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law yers Journal Volume 18 | NUMBER 9 | May 2011
WWW.MASSBAR.ORG
Legislative, court leaders unveil court reform bill Also addresses Probation oversight by Bill Archambeault
Window of opportunity: Middlesex County Sheriff Peter Koutoujian Peter Koutoujian didn’t go looking for the job of sheriff of Middlesex County. The job came looking for him, in the aftermath of the resignation and subsequent suicide of the previous sheriff, James DiPaola. At first, Koutoujian says, he wasn’t really inclined to take the post. He was enjoying a satisfying career as an eight-term state representative. But then he reconsidered:
“I thought I could do a good job.” That’s not a generic statement. It springs from Koutoujian’s passion for victims’ rights, balanced with an awareness of the life prospects Peter Koutoujian for ex-offenders. He sees the job as a window of opportunity to make a difference in the lives of both vic-
ABA Lobby Day
FOR YOUR PRACTICE
Section Review The role of courts, zero tolerance and school exclusion; Trial Court law libraries 22
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A practical approach to spoliation 20
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tims and offenders, and to raise the profile of the sheriff’s office as a positive role in the community. Since taking office more than two months ago, he has been on a whirlwind schedule. Upon accepting the post, he formed a 22-member transition committee, comprised of police chiefs, corrections officers and mental-health and substanceabuse experts, to whom he gave unfettered access to books, regulations, policies and procedures — and then got out of their way so as not to influence or prejudice their findings. He also requested an outside audit by the state to examine the sheriff’s office from top to bottom, to give a clearer 19
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As part of my testimony before the Joint Committee on the Judiciary last month, the MBA stressed that the time has come for the appointment of a professionally trained court administrator to oversee all management functions of the Massachusetts Trial Court. We were pleased to hear that House Speaker Robert DeLeo and Chief Justice Roderick L. Ireland have filed court reform legislation that includes this recommendation. Such a move will bring to fruition more than 30 years of best 2
Justice Awards Luncheon, a “Hail to the Chiefs” bench-bar panel and the Centennial Ball, featuring a keynote address from U.S. Supreme Court Associate Justice Stephen G. Breyer. Attorneys interested in attending should visit www.massbar.org/centen16 nial to register.
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Keeping a steady eye on court reform
tory of the MBA,” said MBA President Denise Squillante. “The conference offers practitioners an opportunity to network and sharpen their skills, while at the same time, honor our past 100 years.” The two-day conference will feature three concurrent Continuing Legal Education tracks, the annual Access to
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Denise Squillante
The MBA’s Centennial Conference, a celebration of the MBA’s century of service to the public, profession and rule of law, will take place on Wednesday, May 18, and Thursday, May 19, at the Boston Sheraton Hotel. “It’s an opportunity for everybody to come together and celebrate the rich his-
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PRESIDENT’S VIEW
CLE tracks, Access to Justice Awards, “Hail to the Chiefs” panel, Centennial Ball to headline spring event in Boston
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MBA leaders meet with D.C. legislators 4
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House Speaker Robert A. DeLeo, with Supreme Judicial Court Chief Justice Roderick L. Ireland literally and figuratively standing by his side, unveiled major court reform legislation on April 21. “Today, we have two branches of government standing together,” DeLeo said at the start of a Statehouse press conference. In emphasizing the new level of collaboration between his office and the judiciary, he said longstanding tension between the two “ends today.” The legislation, scheduled for a May 3 hearing, calls for splitting the responsibilities of the chief justice for administration and management by 1. creating a “chief justice of the Trial Court” to manage judicial duties and 2. creating a new Office of Court Management headed by a non-judicial professional to manage the courts’ business operations. Civilian mangers would also be hired as deputy court administrators for each of the Trial Court’s seven departments. 8
See page 2 for a complete listing of this issue’s contents.