The Massachusetts Bar Association’s House of Delegates (HOD) voted to endorse separate statements supporting the rule of law and transgender rights, as well as other section council proposals, at its meeting on Thursday, March 20.
MBA President Victoria M. Santoro introduced both statements for endorsement at the HOD meeting, beginning with the Feb. 10 statement from the American Bar Association (ABA), titled “ABA Supports the Rule of Law.” The ABA statement criticizes the federal government’s recent attacks against birthright citizenship, USAID and lawful anti-discrimination efforts, and asks elected officials to “stand with us and to insist upon adherence to the rule of law and the legal processes and procedures that ensure orderly change.” It further urges all lawyers to “join us and insist that our government, a government of the people, follow the law.” HOD members voted to endorse the statement.
(Following the HOD meeting, the ABA released a renewed statement on the rule of law that the MBA signed onto for the same principles.)
HOD members also voted to endorse a joint resolution from the MBA and the Massachusetts LGBTQ Bar Association to support the transgender community and “vigorously oppose” recent anti-trans executive orders and legislation. The resolution says, in part: “We will support trans attorneys and legal professionals in the Commonwealth and beyond. We will stand with the transgender and LGBTQ community as a whole. We will aggressively fight these actions at every level, including in the courts.” (Read the full resolution here.)
In other new business, HOD members weighed in on several section-council-submitted measures:
HOD members approved a Civil Litigation Section Council proposal to submit proposed comments on Rule 1.26, which would allow the continued use of electronic signatures that were allowed during the COVID pandemic. The proposed comments would support attorney use of electronic signatures, but oppose the rule as it applies to parties and as it applies to attorneys signing on behalf of clients.
HOD members also approved a Family Law Section Council proposal to endorse the proposed amendments to the 209c forms, which relate to litigating de facto parentage. The proposed amendments offer several comments and suggestions for alternative language.
Following a proposal introduced by the Civil Rights and Social Justice Section Council, HOD members also voted to support, in principle, HB.1588 and SB.1122 (“The Dignity Not Deportations Act”), relative to immigration detention and collaboration agreements. The proposed law would “prohibit Massachusetts entities, including sheriffs, from voluntarily renting beds to ICE. And it would prohibit Massachusetts entities from donating time and resources to ICE by signing contracts — such as 287(g) agreements — that deputize local officials as ICE agents.”
Earlier in the meeting, Santoro introduced Trial Court Administrator Thomas G. Ambrosino, who asked for MBA members’ support for the court’s budget request this year. He explained that the court is asking for $47 million more than last year’s budget request, citing cost-of-living increases ($30 million), lease cost increases ($7 million) and money to maintain the court’s current IT modernization efforts ($10 million).
MBA President-elect Michael H. Hayden also gave a report highlighting several notable events in March, such as the Leadership Academy graduation on March 10 and the bench/bar leaders meeting at the SJC on March 12. He also noted that the MBA again was proud to sponsor and present the Pro Bono Awards at Massachusetts Lawyers Weekly’s Excellence in the Law event on March 18. Looking ahead, Hayden touted the Massachusetts Black Lawyers Association’s Annual Gala in April and urged everyone to attend the MBA’s Annual Dinner on May 8.
Meeting notes: The minutes from the January HOD meeting were approved as amended. Santoro began the meeting with a moment of silence for MBA Past President Paul Sugarman, who passed away last month.