This Blog Has Moved

We are still blogging, but now in our new home at http://blog.mass.gov/masslawlib We look forward to seeing you there!

Sculpture in the Courthouse and the Law Library

At a time when law libraries are redefining themselves as a set of services rather than a place, there still may be a bit of time to value the place or the object within the place. Justice has long been personified, and artists have created representations that have graced our Courthouses and Libraries. Examples are still around to be appreciated.

In 1910, the American Antiquarian Society donated an 8-foot-4-inch-tall plaster cast of Michelangelo’s statue of Moses to the Worcester County Law Library Association. Moses assumed a place of honor in the Worcester Courthouse in Lincoln Square. For 97 years thereafter, Moses became the meeting place within the Courthouse for lawyers and their clients. When the Courthouse moved down Main Street to its new location, Moses came along. Ten inch tall replicas of the statue are now for sale by the Worcester County Law Library Trust, initially offered to recoup the cost of repairs to the statue; but the smaller cousins have become coveted artifacts. The replicas are on view at the Worcester Law Library.

Any visitor to the John Adams Courthouse in Boston will be impressed by Domingo Mora’s figural representations of sixteen ideas related to Law and Justice in the Great Hall. In the same location, there is a bronze statue of the nineteenth century attorney, Rufus Choate, by Daniel Chester French. A recent cleaning of the work has obscured the fact that practicing attorneys had a habit of rubbing Rufus Choate’s left foot for good luck before going into the Courtroom, giving it a particular shine.

Prominent among Daniel Chester French’s teachers was a sculptor named Thomas Ball. One of Ball’s favorite subjects was orator and attorney Daniel Webster. In 1853, a series of bronze casts were made of Ball’s clay statuette of Webster. Examples of these statuettes are currently in the collections of the U.S. Senate and the Metropolitan Museum of Art, and on view at the Berkshire Law Library. In 1876, Ball went on to sculpt a much larger (14’) version of the statute that stands today in New York’s Central Park. At the Law Library, Daniel Webster has a series of festive hats (several top hats, a straw hat, a sombrero) that he can be seen to sport.

Art appreciation, in the case of the statues of Moses, Rufus Choate, and Daniel Webster, is about looking and recognizing the story that is there waiting to be told.

Law Libraries' Website and Blog are Moving

Late next week, both our website and blog will be moving to their new homes within the mass.gov framework, as part of the larger Massachusetts Courts site. All of our content is coming with us, but as with any move, it may be a bit of a challenge at first to find what you need. We plan to create redirects from every page of the old site to their new locations.

In the meantime, change your bookmarks for the law libraries' site from http://www.lawlib.state.ma.us to http://www.mass.gov/lawlib. This URL will get you to the current site until we move, and will get you to the new site after the move. We will post information on this blog about the new blog URL once we go live. As always, if you have any questions along the way, feel free to ask our librarians - they'll be happy to help!

"First Major Overhaul of Rules of Professional Conduct in 17 years" - Mass. Lawyers Weekly

According to the November 10, 2014 edition of Massachusetts Lawyers Weekly, oral argument on proposed changes to the Rules of Professional Conduct will be heard by the Supreme Judicial Court on December 18th, 2014 at 10 AM, as there are significant differences with the current Massachusetts Rules of Professional Conduct on topics such as post-trial contact with jurors and discipline of law firms for misconduct. The Supreme Judicial Court's webpage on the proposed changes is a wealth of information including Advisory Committee's Proposed Revisions, Supplemental Report of the Advisory Committee, red-lined versions to compare the proposed revisions with an earlier version of the proposed changes, with the current Massachusetts  Rules of Professional Conduct and with the American Bar Association's Model Rules of Professional Conduct, as well as comments submitted by organizations and public officials.

For further Law on Lawyers, see our webpage on Attorneys

ElderLaw Portfolio Series

The newest release for the ElderLaw Portfolio Series updates portfolio number 14, Veteran's benefits for the elderly. This portfolio covers a veteran's eligibility for benefits as well as the claims process, and practicing before the VA. The release also adds a new portfolio to the series, number 14A: Practical aspects of veterans aid and attendance benefit and housebound benefit laws and procedures. This portfolio "provides practice guidance pertaining to the applications for A & A pension for veterans and widows or widowers of wartime veterans."  This, and other titles, can be borrowed for two weeks. And don't forget to check out our webpage on veterans.

