School Committee emails violate Open Meeting Law

On December 31, 2009, the SJC released their opinion in District Attorney for the Northern District vs. School Committee of Wayland, opining that the School Committee had indeed violated the state's Open Meeting Law by emailing amongst themselves comments on the performance of their superintendent of schools. The Court went on to say that in order to cure this violation, the school committee must release the written comments of the individual school board members. (See Footnote 9 of above-mentioned case.)

See our Massachusetts Law About Open Meeting Law for more information on this subject.

Noteworthy Impact of Melendez-Diaz

In Melendez-Diaz v. Massachusetts (129 S. Ct. 2527) the Supreme Court found the introduction of state forensic-lab reports is testimonial evidence requiring the appearance at trial of lab technicians.

Here is a list of some subsequent decisions:

Commonwealth v. Sanders (Lawyers Weekly No. 82-271-09)
Defendant was found guilty of drug trafficking. The case has been remanded because the drug test technician was not present for cross-examination.

Commonwealth v. Nixon (Lawyers Weekly No. 82-092-09)
The judge admitted, over a defense objection, a drug certificate and testimony of the police that the substance ‘appeared to be a derivative of cocaine.’ The case has been ordered to a new trial since it was a violation of Melendez-Diaz.

Commonwealth v. Chery, 75 Mass. App. Ct. 909
In a firearm and ammunition possession case, a ballistics certificate was admitted into evidence. This case has also been ordered to a new trial.

Commonwealth v. Connolly, 454 Mass. 808
The defendant appealed a drug trafficking conviction asserting that the search warrant had attached affidavits from informants. Since the informants were not made available for cross-examination the defendant sought to exclude evidence found. The appeal was denied. Probable cause was sufficient for the search and informants had the right to confidentiality.

Commonwealth v. Brown, 75 Mass. App. Ct. 361
In another firearm case, the defendant was found in possession of an unloaded pistol. The prosecution entered a ballistics certificate that stated Brown was in illegal possession of a working firearm. Again this case has been sent to retrial for violation of right to cross-examination granted under Melendez-Diaz.

New Text Messaging Service

We have just added another way for you to reach us! In addition to live chat, email, phone, and (of course!) coming in to the library, you can now text a question from your cell phone to 978- 6 LAWLIB (978-652-9542). Questions will be answered Monday-Friday 8:30-4:30, but feel free to send a text during evenings and weekends as well, and we'll get back to you the next business day.

Texting works best for short questions, like questions about library hours, renewing books, or basic facts, like "Who are the current Supreme Court Justices?". If you do text a question that can't be easily answered in 160 characters, be sure to include your email address so we can give you a proper reply.

Patient and Family Advisory Councils

New regulations (105 CMR 130.1800-.1801) require hospitals to set up Patient and Family Advisory Councils by October, 2010. According to the Department of Public Health's advisory to hospitals, "The formation of a PFAC is intended to facilitate patient and family participation in hospital care and decision-making, information sharing, and policy and program development. The Institute for Family Centered Care has identified core concepts of patient and family-centered care as dignity and respect, information sharing, participation and collaboration." According to the regulations, the purpose of a council is  "to advise the hospital on matters including, but not limited to, patient and provider relationships, institutional review boards, quality improvement initiatives, and patient education on safety and quality matters to the extent allowed by state and federal law." Links to this and other health-related issues are available at Mass. Law About Health Care.

Free Caselaw from Google

The legal research community is buzzing about Google's announcement yesterday of a free database of full-text cases from federal and state courts via Google Scholar. The cases are well-formatted, include pagination, and include links to all cited cases that are also in the database. Here's what's included:

• State Appellate and Supreme Court Cases since 1950
• Federal District, Appellate, Tax and Bankruptcy Cases since 1923
• US Supreme Court Cases since 1791

Here's how to use it:

• To search the whole database, just go to Google Scholar, select Legal Opinions and Journals and start searching. But often you'll want to narrow your search, so instead, click on Advanced Scholar Search.
• Type in your search terms in the boxes at the top of the page.
• At the bottom of the page, select the juridiction(s) you'd like to search and click on Search Scholar.

