2017 edition of the Massachusetts Guide to Evidence now
available
The Supreme Judicial Court and its Executive Committee on
Massachusetts Evidence Law recently announced the release of the
2017 edition of the Massachusetts Guide to Evidence. The justices
of the Supreme Judicial Court recommend use of the guide by the
bench, bar and public.
"The Executive Committee has updated and expanded the
Massachusetts Guide to Evidence to reflect new legal developments,
and I am most appreciative of their excellent work," Supreme
Judicial Court Chief Justice Ralph D. Gants said. "The Guide is an
invaluable practical research tool and important resource for
understanding Massachusetts evidence law. Attorneys, judges, and
self-represented litigants rely on the Guide daily in courts
throughout the Commonwealth."
The 2017 edition is the ninth annual edition of the Guide. An
electronic version is available without charge on the court's
website, where it can be searched and downloaded. The Official
Print Edition of the 2017 edition of the Massachusetts Guide to
Evidence is available for purchase from the Flaschner Judicial
Institute, which is again providing a complimentary copy to every
sitting judge in the commonwealth. The Massachusetts Guide to
Evidence assembles existing Massachusetts evidence law in an
easy-to-use document organized similarly to the Federal Rules of
Evidence. The Guide includes extensive explanatory notes and
citations to pertinent authorities.
The 2017 edition of the Guide reflects developments in
Massachusetts evidence law that occurred between January 1, 2016
and December 31, 2016. In addition to incorporating dozens of new
opinions issued in 2016 by the Supreme Judicial Court and the
Appeals Court, the 2017 edition contains substantial revisions,
including: (1) addition to Section 102 of different types of cases
where the new abuse of discretion standard has been used; (2)
changes to Section 103 (Rulings on Evidence, Objections, and Offers
of Proof) to reflect changes in the requirement that a party
objecting to a ruling on a pretrial motion in limine must restate
the objection at trial; (3) a new addition to the Note to Section
403 addressing cases involving evidence of similar occurrences; (4)
an overhaul of Section 1114 (Restitution); and (5) a new Section
1116 on the use of, and objections to, peremptory challenges of
potential jurors.
In 2006, the Supreme Judicial Court established the Advisory
Committee to prepare a Massachusetts Guide to Evidence at the
request of the Massachusetts Bar Association, the Boston Bar
Association, and the Massachusetts Academy of Trial Attorneys. In
2008, the Supreme Judicial Court appointed the Executive Committee
of the Advisory Committee on Massachusetts Evidence Law to monitor
and incorporate new legal developments and produce annual new
editions of the Guide. Appeals Court Judge Peter Agnes chairs the
Executive Committee and is the editor-in-chief of the Guide. The
other members of the Executive Committee are: Attorney Elizabeth N.
Mulvey (editor); Hon. Mark S. Coven (editor); Clerk of the Appeals
Court Joseph F. Stanton (reporter); Hon. Stephen M. Limon; Hon.
Barbara Hyland; Supreme Judicial Court Senior Attorney A.W. "Chip"
Phinney; New England Law Boston Professor Philip K. Hamilton;
Boston University School of Law Professor Mark Petit; Benjamin K.
Golden, Esq.; Edmund P. Daley III, Esq.; Appeals Court Law Clerk
Anthony Podesta, Esq.; and Supreme Judicial Court Justice David A.
Lowy, who has been a member of the Committee since its inception,
and now serves as a consulting member.
State leaders release report on criminal justice reform
measures
Governor Charlie Baker, Senate President Stan Rosenberg, House
Speaker Robert DeLeo, and Supreme Judicial Court Chief Justice
Ralph Gants, along with the Council of State Governments (CSG)
Justice Center released a report on Feb. 21 which, along with
related legislation, outlines ways in which Massachusetts can
enhance public safety, avoid nearly $10 million in projected
corrections costs by 2023 and accelerate further reduction of its
incarcerated population.