Lowell Law Library is closed today

Due to staffing emergency, the Lowell Law Library will be closed today.  If you need assistance, please contact one of the other 17 libraries listed at http://www.lawlib.state.ma.us/libraries/index.html.  We apologize for any inconvenience.

Report Shows Civil Legal Aid Funding Inadequate in Massachusetts

A Boston Bar Association task force issued a report in October 2014 entitled Investing in Justice: A Roadmap to Cost- Effective Funding of Civil Legal Aid in Massachusetts.   It states that sixty four percent of low income people in Massachusetts seeking civil legal assistance were denied services last year.  The reason is that legal aid agencies do not have enough staff to handle all of the cases due to lack of funding.  Revenue comes from state appropriations, federal assistance, and private sources such as law firms and foundations.  The inadequate level of funding not only has a negative effect on low income citizens seeking justice, but it also impacts the courts.  Unrepresented litigants often do not understand court procedure or how to introduce evidence which slows down cases.  Judges reported problems from lack of representation were most often seen in housing and family law cases.  Independent economic consultants looked at "whether increased civil legal aid funding could provide cost savings and other benefits to the Commonwealth."  The conclusion was that there were direct and indirect benefits for low income residents and the Commonwealth.  Based upon the information gathered, "the task force urges the Massachusetts legislature to significantly increase funding for civil legal aid programs."

Coaches Must Learn CPR

The House and Senate approved and sent to Governor Patrick a measure that would require a cardiopulmonary resuscitation certification for athletic coaches (CPR).  Certification obtained from the American Heart Association, American Red Cross or other state-approved agency would be mandatory by August 2015.  S1918 exempts coaches with a physical disability and prohibits local cities and towns from being responsible for the training costs of approximately $50.00 per person.

Spanish Legal Website

The Boston Bar Association Lawyer Referral Service (BBA LRS) is a public service provided by the Boston Bar Association.  Recently, the BBA LRS launched a new Spanish-language website.

The Lawyer Referral Service is "the BBA’s largest public service program and has a specific commitment to reaching historically underserved populations. The LRS Program connects callers in need of legal assistance with qualified help from private attorneys, legal services agencies, government offices, and community programs."

See also our webpage on "Massachusetts Lawyer Referral."

Practicing law without a license

Law librarians are often asked by patrons to give them what amounts to legal help.   There is an important distinction to keep in mind in this regard. Librarians can provide legal information, but not legal advice. Giving legal advice would be practicing law without a license.  Legal advice can only be provided by a lawyer.  

Massachusetts General Law chapter 221, section 46A states succinctly:  

"No individual, other than a member, in good standing, of the bar of this commonwealth shall practice law, or, by word, sign, letter, advertisement or otherwise, hold himself out as authorized, entitled, competent, qualified or able to practice law; provided, that a member of the bar, in good standing, of any other state may appear, by permission of the court, as attorney or counselor, in any case pending therein, if such other state grants like privileges to members of the bar, in good standing, of this commonwealth."

Other laws regarding the unauthorized practice of law may be found in M.G.L. ch. 221, sections 41 and following. 

To find out more about lawyers, please browse the Massachusetts Trial Court Law Libraries web page "Massachusetts Law About Lawyers." 

Statewide Ballot Question # 3 - Expanding Prohibitions on Gaming

With next Tuesday's election comes a series of four Statewide Ballot questions to consider. My colleague from the Lawrence Law Library has already blogged about Question # 1. Question # 3 asks that you consider Expanding Prohibitions on Gaming.

A YES VOTE would prohibit casinos, any gaming establishment with slot machines, and wagering on simulcast greyhound races.

A NO VOTE would make no change in the current laws regarding gaming.

As it currently reads, Massachusetts general law chapter 4 section 7 and Chapter 23K of the Massachusetts general laws would be amended as follows:

FULL TEXT OF QUESTION:

Be it enacted by the people and their authority:

SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out clause Tenth and inserting in place thereof the following clause:

“Tenth, ’Illegal gaming,‘ a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) pari-mutuel wagering on horse races under chapters 128A and 128C; (iii) a game of bingo conducted under chapter 271; and (iv) charitable gaming under said chapter 271.”