Here's how to explore more content:

• Once you have a case you like, click on How Cited at the top of the screen. 
• The right column will include Cited By and Related Documents, giving you additional cases, articles and books

How to use library services to get the most out of the database:

• Find a case you like and use our "Ask a Librarian" service to have it Shepardized.
• If you are in one of our libraries and click on a law review article from the "How Cited" page, it will bring you right into that article in Hein Online. 
• If you are at home, jot down the article citation and the go into Hein Online via our remote access service to read the article.
• Click on the title of a book in the "How Cited" page, and then click Find in a Library in the left column to locate your nearest library that owns the book and request a copy.

It isn't clear how current the coverage is. Doing a quick search, we easily found cases from a few months ago, but were unable to find very recent cases. For Massachusetts cases from 1930 (or earlier) to 1950, or for cases from the past few months, we recommend Mass. Cases. For cases from the last few weeks, your best bet is slip opinions from Mass Reports.

Land Court Cases

Massachusetts Land Court Cases from July 2009 to date are now available online. Additional cases are being added daily. Cases can be accessed by name, docket number or date. They can also be searched full-text.

New Protection for Utility Consumers

Earlier this week, Gov. Patrick signed St.2009, c.133: An Act Relative to Public Utility Companies. This new law is largely a reaction to the extended power outage in the Lunenburg area after last December's ice storm. According to the press release, the law "strengthens consumer protections, provides the necessary tools to the Department of Public Utilities (DPU) to levy financial penalties if utilities do not follow approved storm plans, and puts into law existing requirements for utility storm restoration plans."

"This new law will help protect people when power outages due to extreme weather strike," Speaker Robert DeLeo said. "With its passage, Governor Patrick, Senate President Murray and I are standing together to ensure that the state has the right tools to address weather-related utility problems and that utilities make adequate plans to prepare for severe storms."

More information on utility service is available at our Mass. Law About Utility Service.

Proposed Bullying Prevention Legislation

The Boston Globe reported yesterday that "After years of delays, the Legislature appears poised to crack down on bullying among schoolchildren."  A hearing will be held tomorrow on a bill sponsored by Rep. John Rogers, H483: An Act Relative to the Prevention of Bullying.  The proposed law would require all school districts to "adopt a policy prohibiting discrimination..., harassment, intimidation, bullying and cyberbullying," based on a model policy that the Department of Elementary and Secondary Education would create. The Joint Committee on Education will be holding the hearing on the bill tomorrow at 1:00 PM in Hearing Room A1. More information on bullying is available at Mass. Law About Bullying and Cyberbullying.

Regs for LPs and LLCs updated

The regulations for Limited Partnerships (950 CMR 108) and Limited Liability Companies (950 CMR 112) have been updated as of October 30, 2009. The Secretary of State posts some of their regulations on the web, but not all. They have not posted the new regulations as of this post, so don't forget our document delivery service. We can fax you the latest regulations from the Mass. Register. Our links from our Limited Liability Companies page at this time are to the older regulations. We are always glad to send documents at no charge.

California to fund right to counsel for civil matters

California became the first state in the nation to adopt a broad policy to fund the right to counsel for certain civil cases, deemed to be basic human needs. It will be funded by an increase in court fees, and be expended through legal aide groups and grants. While it is a pilot project, actually becoming a working project in 2011, it's goals are high. It is also aimed at encouraging lawyers to meet the pro bono requirements for attorneys in the state. It will likely cover areas such as fighting eviction, loss of child custody, domestic abuse or neglect of the elderly or disabled, and has identified child custody as a key issue. It addresses "...the substantial inequities in timely and effective access to justice that often give rise to an undue risk of erroneous decision because of the nature and complexity of the law and the proceeding or disparities between the parties in education, sophistication, language proficiency, legal representation, access to self-help, and alternative dispute resolution services." The Sargent Shriver Civil Counsel Act was signed by Governor Schwarzenegger last week. Read the LA Times here and the Wall Street Journal here. For information on how Massachusetts deals with the issue of unrepresented litigants, see our Pro Se page here.

Landlord's Liability for Bite by Tenant's Pit Bull

Yesterday, in Nutt v. Florio, the Mass. Appeals Court ruled on a case in which a dog bite victim sued the landlord of the owner of the dog, a pit bull. The court said "Under the common-law principles applicable here, the plaintiff cannot recover from the defendants without evidence that they knew or reasonably should have known that the dog had dangerous propensities...As a general principle, knowledge of the mere presence of the dog on the landlord's property is insufficient, as '[d]ogs are regarded by the common law as ordinarily harmless animals.'"