Compared to other states, Massachusetts has a relatively low
overall incarceration rate. However, there remains room for
improvement. Two-thirds of those released from Houses of Correction
and more than half of those released from the Department of
Correction recidivate within three years. With corrections spending
over a billion dollars per year the Governor, the Speaker, the
Senate President, and the Chief Justice of the Supreme Judicial
Court requested that the Council of State Governments Justice
Center conduct a data driven analysis to assist in the development
of recommendations to reduce recidivism, improve public safety and
generate savings.
A bipartisan, inter-branch steering committee and working group
were established to support this work. Between January 2016 and
January 2017, the 25-member working group met six times, and its
five-member steering committee met seven times to review analyses
conducted by the CSG Justice Center and discuss policy options. In
assisting the working group and steering committee, CSG Justice
Center staff analyzed more than 13 million state records, conducted
more than 300 in-person meetings, and helped craft research-backed
policy options to address the state's criminal justice system
challenges.
To that end, policy options outlined in the CSG Justice Center's
report reflect a three-pronged strategy including legislative,
administrative and budgetary actions that each branch of government
will take to help reduce recidivism within the commonwealth. These
actions will incentivize participation and expand access to pre-
and post-release programming, strengthen post-release supervision,
streamline the parole release process and improve and standardize
data collection and performance monitoring across the criminal
justice system. Actions include a commitment to increased funding
for substance use and work training programming, enhancing
post-release supervision, and expanding access to earned good time
credits for completing recidivism-reduction programs during
incarceration.
"Massachusetts should be proud that our prison population has
declined by 1,300 inmates over the last two years, leaving us with
one of the lowest incarceration rates in the country," said Gov.
Charlie Baker. "However, we must focus on addressing recidivism by
providing opportunities for certain prisoners who are willing to
help themselves and participate in programs like workforce skills
training opportunities that put them on the path to being
productive members of society once their sentence is served."
"The steering committee, co-chairs, and working group used their
deep experience and unique perspectives to work with the CSG
Justice Center to produce this informative report, " said
Lieutenant Governor Karyn Polito. "We look forward to continuing
our exchange of ideas with all stakeholders and implementing
important reforms on criminal justice."
"Thank you to the CSG Justice Center and everyone who put so
much time and effort into this report," said Senate President Stan
Rosenberg (D-Amherst). "It will help inform our work on Criminal
Justice Reform this session. We will incorporate its findings into
what I hope will be real substantive changes to the entire range of
issues facing our criminal justice system that will reduce
recidivism, improve public safety, and generate savings."
"I thank the CSG Justice Center and the Working Group for their
detailed analysis and thoughtful recommendations," said Speaker
Robert DeLeo (D-Winthrop.) "By taking an encompassing approach that
includes legislative, administrative and funding components, I
believe that we can make lasting change. I am particularly invested
in ensuring that support programming - for example job training,
substance addiction programs, and help securing housing - is of the
highest quality."
"I am grateful for the hard work and perseverance of the CSG and
the Working Group, as well as the leadership and teamwork of my
steering committee colleagues - Governor Baker, Lieutenant Governor
Polito, President Rosenberg and Speaker DeLeo, " said Supreme
Judicial Court Chief Justice Ralph Gants. "The resulting report and
legislative policy proposals highlight the need for a comprehensive
approach to reducing recidivism that combines an individualized
focus on a defendant's risk, needs, and responsivity to programs;
increased access to and incentives for education, job training, and
treatment programs for defendants both in prison and during
post-release supervision; and a recognition of the importance of
facilitating a defendant's reintegration into society. By examining
these issues, the CSG project has enabled us to take a step forward
in reforming our criminal justice system and created a springboard
for further reforms."
