MBA President Jeffrey N. Catalano
When the Massachusetts Bar Association was incorporated in 1910,
it adopted the motto "Fiat Justitia" -- Let Justice be Done. Over
the course of the MBA's 100 year existence, we have been called
upon to live up to that creed. At various times, we have spoken on
matters of great importance to our jurisprudential system and the
rights of others under the state and federal constitutions. Some
matters were controversial at the time, but history has looked
favorably upon our actions on those occasions. As this state's
largest bar association, we have always understood that apathy is
not an option in matters of justice. That is because unchecked
infringements on the rights of one diminishes us all.
We are now presented with another occasion to act arising out of
recent presidential executive orders (EO) relating to immigration.
We do so humbly appreciating the words of Martin Luther King Jr.
who said, "Even when pressed by the demands of inner truth, men do
not easily assume the task of opposing their government's
policy."
Yet, in a state whose constitution served as the model for the
U.S. Constitution, it is particularly incumbent upon this bar
association to be a bulwark against any threats to due process
rights under both constitutions. These threats arise when actions
are taken that may deport or detain people without a fair hearing;
or that may separate mothers from children, such as in the New
Bedford factory sweeps; or that unfairly discriminate against or
burden people seeking refuge on our shores.
Accordingly, the MBA is proud to be the first state bar to pass a
historic Immigration Resolution reaffirming our support
for the due process and constitutional rights of those who are
subjected to deportation or detention under new EOs. This
Resolution, proposed by the MBA's Richard Cole, received the
overwhelming support of our section councils, county bars and affinity bars, and the House of Delegates at
our meeting on January 26, 2017.
It endorses actions by our governments to "[e]nsure that
appropriate legal measures are taken to prevent and prohibit any
discriminatory immigration-related enforcement practices by
federal, state, or local law enforcement officials or agents that
target or profile persons based on their race, ethnicity, national
origin, religion, sexual orientation, gender identity or gender
expression." In addition, the Resolution endorses "immigration
enforcement programs that . . . prevent expansive detentions or
deportations that result in family separations and negatively
impact the education of students."
Following that Resolution, the MBA provided a Declaration in support of the commonwealth's
motion in federal District Court to extend the temporary
restraining order on the ban due to harm to the commonwealth and
its residents. The Declaration I drafted with MBA Chief Legal
Counsel Martin Healy expressed the concern that the EO would cause
unfair discrimination and detrimentally impact foreign attorneys
practicing here, as well as law firms that represent multi-national
companies, and Massachusetts law schools with international faculty
and students.
This week the MBA, under the leadership of Kevin Curtin, became
the only state bar association to co-sponsor the American Bar
Association's Resolution urging that the executive branch
ensure that any executive orders concerning border security,
immigration enforcement and terrorism be within the bounds of laws,
treaties and other agreements.
Sometimes these occasions to act seem laden with partisanship, but
that is never the MBA's motivation. And, the MBA must not let any
such misperception deter us in our pursuit of the overarching goal
of reaffirming our rights, regardless of which party is in
power.
Underlying all of our measures is confidence in the nobility of
our intentions to protect the unalienable rights of everyone. While
national security is a compelling government interest, there is
also much at risk if we do not challenge arbitrary and
discriminatory actions against our most vulnerable people by our
highest authorities.
Throughout our efforts, we followed an orderly and fair process
that obtained overwhelming consensus. We are very honored by the wide-spread praise we have received for our
work. We realize that this feeling may not be unanimous. However,
this great bar association has an opportunity to demonstrate that
what unites us is far stronger than that which divides us. And that
which must unite us was eloquently stated by Chief Justice Edward
F. Hennessy of the Supreme Judicial Court when he addressed the MBA
in 1986:
[W]e are becoming an increasingly pluralistic nation.
Of all things that threaten us, I think racial, religious and
ethnic hatred is the most clear and present danger to our country,
particularly as we observe the horror of terrorism in other nations
...
Wouldn't it be a great thing if the lawyers of America were to
become a permanent, outspoken cadre for fairness, equality, and
decency for all persons and all groups, and against bigotry and
discrimination.
Thirty years later, the MBA is again prepared to continue its
most important mission of ensuring that "Justice be Done" -- always
and in every matter.
Jeffrey N. Catalano
MBA President
This statement was also sent directly to all MBA members via
email on Feb. 10.