However, in Comm. v. Santiago, 452 Mass. 573, a criminal case, the SJC stated that the pit bull is a breed "commonly known to be aggressive."  Therefore, "while the defendants may not be held strictly liable by virtue of Tiny's breed, knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles." "Here, questions of fact exist as to Tiny's dangerous propensities as well as the defendants' knowledge of those propensities in light of the complaints claimed to have been made by the plaintiff's parents to the defendants," and so the case was remanded to Superior Court for further proceedings.

Governor's Authority to Make New Law Effective Immediately

If a law does not have an emergency preamble, it is typically effective 90 days after enactment. The newly-passed law permitting the governor to appoint an interim senator does not have such a preamble. Yet a provision in the state constitution appears to give the governor the authority to determine that the law should take effect immediately by including a letter to the secretary of state explaining his reasoning. Mass. Constitution Articles of Amendment XLVIII, Part II Emergency Measures, says in part "...if the governor, at any time before the election at which it is to be submitted to the people on referendum, files with the secretary of the commonwealth a statement declaring that in his opinion the immediate preservation of the public peace, health, safety or convenience requires that such law should take effect forthwith and that it is an emergency law and setting forth the facts constituting the emergency, then such law, if not previously suspended as hereinafter provided, shall take effect without suspension...".

Details on New Small Claims Procedure

The District Court recently released Small Claims Changes Effective October 1, 2009, Mass. District Court Transmittal 1026, Sept. 11, 2009. This 38-page document includes everything you need to know about new small claims procedures, including "a one-page chart summarizing the amendments to the rules, a one-page checklist for entering default judgments, a redlined version of the rules and commentary, highlighting the changes, five new forms which will be used in implementing the new changes..., and revised instructions for the back of the “STATEMENT OF SMALL CLAIM AND NOTICE OF TRIAL” (DC-SC-1) form, which will be introduced when the form is next reprinted." More information on Small Claims is available at Mass. Law About Small Claims.

SJC Rules GPS Monitoring of Car is Okay

The Mass. Supreme Judicial Court ruled yesterday that police may secretly break into a suspect's vehicle and install a GPS tracking device if the state first obtains a valid warrant.

In an unanimous decision, the court decided in Commonwealth v. Connolly, that the covert placement of such a device into a private car is a seizure. However, it also said it is not a violation of the Massachusetts Declaration of Rights' ban on unreasonable searches and seizures as long as the state establishes “before a magistrate, probable cause to believe that a particularly described offense has been...or is about to be committed, and that GPS monitoring of the vehicle will produce evidence...or will aid in the apprehension of a person" who police believe is responsible for that offense.

While most search warrants are valid for seven days, the court said that GPS monitoring can last up to fifteen days.

Praising our own "Unsung Heroes"

For the 5th year, Lawyers Weekly is saluting "unsung heroes" by honoring professionals in various areas. This year, two of our own have been nominated as Law Librarians : Richard Adamo and Meg Hayden.
Richard Adamo, Essex Law Library : "When Richie took over the library, it was a disaster. He turned it into one of the finest law libraries anywhere. He is also a model civil servant. He will drop everything to help a patron and will not stop until he finds an answer. If that means going to another library for the resource, it is done. He also treats everyone the same. If a non-lawyer or pro se litigant comes in for help, they are treated as well or better than the attorneys. He is a true gentleman and a fine librarian."
Meg Hayden, Electronic Resources Librarian : "Meg serves as electronic resources librarian for the Massachusetts Trial Court Law Libraries. In addition to keeping all of the TCLLs connected, Meg has designed a top-notch website that provides access to laws and legal information ranging from abortion to zoning. Meg has spent many a long weekend and evening developing and refining the cases database to insure free access to Supreme Judicial court and Appeals Court cases. Meg's vision of customer service has been an inspiration to us all in the Trial Court Law Libraries."
The luncheon for all the nominees is Friday, September 18th. We know you will join us in offering Meg and Richard a hearty congratulations for their nominations. They are the best!

Holy Moses!

The Worcester legal community is going to party for Moses next Thursday at the Worcester Law Library! Mass. Lawyers Weekly reports that the deadline to RSVP for the festivities is tomorrow. For more information, you can call the Worcester Law Library at 508-831-2525.

