Notable & Quotable: MBA members in the media

Thursday, Dec. 11, 2014

Notable & Quotable


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.


Baker names Povich chief legal counsel

Healy for Notable

"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.


'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.


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.