SECTION 2. Chapter 23K of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following section 72 following section 71:

“Notwithstanding the provisions of this chapter or any general or special law to the contrary, no illegal gaming as defined in section 7 of chapter 4 shall be conducted or permitted in this commonwealth and the commission is hereby prohibited from accepting or approving any application or request therefor.”

SECTION 3. The several provisions of this Act are independent and severable and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the Act invalid or inoperative.

To view the argument in favor of prohibiting casinos and any gaming establishment establishment with slot machines and prohibit wagering on simulcast greyhound races, click on this link.

To view the discussion that a no vote would not make any change to the current laws regarding gaming, click on this link.

Source: Secretary of the Commonwealth’s website, located at  http://www.sec.state.ma.us/ele/ele14/pip143.htm,accessed on October 30, 2014. 

Massachusetts Information for Voters 2014 Ballot Questions, published by William Francis Galvin, Secretary of the Commonwealth.

Salem Witch Trials

Original Court Records of the Salem Witch Trials are available online from a number of sources.

"Salem Witch Trials: The Documentary Archive and Transcription Project,” provides access to 17^th century Court Records and other primary source material, as well as transcriptions, historical maps, archival collections and scanned contemporary books. It is hosted by the University of Virginia, but the Project Staff is international.

“Salem Witchcraft Trials:1692” is a website within University of Missouri-Kansas City School of Law Professor Douglas Linder’s “Famous Trials” website. This ambitious project includes primary source documents, biographical material, maps, images, a bibliography and a Jeopardy! Game.

Witchcraft Collection, part of Cornell University Library’s Division of Rare and Manuscript Collections, contains over 3,000 titles documenting the history of the Inquisition and the persecution of witchcraft, primarily in Europe. The Primary Source Digital Witchcraft Collection includes material about the Salem Trials, as do the Student Research Papers available on the Witchcraft Collection website.

Closer to home, drop by the Essex Law Library in Salem to check out some of their titles on the Salem Witch Trials and Richard Adamo’s 2002 “Salem Witchcraft Trials Selective Bibliography.”

 

The Trial of George Jacobs, T.H. Matteson - Peabody Essex Museum, Salem, MA

Statewide Ballot Question #1 - the Gas Tax

November 4th is right around the corner. Many voters are undecided on how they will vote on the four Statewide Ballot Questions, especially Question #1 which asks consumers to vote to eliminate automatic increases to the gas tax based on inflation or keep the law as it is. 

A YES VOTE would eliminate the requirement that the state’s gas tax be adjusted annually based on the Consumer Price Index.
A NO VOTE would make no change in the laws regarding the gas tax.

 As of September 2013, the gas tax in Massachusetts is 24 cents per gallon but this will increase with inflation in January 2015. Whether you are for or against changing the current law, are you curious about just how much revenue is collected each year at the pump and where it is spent?

According to MGL ch.64A sec. 13, the gas tax revenues are credited to a "Commonwealth Transportation Fund." To see the balance sheet of this fund click http://www.mass.gov/bb/h1/fy13h1/bal_13/hfundbal4.htm. This fund is used to pay debt service associated with highway maintenance and construction projects and provides funding for the operation of the independent Massachusetts Department of Transportation.

To see a detailed breakdown of the revenue sources for the Commonwealth Transportation Fund as well as overall revenues and expenditures of the Massachusetts Department of Transportation link to the Mass DOT Revenue and Expense Report. This report is required by statute (MGL Ch. 6C sec.28) to be filed and placed on the DOT website every year.

Commutation Applications Deadline is October 31st

Governor Deval L. Patrick issued new guidelines for commutations on July 17, 2014.  A commutation is an act by the Governor which shortens a prisoner's sentence, allowing him or her to be released early, but does not expunge a criminal record.  A pardon, on the other hand, means that a conviction is erased.  All clemency petitions should be filed by October 31, because Gov. Patrick must sign any commutations before his term in office ends on January 7, 2015.

