On May 18, the Massachusetts Bar Association’s House of Delegates (HOD) took up and approved several measures of new business, including voting to support legislation that would increase the number of assistant registers at state registries of probate.
MBA President Grace V.B. Garcia began the meeting with a brief recap of the MBA’s Annual Gala on May 11, noting how great it felt to see everyone in person again at the MBA’s signature event. Looking ahead, she encouraged MBA members to attend upcoming programs, such as the Access to Justice Awards (June 8), Juneteenth Celebration (June 15) and the Transition into Practice program series of CLEs for newly admitted attorneys and soon-to-be-graduating law students that was put together by the most recent class of Leadership Academy Fellows (next date, June 7).
Garcia also highlighted the MBA’s Diversity, Equity and Inclusion Committee’s series of programs on “Microaggressions in the Workplace” for leading to great discussions on difficult topics. The last session of this series is scheduled for June 7.
During his report, MBA President-elect Damian J. Turco observed that the May HOD meeting was Garcia’s last as president, and he asked for a round of applause for all her accomplishments, including the many successful collaborations she has fostered between the MBA and other organizations this year.
After HOD members voted to approve the minutes from the last meeting, MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy announced that MBA Past President Marsha V. Kazarosian was reappointed to the Massachusetts Peace Officer Standards and Training (POST) Commission. He also introduced the candidates for election to the MBA’s Executive Management Board for the 2023-24 year. Following the electronic vote, Marsha V. Kazarosian, Georgia K. Critsley and Jane Eden were elected to three-year terms and Paul J. Klehm was elected to fill the vacancy created by Shayla J. Mombeleur’s election as MBA Secretary.
New Business
During its report, the Workers’ Compensation Section Council sought HOD approval to encourage the Department of Industrial Accidents to resume in-person conferences with judges. Workers’ Compensation Section Chair Ryan Benharris explained that the virtual conferences, which have been in place since the beginning of the pandemic, put employees seeking Workers’ Compensation benefits at a disadvantage. The measure was approved by the HOD.
Family Law Section Chair Marc Moccia introduced the Family Law Section Report and asked the HOD to support, in principle, bills (H.1813/S.1083) relative to the efficient management and operation of the registries of probate. The proposed legislation would add First Assistant Registers and Assistant Registers to Registry Offices to address the change in services required to modernize the work of the Probate and Family Court. The measure was approved by the HOD.
The American Bar Association Nominating Committee Report, introduced by ABA Nominating Committee Chair Lisa Arrowood, asked the HOF to affirm the Nominating Committee’s vote allowing Marsha V. Kazarosian, Hon. Robert W. Harnais and Francis C. Morrissey to continue serving as MBA representatives to the ABA. The measure was approved by the HOD.
The Probate Section Council’s Report, introduced by Probate Law Section Chair Lisa M. Rico, asked HOD members to approve, in principle, three principles in any proposed estate tax changes: 1) Getting rid of “the cliff”; 2) An exemption of up to $3 million per person; and 3) No change in the estate tax brackets. They also asked the HOD to oppose a prorated credit for out-of-state real and tangible personal property. The measures were approved by the HOD.
Civil Litigation Section Chair Edward Denn introduced his section council’s report, which sought HOD approval to submit comment on opposing the proposed amendments to Superior Court Rule 9C, which would create an additional conference obligation on the moving party. The measure was approved by the HOD.
Following a vote to suspend the rules and take up new business that wasn’t on the agenda, Marianne LeBlanc, co-chair of the MBA’s Lawyer Well-Being Committee, proposed a resolution from the MBA that would reaffirm civility and professionalism as pillars of lawyer well-being and reassert the principle that lawyers should grant reasonable requests for continuances. The measure was approved by the HOD.
In addition to the actions taken on new business, HOD members also heard a status report from MBA Amicus Committee Chair Thomas Carey and an informational report from Jessica Oey of For the Record, the court technology company that is working with the Massachusetts Trial Court to get new users onto a new version of its digital recording software in Massachusetts courthouses.