Ticket Scalping Law Remains Unclear

The issue of what fees are allowable under MGL c.140 s.185D, the ticket scalping law, is not yet resolved. In Herman v. Admit One Ticket Agency, the SJC ruled today that the plaintiff, who had not actually purchased a ticket, lacked standing. The court acknowledged that "Requiring a prospective buyer to purchase an illegally priced ticket would effectively preclude those unable to pay an unlawful ticket price from seeking redress for a defendant's unfair conduct...Thus, where, as here, a c. 93A action is directly or indirectly based on a statute regulating the price of a particular product or service to be sold to a consumer, a plaintiff normally has standing to assert a c. 93A claim if he or she is ready, willing, and able to purchase the product or service at a price consistent with the relevant statute."

However, "Given the complexity of determining the amount of fees a ticket reseller may legitimately charge, proof of standing, normally a threshold issue,... requires essentially a prima facie case. The cost of litigation is dear, considerably greater than the cost of a ticket. In order to keep a proper perspective on the merits of the case, and in light of the variable nature of the fees a ticket reseller may impose pursuant to § 185D, we hold that to obtain standing, a plaintiff must purchase a ticket to maintain a c. 93A claim premised on a violation of the policy embodied in § 185D. "

In dissent, Justice Cowin wrote "the court demands that, in order to obtain standing, the plaintiff must show in advance that he will win the case."

RECAP: "Turning PACER Around"

We are always excited when a new tool or website becomes available to provide free access to public documents. RECAP is a plugin for Firefox for PACER users that makes PACER documents available for free.

Here's how it works:

First, when you are using PACER and purchase a document, RECAP makes it easy for you to download a copy of the document to their repository.

Then, when you are searching PACER for a document and somebody else has already added that document to RECAP, you'll be notified that the document is already available for free. The people at RECAP (a project of the Center for Information Technology Policy at Princeton University) have pre-loaded documents from PublicResource.org, so there are already over a million documents available.

See their site for more information about copyright, privacy, fee waivers, and other issues regarding the use of RECAP.

Sex offender GPS monitoring ruling applied

Recently, the SJC ruled that sex offenders who committed their crimes prior to the changes in MGL ch. 127 s. 133 D1/2 or ch.265 s. 47 cannot be required to wear a global positioning system device (GPS) as a condition of probation or parole. The court found in Commonwealth v. Cory (August 18th, 2009) that Chapter 303 of the 2006 Acts "...is punitive in effect, and under the ex post facto provisions of the United States and Massachusetts Constitutions, may not be applied to persons who are placed on probation for qualifying sex offenses committed before the statute's effective date..." The effective date was December 21, 2006.
Yesterday, Judge Tuttman in Lowell Superior court, refused to order GPS for a level 3 sex offender on probation, applying the new ruling to Ralph Goodwin, convicted in 1990 of child molestation. Globe story here.
For more information on the topic, see our page on Sex Offenders.

Credit Card Reforms Effective Today

While most of the Credit CARD Act of 2009 (PL111-24) doesn't take effect until next February, two provisions become effective today. Credit card bills must now be sent at least 21 days before they are due (up from 14 days), and card issuers have to provide notice of changes 45 days before they take effect. For more information, see Credit Card Reform.org or our Law About Credit and Banking.

Administration Criticizes but Defends DOMA

The Justice Department filed papers today in federal court in California in the case of Smelt and Hammer v. US (SACV09-00286 DOC) that stated a belief that the federal Defense of Marriage Act (DOMA) is discriminatory, while at the same time arguing in support of dismissal of a case that challenges it. In a reply memorandum in support of the defendant's motion to dismiss, Assistant Attorney General Tony West argued, "With respect to the merits, this Administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal. Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Department disagrees with a particular statute as a policy matter, as it does here." More information on the topic is available at Law About Same-Sex Marriage.

Second Update to our Scooter Post

Last month we noted (and updated) the new law that affects the registration of motor scooters. Here’s a further update: The Registry of Motor Vehicles’ policy is to accept any currently registered scooter under the old law until that current registration expires. Once it expires, the owner will need to renew under the new law. However, this is only RMV policy, not statewide policy, and the statute is not clear about “grandparenting in” these registered scooters. There is the possibility that law enforcement personnel may stop the rider of a scooter for not having it registered correctly under the new law. It is our understanding that legislation is being proposed to resolve this discrepancy. In the meantime, riders of scooters in this new “limited use vehicle” category should be aware of this issue.