The Governor will focus on petitions submitted by "people who would be law-abiding citizens, who present no current risk of reoffending," and who can show that they are "serving an unduly harsh sentence for a non-violent offense."

In an article published in the Boston Globe on October 27, 2014, Gov. Deval Patrick states "making sure that people know that opportunities for commutation are available and making that process as straightforward as possible is why we wanted to update the guidelines." 

An overview of the Governor's clemency policies can be found here.  In addition, Massachusetts commutation information is available at the Families Against Mandatory Minimums (FAMM) website.

93A Demand letter sent by mail sufficient notice...

The Appellate Division of District Court, reviewing a case in Salem District Court has ruled that the law does not require certified mail for a demand letter in a consumer protection claim.  (Leck v. Pope’s Landing Marine, Inc., et al.)
Citing chapter 93A section 9, the court pointed out that "The statute does not demand proof of service through certified mail; nor is certified mail required by the terms of the statute to prove delivery. Where the Legislature has demanded certified mail, it has declared the requirement. …"
In this instance, there was evidence the defendants received the letter.The defendant's lawyer referred to the claim for attorney fees,  and a reasonable inference is that they had received the letter asking for such.
For more on consumer protection see our page here.

Black's Law Dictionary, 10th edition

The three inch thick 10th edition of Black's has added 7500 new entries, among them legaldygook  and the "affluenza defense." Most new entries, however, are for mainstream words like reason and requisition which were never previously included. Dates in the definitions indicate the first known use of the word in English and the definitions cite statutes, cases and other sources the editor judges as helpful for a full explanation.  So from "a" to "zygote" don't forget this basic tool for legal research. 

Superior Court Rescinds Obsolete Standing Orders

Effective December 1, 2014, the Superior Court will rescinded four
standing orders and one administrative directive.

Standing Order No. 1-80 (Notices of Appeal/Notification to Justices)
is unnecessary due to the advent of electronic dockets.

Standing Order No. 5-80 (Trial Session Hours) is inconsistent with
current practice.

Standing Order No. 6-80 (Complaints for Judicial Review of Surcharge
Matters Under G.L. c. 175, §113P; Notice to the Department of the
Attorney General; Form Complaints) has been superseded by Superior
Court Standing Order No. 1-96.

Standing Order No. 1-86 (Transfer Procedure Under G.L. c. 231, §102C
and Superior Court Rule 29) is outdated in the current civil one-trial
system.

Administrative Directive No. 90-2 (Non-Filing of Discovery Materials)
is unnecessary due to a 2002 amendment to Mass. R. Civ. P. 5(d)(2).

A list of current standing orders can be found at Massachusetts Superior Court Standing Orders and directives can accessed at Superior Court Administrative Directives.

Save the date...

Join us for the Fifth Annual Honorable Daniel F. Toomey Lecture on Tuesday, October 28, 2014 at 4:00 p.m. at the Worcester Trial Court Complex.  The Honorable Michael A. Ponsor of the U.S. District Court will present "Thirty Years on the Bench: A Witness to Criminal Justice Unraveling".

The importance of the civil action cover sheet

A recent superior court decision has underlined the importance of a full and accurate reporting of the injuries on the Civil Action Cover Sheet.  The form requires a listing of expenses as well as a description of the injury, including the nature and extent.
In Stankiewicz v. DiStefano, Judge Curran admonished counsel to comply with Superior Court rule 29.  The case was dismissed since the cover sheet did not include a detailed listing of injuries that were caused by the defendant.  Plaintiffs must meet the burden of showing that they have a reasonable likelihood of recovery of over $25,000 to proceed in Superior Court.

Blue no more!

Blue laws have been a part of our history since Colonial times and were enforced in Massachusetts until the 1990's when alcohol sales were allowed on Sundays. First it was the border towns that were allowed to open, then in 2003 Governor Romney approved a bill that allowed all stores in Massachusetts the opportunity to open on Sunday. However, the opening time was Noon. That changes this month on the 26th when stores can start selling alcohol at 10:00 am. It is hoped that the earlier opening time will generate more sales, and will help the supermarkets that sell beer and wine to stock the shelves. The earlier opening time is not mandatory and will have to be approved.