Cabell and Robertson selected as magistrate
judges
The judges of the United States District Court for the District of
Massachusetts have selected Donald L. Cabell and Katherine A.
Robertson to be magistrate judges, subject to the required
background investigation. Cabell will sit in Boston and Robertson
in Springfield.
Cabell began his legal career as an associate in the firms Hale and
Dorr and Peckham, Lobel, Casey, Prince and Tye in Boston. In 1995,
Cabell was hired as an assistant U.S. attorney. During his time
with the United States Attorney's Office, he has served in the
major crimes unit and anti-terrorism and national security unit.
For the past two years, Cabell served as the Justice Attaché in the
Office of International Affairs at the U.S. Embassy in Paris.
Robertson brings a breadth of legal experience to the bench. She
was formerly a partner at Bulkley, Richardson and Gelinas, LLP in
Springfield where she had a primary focus on employment law and
complex business disputes. In 2011, Robertson was hired as an
assistant district attorney in the Appellate Division of the
Hampden County District Attorney's Office. She graduated from
Princeton University and summa cum laude from Western New
England University School of Law.
Fabricant appointed chief justice of the Superior
Court
Trial Court Chief Justice Paula M. Carey announced the appointment
of Judge Judith Fabricant as chief justice of the Superior Court
for a five-year term in accordance with G.L. c.211B, §5. Fabricant
was appointed to the Superior Court in 1996, and she has served as
a regional administrative justice, as the administrative justice
for the Business Litigation Session and as chair of the Education
Committee since 2009. She succeeds Chief Justice Barbara J.
Rouse.
"As an intelligent and fair jurist, and proven judicial manager,
Judge Judith Fabricant has the skill and temperament to lead one of
the Trial Court's largest and busiest departments," said MBA Chief
Legal Counsel and Chief Operating Officer Martin W. Healy. "We look
forward to collaborating with Judge Fabricant on issues of mutual
interest to the bench and bar, including the implementation of
voir dire."
Judge Fabricant sat in the Suffolk County Superior Court, prior to
her chief appointment. She has served on the Commission on Judicial
Conduct since 2010, and recently was named to the Supreme Judicial
Court Committee on Judicial Voir Dire. She served on the
Trial Court's Process Steering Committee, which developed the Trial
Court Strategic Plan in 2013, and currently guides the Strategic
Leadership Team, which oversees implementation of the plan. She
received the Judicial Excellence Award from the Massachusetts
Judges Conference in 2013.
Fabricant served as an assistant attorney general for Massachusetts
from 1988 to 1996, where she was chief of the Government Bureau
from 1992 to 1996. She also served as an assistant district
attorney in Essex County from 1987 to 1988 and spent three years
with the Boston firm Hill & Barlow. She is a graduate of Yale
College and Yale Law School and resides with her family in
Brookline.
Amended report of SJC's Ad Hoc Committee on Bosch
Litigation
Last winter, the Supreme Judicial Court's Bosch committee issued a
report for comment. The committee received several comments and
amended the report in response to the comments. The Supreme
Judicial Court has adopted the amended report and accepted the
committee's recommendations.
To access a copy of the amended report, click here.
Court announces intent to adopt many new Rules of
Professional Conduct, schedules several proposed rules for
argument
In July 2013, the Supreme Judicial Court's Standing Advisory
Committee on the Rules of Professional Conduct published proposed
revisions to the Massachusetts Rules of Professional Conduct and
invited public comment. Comments were initially due on Dec. 2,
2013, but the committee extended this date until March 2, 2014
after receiving numerous requests for additional time. The
committee has carefully reviewed the 13 comments submitted, and has
made certain revisions to its initial proposal. On May 14, 2014,
the committee submitted the following to the justices:
- Supplemental Report of the Standing Advisory Committee (this
report supplements the report dated July 1, 2013).
- Standing Advisory Committee's Proposed Revisions to Mass. Rules
of Professional Conduct Rules 1.0 - 6.2, 7.1 - 7.5, 8.1 - 8.4.
(This proposal includes minor changes to several rules that were
not included in the original proposal. These minor changes
generally include clarifications or updated cross-references).
- The committee's proposed revised rules marked to show changes
from the proposal dated July 1, 2013.
- The committee's proposed revised rules marked to show changes
from the current Massachusetts Rules of Professional Conduct.
- The committee's proposed revised rules marked to show changes
from the American Bar Association's Model Rules of Professional
Conduct.
- The comments received in response to the request for public
comments.
At the end of October, the SJC issued a notice on the Massachusetts
Rules of Professional Conduct, which outlines the actions that have
been taken.
Probate and Family Court announce new requirements to Div.
of Medical Assistance, Estate Recovery Unit, for informal and
formal estate proceedings
As a result of recent legislative changes to Massachusetts General
Laws Chapter 190B, in an informal proceeding to probate an estate
(with or without a will), a petitioner is now required to give
written notice to the Division of Medical Assistance, Estate
Recovery Unit (DMA), at least seven days prior to filing an
informal petition (MPC 150) by sending a copy of the informal
petition and death certificate to DMA by certified mail.
Coughlin named state bail administrator
Chief Justice of the Trial Court Paula M. Carey and Court
Administrator Harry Spence have announced the appointment of court
veteran Catherine M. Coughlin as the state bail administrator.
Coughlin, who will report to the Executive Office of the Trial
Court, assumes the role as Michael J. McEneaney retires after
nearly 36 years in the position.
In her new role, Coughlin will oversee bail personnel statewide,
acting as a liaison with the various court departments, state
agencies and town and city police departments regarding bail
issues. She will coordinate and develop education and training for
the 230 active bail magistrates statewide.
Proposed Uniform Trial Court Rules for Civil Commitment
Proceedings for Alcohol and Substance Abuse
Chief Justice of the Trial Court Paula M. Carey invites comments on
the proposed Uniform Trial Court Rules for Civil Commitment
Proceedings for Alcohol and Substance Abuse under G.L. c. 123, §
35.
The new rules would clarify the procedures for handling civil
commitments petitions under G.L. c. 123, § 35, set the standard of
proof, and regulate the admission of evidence. The new rules are
intended to introduce uniformity in the procedures applied to G.L.
c. 123, § 35 petitions among the District Court, Boston Municipal
Court and Juvenile Court Departments and geographically throughout
the commonwealth.
The chief justice welcomes all comments pertaining to the issues
raised and will request approval from the Supreme Judicial Court of
finalized proposed rules after reviewing the comments submitted.
Comments should be directed to Chief Justice Paula M. Carey, c/o
General Counsel Joseph M. Ditkoff or Administrative Office of the
District Court, Edward W. Brooke Courthouse, 24 New Chardon St.,
Boston 02114, on or before Jan. 31, 2015. Comments will be made
available to the public upon request.