The Massachusetts House of Representatives voted on May 11 to
pass legislation that seeks to professionalize Trial Court
operations and management by adding additional business expertise
throughout the court system. Further, the bill would clarify lines
of authority and reaffirm the Supreme Judicial Court's
superintendency powers.
House Chairman of the Joint Committee on the Judiciary Eugene
O'Flaherty acknowledged the Massachusetts Bar Association in his
House floor remarks during the approximately hour-long
debate, which resulted in a 152 to 0 vote in favor of the
legislation.
On May 19, the Senate followed suit in passing its version of a
reform measure by another unanimous vote of 39 to 0. However, the
Senate measure eliminated a number of new management positions
sought by the House and court leaders.
The MBA remains concerned that provisions of the Senate bill may
lead to unnecessary disputes, as a number of the House changes
regarding the new court administrator's authority have been
diminished.
House Bill No. 3395 will benefit litigants and the public alike as
it presents multiple efficiencies for the court system.
Specifically, the creation of a court administrator, along with
individual trial court department administrator positions to be
assumed by an expert, non-judicial civilian administrator, are
reforms long advocated by the MBA.
The MBA's independently commissioned 1991 Harbridge House Report
and the 2003 MBA Court Study Task Force Report both included
detailed findings and recommendations regarding the employ of such
an administrator.
"This proposal brings to fruition more than 30 years of best
practices from the state and the nation," said MBA President Denise
Squillante, who was joined by MBA Past President Leo V. Boyle
(1991-92) on May 3 to testify in favor of the bill before the Joint
Committee on the Judiciary. "This change will place Massachusetts
where it should be, as a national model for an innovative and
effective court system," she said.
The MBA will work closely with legislators in the coming weeks as
differences to the two measures are sorted out in conference
committee.