Small Claims Rules Amended

Massachusetts SJC has announced amendments to the Small Claims Rules, to take effect on October 1, 2009. According to an August 6, 2009 Boston Globe article the object of the rules overhaul is "to protect consumers and to place greater restraints on aggressive debt collectors known for bullying debtors, seizing cars in the middle of the night and, in worst-case scenarios, threats of jail time." More information on small claims can be found on our webpage, Massachusetts Law About Small Claims

Update to our Scooter post

We alerted you to new registration requirements for scooters last week. The Registry has released information on the various new types of registrations. In addition to the Limited Use scooters that can travel faster than 30 mph, but less than 40 mph, there is another new category called Low Speed vehicles. They include those funny looking 4 wheeled tourist-mobiles. So you will be seeing new plates with LS or LU to indicate these new categories. So we all have to play nice on the roads. And don't forget about the bicycles too!

How are we doing?

Libraries love statistics. We look on them as a measure of our success. We are in the business of providing information and resources, and we like to know how we are doing. We count lots of things, and we count the different ways we do them. As public libraries, we lend books, disks and other materials. We also answer questions (did you know we do live chat reference?), and have a document delivery service. So, here are a few numbers from our brick and mortar locations.

304,444 people visited our 17 locations in FY09.
48,044 questions were answered.
47,168 items were borrowed.
22,573 documents were delivered.
2578 chat sessions took place.

Later, we will report on our web page statistics. I'm sure you'll agree we are doing quite well, thank you very much.
So if you are one of the people who helped us get to those totals, thanks for using our services. We enjoyed providing them.

Pro Se, in and out of the courtroom

Pro se in the legal sense, refers to someone representing themselves in court. The Latin term means "for oneself." In an episode from This American Life, Ira Glass brings us some stories from inside and outside the courtroom. We hear of a teenager that convinced the courts he was mentally ill, and now cannot get out of Broadmoor. Was he faking it, or is he a dangerous psychopath? In the second segment, we hear from a losing prosecuting attorney in NY, when a criminal defendant wins his drug case. What are the challenges from the other side of the fence when facing someone untrained in the law? But the show takes us beyond the courtroom, to situations where people addressed their problems on their own, using their own resources and creativity. Justice in these stories can be quite amusing.
Don't forget to look at our Self Represented Litigants. It may not be as entertaining, but it does have lots of information.

Scooters must register as MVs

If you drive one of those cool new scooters, you won't be able to pull up on the sidewalk and park it as of July 31. You will have to register, and follow the rules of the road just like any other vehicle. A new law, chapter 523 of the acts of 2008 changes the rules in several ways. It creates a new category of limited use vehicles which can travel more than 30 mph but not exceed 40mph.
The Globe's article outlines may of the details, including ordinance variations in some cities. We have not found any related regulations from the Registry yet. The page they have on scooters and motorcycles is out of date. We'll update as regulations become available.

SJC announces new Interim Guidelines to prevent identity theft

Effective September 1, 2009 the Massachusetts courts will be implementing Interim Guidelines for certain court documents aimed at protecting the court filers personal identifying data (PID) in Massachusetts' publicly-accessible court documents. These guidelines are nonbinding. A Summary of Interim Guidelines is available at clerk's offices. For further details, see the SJC's public announcement.

Same-Sex Marriage News

Same-sex marriage made news in three jurisdictions this week.

In the District of Columbia, the Jury and Marriage Amendment Act of 2009 (JMA) took effect on July 7, 2009, recognizing same-sex marriages performed in other jurisdictions.

In Maine, opponents of same-sex marriages reported yesterday that they had enough signatures to delay the implementation of their same-sex marriage law and put the issue on the November ballot.

And here in Massachusetts, Attorney General Martha Coakley announced that she had filed a suit in US District Court challenging the constitutionality of section 3 of the Federal "Defense of Marriage" Act (DOMA), which added 1 USC sec.7: Definition of Marriage and Spouse.

Details and more resources are available at Law About Same-Sex Marriage.

