Chief Justice Carey provides an update on the Probate
and Family Court
Following three Boston-based House of Delegates meetings, MBA
President Robert L. Holloway Jr. convened the house at the Sheraton
Framingham for its March meeting.
Delegates voted on business brought forth by the Access to Justice
and Property Law sections and the Workplace Safety Task Force.
Special guest and Chief Justice of the Probate and Family Court
Paula M. Carey provided an update on her department and MBA leaders
delivered their informational reports.
HOD members voted favorably on the three Access to Justice
measures. First, members voted to support in principle Senate Bill
No. 417 with the recommendation that the bill would be amended by
striking the first paragraph. The bill is an act to ensure full
compliance with the good funds statute, which protects citizens who
borrow money against their homes. It strengthens the requirements
that funds are available for dispersment immediately at the
closing. Second, HOD voted to support the recommendation for
Massachusetts Rules of Civil Procedure to provide for at least 50
percent of class action residuals be disbursed to the IOLTA
Committee. Lastly, delegates approved the nominees recommended by
the section to receive the 2013 Access to Justice Awards. Those
honorees include Legal Services Attorney awardees Ruth A. Bourquin
of Massachusetts Law Reform Institute and James Breslauer of
Neighborhood Legal Services; The Pro Bono Law Firm awardee Brown
Rudnick; The Pro Bono Publico Attorney awardee Timothy G. Lynch of
Swartz & Lynch LLP; Defender awardee the Hon. Gloria Tan
Massachusetts Juvenile Court Associate Justice; and Prosecutor
awardee Adam J. Foss with the Suffolk County District Attorney's
Office.
The delegation also approved the name change of the MBA's Property
Law Section to the Real Estate Section. And, the group voted to
support in principle House Bill No. 1698 and Senate Bill No. 866,
both pending before the Committee on Labor and Workforce
Development. If passed, the legislation will increase the workers
compensation burial allowance from $4,000 to $8,000.
Carey's remarks came following what she described as a "seminal
year." Carey's first term as chief justice of the Probate and
Family Court came to a close and she was reappointed for another
five-year term. Carey painted a broad picture of her department's
strategic planning process, which really made headway at a "Vision
for the Future" conference last November. Included as part of the
strategic planning for her department is an innovative
collaboration with Boston College MBA candidates to develop
recommendations for improved business practices and other
efficiencies. Carey also mentioned the Probate and Family Court's
push for more educational videos for litigants to be featured on
the department's website; a pilot program for staggered scheduling
in Norfolk County; and improvement measures related to domestic
violence screening and giving children a voice in court. Carey also
thanked the bar for all its help with the roll out of the
Massachusetts Uniform Probate Code, noting that efforts of
volunteer attorneys on related committees and necessary training
were key in that transition.
Highlights of the MBA Officer Reports were updates from MBA
Treasurer Marsha Kazarosian on the MBA Education Committee, from
MBA Vice President Christopher Sullivan on the Membership
Committee, from MBA President-elect Douglas K. Sheff on the Media
Committee, from MBA Vice President Robert W. Harnais on the
Diversity Committee and from MBA Secretary Martha Rush O'Mara on
the Annual Dinner Committee. MBA President Robert L. Holloway Jr.
detailed the MBA's recent court funding advocacy events, as well as
the Mock Trial Championship. He also announced that the MBA would
be honoring the Hon. Sandra Lynch, chief judge of the United States
Court of Appeals for the First Circuit and WBUR-FM's News
Department at the May 2 Excellence in the Law event co-presented
with Massachusetts Lawyers Weekly.
The last report of the meeting came from MBA Chief Legal Counsel
and Chief Operating Officer Martin W. Healy. Healy mentioned that
Gov. Deval L. Patrick will deliver the keynote address and Rep.
Brian Dempsey (D-Haverhill) will be honored with the Legislator of
the Year Award at the MBA's Annual Dinner on May 9. Healy also
noted that U.S. Sen. Elizabeth Warren announced that MBA Past
President Michael E. Mone will serve as the MBA representative on
the Advisory Committee on Massachusetts Judicial Nominations. Mone
brings a "world of experience" to this committee, according to
Healy.
Healy also provided updates on an "outrageous" workers
compensation tax that is part of Patrick's FY14 budget proposal,
letting the delegates know that the MBA has stressed its opposition
to this tax to legislative leaders. Healy also spoke about two
juvenile justice measures to which the MBA has stressed its
support. One would involve raising the age of those tried as adults
from 17 to 18 and the other would change life without parole for
juvenile inmates to the opportunity for parole following 15-25
years served.
The HOD meeting was adjourned following Healy's remarks. The May
HOD meeting will take place on Wednesday, May 15.