPC. In response to comments received from members of the bar,
litigants and court staff, the MUPC Forms Committee created a new
combination Assent and Waiver of Notice/Renunciation/Nomination and
Waiver of Sureties form (MPC 455) and Instructions (MPC 941). The
new form will replace the need to file separate forms for common
requests in estate administration matters. The Assent and Waiver of
Notice portion of the form may be used in all probate matters,
excluding guardianship of minor proceedings.
Revised forms include:
- MPC 801-Bond
- MPC 255-Petition for Informal Appointment of Successor PR
- MPC 760-Order for Informal Appointment of Successor PR
- MPC 270-Petition for Formal Appointment of Successor PR
- MPC 765-Decree and Order for Formal Appointment of Successor
PR
- MPC 264-Statement of Resignation of PR
- MPC 550-Notice of Informal Probate
New forms, now acceptable for filing, include:
- MPC 455-Assent and Waiver of
Notice/Renunciation/Nomination/Waiver of Sureties
- MPC 941- Instructions for MPC 455
SJC seeks judge evaluations in Middlesex
Counties
As part of the continuing program to evaluate and enhance
judicial performance, the Supreme Judicial Court will evaluate
judges of 46 District, Housing, Probate and Family, and Juvenile
Courts in Middlesex County.
Attorneys who receive a questionnaire should take the time to
complete it, as the more responses received, the more helpful the
judicial evaluations will be. The SJC's evaluation program is the
best opportunity for attorneys to offer their opinions of the
members of the judiciary. Attorneys who have appeared in these
courts in the last two years, according to court records, will
receive questionnaires. Attorneys will receive an e-mail requesting
them to log into a confidential website to complete the evaluation
electronically. If an attorney wishes the Supreme Judicial Court to
have their e-mail address for conducting evaluations in the future,
e-mail addresses can be registered.
Inquiries concerning questionnaires and evaluations should
be directed to Mona Hochberg, SJC judicial performance evaluation
coordinator, at (617) 557-1156.
Memorandum regarding Chapter 193 of the Acts and
Resolves of 2012
On Aug. 2, 2012, Gov. Deval Patrick signed Chapter 193 of the
Acts and Resolves of 2012, An Act Further Regulating Animal
Control, concerning animals in conjunction with restraining orders,
which became effective on Oct. 31, 2012.
Brooke Courthouse Information Desk
re-opens
The Access to Justice Initiative is pleased to announce that the
Brooke Courthouse Information Desk reopened last month after a
summer hiatus and will operate once again from 8:30 to 10 a.m.
every day the courts are in session. It is staffed by volunteer
undergraduate interns who are supervised by an attorney or court
administrator.
The information desk provides basic law-related information to
court users and frees up court staff from the daily burden of
addressing routine, repetitive questions that take time away from
other essential duties.
The Brooke Courthouse Information Desk is joined by similar
resources at the Worcester Courthouse and the Springfield Hall of
Justice. SJC Senior Attorney Sandra Lundy, deputy advisor for the
Access to Justice Initiative, has developed helpful protocols and
materials for recruiting and training information desk
volunteers.
Wolf to become senior judge in 2013
Mark L. Wolf, the chief judge of the United States District
Court for the District of Massachusetts, has recently informed the
president of the United States that he will become a senior judge
on Jan. 1, 2013, the day after his term as chief judge is
concluded. Wolf wrote United States President Barack H. Obama that
he will continue to render substantial service as a senior
judge.
Federal law provides that a judge who is at least 65 years old
and has served for at least 15 years may continue in regular active
service, become a senior judge, or retire and receive as an annuity
his last salary for life. While a senior judge continues to render
substantial judicial service, by taking that status Wolf creates a
vacancy which, when filled, provides the district court a new,
additional judge.
Wolf was appointed to the district court in 1985. His statutory,
seven-year term as chief judge ends on Dec. 31, 2012, when he will
be succeeded by Judge Patti B. Saris. On Jan. 1, 2013, Wolf will be
66 and have served for more than 27 years.