Supreme Court Rules in Favor of Firefighters in Reverse Discrimination Case

Case: Ricci v. DeStefano. A group of New Haven, CT firefighters who were tested for evaluation for promotions, and scored higher than minorities who took the same test, initiated a lawsuit in 2003 when the City of New Haven threw out the test results, fearing a lawsuit by the minority firefighters. The plaintiffs alleged reverse discrimination had occurred, and the U.S. Supreme Court, in a 5-4 decision agreed with them, overturning a previous 2nd Circuit Court of Appeals decision.

Justice Anthony Kennedy wrote, "Fear of litigation alone cannot justify the City's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions."

Massachusetts Erroneous Convictions Law

Yesterday, in Guzman v. Commonwealth, the Appeals Court provided guidance on section 1(B) of MGL c.258D, which provides for relief for the erroneously convicted under certain circumstances.

The court ruled that eligibility under 1(B)(ii) for those who have been granted judicial relief "on grounds which tend to establish the[ir] innocence," means "no more and no less than grounds resting upon facts and circumstances probative of the proposition that the claimant did not commit the crime." Therefore, the plaintiff's claim was allowed to go forward.

The court went on to explain that this was simply a decision on the threshold issue of eligibility to proceed, since that was the issue that was briefed, but that factual innocence may be an appropriate issue for summary judgment in such cases. "We recognize, as a theoretical matter, that there could well be instances where the Commonwealth would be entitled to judgment as matter of law (e.g., summary judgment or directed verdict) on the actual innocence issue. The question presented would be whether, viewing the facts in the light most favorable to the claimant, a jury could find, by clear and convincing evidence, that the plaintiff did not commit the crime. "

Deferred First-Year Associates May Serve as Law Clerks

Due to the current fiscal crisis, the Massachusetts courts are unable to hire law clerks for next year. The Chief Justice for Administration and Management asked for an ethics opinion on whether the courts could "accept as volunteer interns law firm associates who have had their September 2009 start dates deferred and who will be receiving stipends and/or health benefits from their respective law firms during the deferral periods."

The SJC Committee on Judicial Ethics issued an opinion on June 9, 2009, indicating that first year associates of law firms whose employment has been deferred would be permitted to serve the court as volunteer law clerks under a double-blind system. Judges would not know what firm employs the law clerk, the law firm could not acknowledge their participation in the program, and the law clerks themselves could not share the name of their employer, "in print or electronically, including on social networking sites such as Facebook and Twitter, during the period they work for the judges of the Trial Court."

SJC clarifies Vacation as wages

The SJC in a recent ruling has made it clear that employees must be paid for earned vacation upon termination. In Electronic Data Systems vs. the Attorney General, the court ruled that chapter 149 sec. 148 "requires such an employee to be paid for unused vacation time remaining at the time of involuntary discharge..." The policy of the corporation contravened the statute. The Attorney General's office had long interpreted the statute in that way. For more information on related topics, see our page on termination, wages, as well as our page on unemployment.

The Site is Back Up

Our transition to the new design is complete, and the site is fully functional once again. Because every page has moved (and the search function won't work well until Google re-indexes the site), here's some basic information to help in your navigation:

Click on Law by Subject for our "Law About" subject guides, popular name table and forms.

Click on Law by Source for cases, regulations, court rules, executive orders, town bylaws, and any other primary law.

Click on Library Locations and Services for library addresses, hours, phone numbers, etc., policies and services.

You'll also find more self-explanatory buttons for Databases, the Library Catalog and more.

If you can't locate the information you need, ask us. We'll be happy to help you find what you're looking for.

Anti-Smoking Legislation

The Watertown Tab & Press has a handy summary of pending anti-smoking legislation in Massachusetts in their June 12 edition. While you'll need to scroll down a bit to see it, in a section called "Tobacco Crackdown" the paper lists a number of pending bills, including proposals prohibiting:

• smoking within 25 feet of the door of a public building (H 2162)
• people under 18 from buying, possessing or smoking tobacco (H 3593)
• sale of flavored cigarettes (H 2076)
• smoking in a car with children (H3475)
• smoking by anyone anywhere (H 2129)

Information on existing smoking laws is available at our Law About Smoking.

FDA Oversight of Tobacco

The Family Smoking Prevention and Tobacco Control Act, HR1256, passed the House last week by a vote of 307-97 and is headed to conference committee. The bill would give the FDA authority to regulate tobacco products.

