Massachusetts Lawyers Journal | May 2011
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LegalNews
News from the Courts MBA applauds nomination of Hon. Barbara A. Lenk to SJC The Massachusetts Bar Association is pleased that Gov. Deval Patrick has nominated Appeals Court Associate Justice Barbara A. Lenk to the Supreme Judicial Court. Lenk Hon. Barbara would fill the vaA. Lenk cancy created by the retirement of Associate Justice Judith A. Cowin. Lenk would be the Court’s first openly gay justice.
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“Justice Lenk has stood out among appellate judges as a brilliant intellect. Her opinions and writings have been consistently relied on and most cited by the Supreme Judicial Court,” MBA President Denise Squillante said. “Justice Lenk’s personal experiences and nontraditional family background will bring much needed empathy to the Court as it grapples with the growing complex and diverse societal issues facing the bench. Litigants and the public will have a jurist that profoundly understands their struggles.” A long-time MBA member, Lenk previously served on the MBA’s Judicial Administration Section Council. Lenk was appointed to the Appeals Court in 1995 by Gov. William Weld, who had appointed her to the Superior Court two years earlier. Previously, Lenk was a partner at Brown, Rudnick, Freed & Gesmer (now Brown Rudnick), where she began her legal career in 1979. She is a trustee of Western New England College and a member of the Boston Inn of Court. n
From left to right: MBA President-elect Richard P. Campbell, U.S. Sen. John Kerry, MBA President Denise Squillante and MBA COO and Chief Legal Counsel Martin W. Healy.
MBA participates in ABA Day in D.C. Leaders from the Massachusetts Bar Association participated in ABA Day in Washington, D.C., on April 13. MBA President Denise Squillante, President-elect Richard Campbell, COO and Chief Legal Counsel Martin W. Healy and Legislative Activities Manager Lee Constantine met with members of the
Massachusetts Congressional Delegation, including Sen. John Kerry, Sen. Scott Brown, Rep. John Tierney and Rep. William Keating, to discuss issues of importance to the organized bar such as funding for the Legal Services Corporation, court funding and federal judicial vacancies in Massachusetts. n
From left to right: MBA Legislative Activities Manager Lee A. Constantine, MBA COO and Chief Legal Counsel Martin W. Healy, U.S. Rep. John F. Tierney, MBA President Denise Squillante and MBA President-elect Richard P. Campbell.
Photo by Bill Archambeault
SJC Chief Justice Roderick L. Ireland, standing, answers a question at the April 14 Bench-Bar Leadership Summit. Sitting, from left to right: Boston Bar Association President Donald R. Frederico, Chief Justice for Administration and Management Robert A. Mulligan, Probate and Family Court Chief Justice Paula M. Carey, and Massachusetts Bar Association Treasurer Robert L. Holloway Jr.
Courts at ‘breaking point,’ Bench-Bar summit calls for help by Bill Archambeault Supreme Judicial Court Chief Justice Roderick L. Ireland and other court leaders assembled the heads of the state’s bar associations recently to ask their support in lobbying legislators for adequate court funding in next year’s budget. Trial Court funding has dropped from around $583.7 million in fiscal 2009 to $544.1 million in fiscal 2011, and now is urging bar leaders to lobby for more than the $518.7 million recommended by the House Ways & Means Committee. Chief Justice for Administration and Management Robert A. Mulligan described the Ways & Means amount as “very, very disappointing. That’s a very tough number to deal with.” Despite having more courthouses and a larger caseload, the courts have lost 1,071 people since July 1, 2007, leaving staffing at its lowest level since 1997. The hardest hit Trial Court division has been the Land Court, which is currently operating at 45 percent of its staffing model level, with 85 percent considered “adequate” and anything below 75 percent considered “critical.” “We’re bleeding out people,” he said, describing the combined effect of attrition and a strict no-hiring policy. “I don’t think we can do this much longer,” Mulligan told the audience of about three dozen people. “I hope you will advocate for us. $518 (million) is a very disappointing number.”
The bar association leaders were provided contact information for House and Senate leaders and asked to lobby them for level funding of $544.1 million for the Trial Court Department and $34.9 million for the appellate courts. Speaking on behalf of the Massachusetts Bar Association, Treasurer Robert L. Holloway Jr., emphasized the association’s commitment to improving the courts’ budget problems. “As Chief Justices Ireland and Mulligan know, the MBA remains committed to lending a voice to this critically important issue,” Holloway said. “In addition to our ongoing lobbying efforts with legislators, we continue to raise awareness among the bar and the public alike regarding the necessary funding to sustain the critical needs of the Massachusetts court system.” Probate and Family Court Chief Justice Paula M. Carey said her staff is relying on “triage” to get by. For example, she said her court can’t do investigations, judges have had to share rulebooks because of budget cuts, and the lack of court officers is causing delays and safety concerns. With the widespread court reforms initiated in the wake of the Monan Report, the courts are now the most transparent, efficient and well-run branch of government, Carey said, adding that the courts can quantify the effects budget cuts have had. Carey said she feels like she’s operated in crisis mode since she was appointed in 2007. “We desperately need your help,” she said. “We are at the breaking point.” n
Brown speaks at banquet for New England Law | Boston U.S. Sen. Scott Brown provided the keynote address at the New England Law | Boston’s Law Day Banquet and Barrister’s Ball on April 8. Originally scheduled to appear in person, Brown joined the event via videoconference due to the ongoing budget negotiations to avoid a federal government shutdown. Using his characteristic down-to-earth style, Brown addressed the students and other event goers about his inspiration to attend law school. “You don’t have to have a privileged background, you just have to have a love for the law and work your tail off,” said Brown, who shared several stories from his upbringing detailed in his book, Against All Odds: My Life of Hardship, Fast Breaks, and Second Chances. Brown’s remarks followed an introduction and a presentation of an honorary doctor of laws degree to Brown by
Photo by Scott Metzger
Dean John F. O’Brien of New England Law | Boston introduces Sen. Scott Brown. New England Law | Boston Dean John F. O’Brien. Brown is a 1985 graduate of Boston College Law School. n