The justice reinvestment process began in August 2015 when
leaders from all three branches of government officially requested
intensive technical assistance from the CSG Justice Center with the
support from the Pew Charitable Trusts and the U.S. Department of
Justice's Bureau of Justice Assistance. Twenty-six states have
successfully used the justice reinvestment approach to date,
including Idaho, North Carolina and West Virginia.
SJC Standing Advisory Committee on Rules of Professional
Conduct invites comment on proposed amendments to Rule 3.5 and new
Rule 1.6A
The Standing Advisory Committee on the Rules of Professional
Conduct invites comment on proposed amendments to Rule 3.5 of the
Rules of Professional Conduct. The amendments would add a new
subparagraph (4) to Rule 3.5(c) and replace Comment 3 to that rule
with proposed Comments 3, 3A and 3B. These proposed amendments are
intended to conform Rule 3.5 to the Supreme Judicial Court's
decision in Commonwealth v. Moore, 474 Mass. 541
(2016).
At the request of the Supreme Judicial Court, the committee has
also proposed for comment a new Rule 1.16A on file retention and
disposition and related comments. The rule is not based on an ABA
Model Rule, but similar rules have been adopted in some other
jurisdictions. The court and the committee believe that lawyers and
clients will benefit from clearer guidance on the rules relating to
client files. Paragraph (b) of the proposed rule incorporates and
updates provisions found in current Rule 1.16(e). The adoption of
proposed Rule 1.16A and its related comments would be accompanied
by the repeal of Rule 1.16(e) and Comment 10 to Rule 1.16.
The committee will make its final recommendation to the justices
of the Supreme Judicial Court following review of comments
received.
To read the full report, visit https://csgjusticecenter.org/jr/ma/
Supreme Judicial Court announces new executive director
to the Board of Bar Overseers
The Supreme Judicial Court has announced that the Massachusetts
Board of Bar Overseers has named Gregory Wenger as its Executive
Director, effective Feb. 6.
The Board of Bar Overseers was established by the Supreme
Judicial Court in 1974 as an independent administrative body to
investigate and evaluate complaints against lawyers. The
twelve-member Board is comprised of volunteers appointed by the SJC
to four-year terms. Eight of the members are lawyers; the other
four are public members. The Board acts as an administrative
tribunal to consider disciplinary charges brought by Bar Counsel.
The BBO's Executive Director provides strategic planning and
operational management for the board, as well as operational and
administrative support for all BBO functions, including the Office
of General Counsel, the Office of Bar Counsel, Attorney
Registration, and the Clients' Security Board.
"We're pleased that the Board has filled this important
position," said Supreme Judicial Court Justice Frank Gaziano, the
Court's liaison to the Board. "We expect that Mr. Wegner's talents
and experiences will be significant assets to the Board."
For the last fifteen years, Mr. Wegner has served as County
Administrator for Hillsborough County, NH. He has led the strategic
administrative planning and implementation of all activities of the
Hillsborough County Board of Commissioners and the Office of
Administration and Finance. In this role, Mr. Wegner has had
significant experience in finance, human resources, IT, and
facilities management.
Prior to that, he held positions in law firms both in his native
New Hampshire and the Boston-area. Mr. Wegner is a graduate of
Boston College and Suffolk University Law School, and clerked for
the Honorable Martin Loughlin, United States District Court
District of NH. He has been a member of the Massachusetts bar since
1985.
The activities of the board are governed by Supreme Judicial
Court Rule 4:01 and the Rules of the Board of Bar Overseers.
Although it is an official body subject to the supervision of the
Supreme Judicial Court, no public funds are spent to support it.
The board's revenues come solely from the annual registration fees
paid by lawyers.
Board of Bar Overseers members:
Donna Jalbert Patalano, Chair
Vincent J. Pisegna, Vice Chair
Andrew Ferrara
Erin K. Higgins
Thomas A. Kenefick, III
Francis P. Keough
David B. Krieger, M.D.
John J. Morrissey
Regina Roman
David A. Rountree
Kevin P. Scanlon
Michael G. Tracy