Notable & Quotable: MBA members in the media

Thursday, Jul. 30, 2015

Notable & Quotable


Appeal of Bulger conviction


"The argument holds water meaning it's a valid argument on appeal and that's obviously why the Appeals Court feels it's something that they have to hear and entertain. Whether they're going to determine that based on the evidence on the record in the lower court -- which is the Trial Court, District Court -- whether the evidence bears that out is another story."

MBA President Marsha V. Kazarosian, WBZ NewsRadio 1030, July 27

Kazarosian was interviewed by WBZ NewsRadio 1030 on a hearing held Monday in which lawyers for James "Whitey" Bulger asked the federal First Circuit Court of Appeals to grant Bulger a new trial because he was not allowed to testify and present an immunity defense at his 2013 racketeering trial. Bulger was convicted of murder in his first trial and received two life sentences.


Drivers license suspension for drug offenders


"We feel that a penalty for a particular offense ought to be tied into the action of the offense. Taking away someone's ability to earn a living and provide for their family may not be the smartest way forward in fighting drug addiction or drug usage. It doesn't make sense to further penalize folks for certain behavior that has nothing to do with operation of a motor vehicle."

MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy, The Republican/, July 23

Healy was quoted in a story about two bills (H.3039 and S.1812) which seek to remove automatic drivers license suspension in cases when a drug offense is not related to a motor vehicle. Currently, anyone convicted of a drug offense in Massachusetts receives up to a five-year suspension of their drivers license and a $500 fine.


Smartphone privacy in Brady suspension


"Smartphones are something that we've never had in history before where your entire life is on a smartphone--your financial records, your personal photographs, your private, romantic communications. Every inch of your life is on that smartphone."

MBA Criminal Justice Section Vice Chair Peter Elikann, NECN, July 29

Elikann was interviewed by New England Cable News on the issue of smartphone privacy in light of the NFL's suspension of New Enlgand Patriots quarterback Tom Brady. The NFL upheld Brady's four-game suspension earlier this week after hearing his appeal. The case is now expected to head to federal court.   


Of note:

  • MBA President Marsha Kazarosian was quoted in a July 23 Massachusetts Lawyers Weekly article about the Supreme Judicial Court's ruling in Wong v. Luu, et al., which defined the bounds of a judge's fee-sanction power. Paul E. White, chair of the MBA's Complex Commercial Litigation Section, was also quoted in the article saying "In the absence of clear rules, there is a risk of unfairness to a lawyer who might be subject [to the imposition of fees] by one judge and not another."