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Voir dire
protocols
"What it's
done is addressed certain issues we've all been concerned about.
For example, it addresses the standard by which jurors can be
excused for cause. If there is a doubt as to the juror's
impartiality, that can be the basis for excusing a juror for
cause."
MBA President Marsha V.
Kazarosian, Boston Business Journal, December
9
Kazarosian was quoted in a BBJ piece
on the release of Superior Court Standing Order 1-15 governing the
protocols for attorney-conducted voir dire. The
Legislature passed a bill in July allowing attorney-conducted
voir dire in Superior Court jury trials.
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Baker names Povich chief legal
counsel
"It's a home-run appointment for the governor. He's
one of the brightest intellects in the legal community."
MBA Chief Legal Counsel and
Chief Operating Officer Martin W. Healy, Boston Globe, December 8
Healy was quoted in a Globe story on Governor-elect
Charlie Baker's selection of Lon Povich to serve as chief legal
counsel in the forthcoming administration. "We'll be there early on
congratulating Lon on his appointment, but also trying to lobby him
to do the right things and to make the right recommendations to the
governor," said Healy.
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'Solve It 7': Gym closes
abruptly
"If they were taking money and they were still
advertising a few days prior to closing their doors, it could rise
to some serious criminal conduct where they could face penalties,
also including jail or fines."
MBA President-elect Robert W.
Harnais, WHDH TV (Channel 7), December 4
In this segment of "Solve It 7" Harnais provides legal analysis
on the case of Ten X gym in Natick, which abruptly closed recently.
Some members were able to have their membership fees refunded
because they paid with a credit card while others are still seeking
refunds. According to Harnais, members who are still owed refunds
should contact the Attorney General's Office immediately.
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Interlocutory appeals policy
"It's the
price of being in a democracy that you really do have to treat
everyone equal, and they shouldn't be basing their prosecution
against a particular defendant solely on dollars and
cents."
MBA Criminal Justice Section
Vice Chair Peter Elikann, Massachusetts Lawyers Weekly, December
4
Elikann spoke to Massachusetts Lawyers Weekly about the
practice of favoring interlocutory appeals against indigent
defendants with appointed counsel rather than defendants with hired
attorneys. "If you're treating a person who can't afford private
counsel differently than a person who can afford private counsel,
then that would be unequal protection under the law in violation of
equal protection," said Elikann.
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