
SJC approves new rules on criminal
pretrial discovery
The Supreme Judicial Court has issued an order approving the first comprehensive revisions to the rules governing criminal pretrial discovery since 2004. Specifically, the order approves the replacement of existing Rule 14 of the Rules of Criminal Procedure with new Rules 14, 14.1, 14.2, 14.3 and 14.4.
New Rule 14, Pretrial Discovery from the Prosecution, responds to the court’s request in Committee for Public Counsel Services v. Attorney General, 480 Mass. 700 (2018), that the Standing Advisory Committee on the Rules of Criminal Procedure (SAC) provide more detailed guidance to prosecutors by drafting a checklist identifying the most likely sources and types of information subject to disclosure under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. Instead of referring to “exculpatory” items or information, the new rule uses the more modern and simpler reference to items or information “favorable to the defense.” It also provides a non-exhaustive list of examples of items and information favorable to the defense, as well as changes to procedures for mandatory disclosure to the defense.
Meanwhile, the remaining discovery provisions of prior Rule 14 have been reorganized in Rules 14.1, Pretrial Reciprocal Discovery from the Defense; 14.2, Pretrial Discovery Procedures; 14.3, Pretrial Discovery of Affirmative Defense; Self Defense and First Aggressor, and 14.4, Pretrial Discovery of Mental Health Issues.
Rules 14, 14.1, 14.2, 14.3, and 14.4 take effect on March 1, 2025, to allow judges, prosecutors and the defense bar to become familiar with the new pretrial discovery requirements and procedures.
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Three open positions on SJC Standing Committee on Lawyer Well-Being
The justices of the Supreme Judicial Court invite interested members of the legal community to apply for appointment to a three-year term on the Standing Committee on Lawyer Well-Being. The committee’s volunteer members oversee efforts to enhance the well-being of lawyers, judges and law students in the commonwealth.
The justices will be making three appointments to the committee. They seek applications from legal educators and attorneys who practice in the public sector or mid-sized private law firms. Individuals with diverse backgrounds and experiences, with affiliations to local and affinity bar associations, and who practice outside of the immediate Boston metropolitan area are strongly encouraged to apply.
Interested applicants should send a letter describing their experience and interest and a one-page resume to Anna Rachel Dray-Siegel, assistant legal Counsel, at anna.dray-siegel@jud.state.ma.us by Jan. 7, 2025. Questions about the application process or the position should be directed to Dray-Siegel.
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U.S. Court of Appeals adopts rules amendments
The U.S. Court of Appeals for the First Circuit has adopted amendments to Local Rule 35.0, Local Rule 40.0 and Internal Operating Procedure X.
Previously, the court provided notice of the proposed amendments and received non-substantive comments from its Rules Advisory Committee on the changes to Local Rule 40.0. In response, the court reorganized that rule's subsections, edited two headings for clarity, and changed references to "petition for rehearing" to "petition for panel rehearing or rehearing en banc" for completeness. No additional comments were received.
Click here to view the amended rules.
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Discovering Justice seeks volunteer jurors for
Mock Trial Program
Discovering Justice is seeking volunteer jurors to participate in its Mock Trial Program on Wednesday, Dec. 11, from 5-7 p.m., at the John J. Moakley U.S. Courthouse, 1 Courthouse Way, Boston. Jury members will attend the event, listen to students present their case, and provide a verdict at the conclusion of the trial.
Participating middle school students from eight Boston-area schools have been preparing their cases for the past few months, guided by their legal mentors.
Following the trial, there will be refreshments and opportunities to network with other jury members.
For more information or to volunteer, email mleonard@discoveringjustice.org.
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Job opening
Assistant deputy court administrator for the Land Court
The Land Court is seeking to hire an assistant deputy court administrator/legal counsel to provide provide specialized administrative oversight and legal support to the Land Court Department.
Duties include assisting the chief justice and the deputy court administrator with legal matters, researching legal questions, writing memoranda, developing procedures and rules, analyzing legal and administrative issues, drafting regulations and proposed legislation, tracking pending legislation, developing and implementing uniform case processing practices and programs related to effective case management and Trial Court best practices, and supervising the legal staff of the Administrative Office of the Land Court Department.
Applications will be accepted through Dec. 23. Click here for more information and to apply.