Website Redesign

Our website has been undergoing a major redesign in order to make it more handicapped accessible. On Saturday and Sunday June 20-21, the old site will come down and the new site will go up in its place. Because the blog and all the web pages will be down for a period of time that weekend, we will try to provide information on twitter about how to access our catalog and databases, which are hosted remotely.

Nearly every page on the site will remain on the site in the new design, but everything is moving. If you link to our site and would like to know where a given page will be as of June 21, please let us know and we can give you the new URL.

Open House at Worcester Law Library

Please join us on Thursday June 4, 2009 from 2-4 for an open house at the beautiful new Worcester Law Library at 184 Main Street in Worcester. See some pictures of the library at Flickr to get inspired!

IOLTA Guidelines Amended

The Interest on Lawyers' Trust Accounts (IOLTA) Guidelines have been amended effective July 1, 2009. The amendments provide "clearer language about proper investment of IOLTA funds reserved in a stabilization fund. In Sections 5(d), 5(e) and 4(c), [the amendments provide] a more complete Guideline regarding the amounts of funds that may be reserved by and how such funds are to be accounted for by the three charities which receive IOLTA funds. In Sections 5(e), 5(f), 4(a) and 4(b), [the amendments provide] related procedural changes to reflect the new Guidelines."

Finding Attorney General Opinions and Bid Protest Decisions

Older Attorney General Opinions are available online from the State Library, or in print in any of the Trial Court Law Libraries.

As of October 2001, there have been no formal Attorney General Opinions issued.  However, the Bid Protest Unit of the AG’s Fair Labor Division regularly issues decisions, pursuant to G. L. c. 149 § 44A et seq., resolving protests regarding public bidding procedures.  If you need any of these decisions, call the Law Library at the Office of the Attorney General at 617-963-2098.

Black's Law Dictionary for the iPhone

West has unveiled an app for the iPhone for the 8th edition of Black's Law Dictionary. The app sells for $49.95. For the record, the 9th edition is being published in hard copy in June, and we were quoted $75.00. No news on whether they plan to update it to the 9th any time soon.
See the West promo on their blog.
It could come in handy for those on the fly questions...

Limited Representation Expanded

The Massachusetts Supreme Judicial Court has issued an order expanding the availability of limited assistance representation to courts beyond those included in the pilot project. Originally, attorneys were permitted to assist self-represented litigants in the Hampden, Suffolk and Norfolk Probate and Family Courts without taking on full representation. The program proved so successful that the SJC has decided to permit limited representation in any court in which it is authorized by that court department's Chief Justice, with the approval of the Chief Justice for Administration and Management. The order includes applicable forms and is effective May 1, 2009.

Worcester Law Library Move

The Worcester Law Library has begun the process of moving down the street to their new location, but the library is still open and happy to serve you at its current location in the old courthouse at 2 Main Street. Because things are somewhat chaotic, you may want to call ahead to 508-753-1312 before visiting.

Road laws updated for bicycles

Chapter 525 of the acts of 2008 amend existing laws regarding bicycles on the roads. The law will require law enforcement to be trained in bicycle safety enforcement. It will target both the actions of bicyclists, as well as drivers that endanger cyclists. Bicycles are expected to follow the rules of the road, although there are a few exceptions. They must stay on the right hand side of the road, but can pass a car on the right when it is safe to do so.

The state does not expect the training to be implemented until 2010, but the law is in effect today.

We also have a page on traffic violations for other laws.

Retrievelaw is Working Once Again

Retrievelaw is back! We apologize for the inconvenience earlier today.

Moses Tumbles

WHDH reports that the statutue of Moses in the Worcester courthouse was knocked over by an irate man yesterday and is badly damaged. The statue stood in the old courthouse for nearly one hundred years and was just refurbished and installed in the new location a few weeks ago (See pictures of the move on our flickr site).  It is not yet known if the statute can be repaired.

Money and Divorce Brown Bag Lunch

Susan Miller of Aurora Financial Advisors will present Money and Divorce: Challenges in Tough Economic Times at the Norfolk Law Library Wednesday April 29 from 12:30-2:00. She will focus on:

• Tax implications of alimony/child support arrangements
  
• Options for division of equity in marital home
  
• Capital gains issues
  
• Issues regarding division of financial assets
  

Pre-registration is not necessary. Bring your lunch, beverages will be provided. Contact the library for directions or more information.

Do you want to be a lawyer?

The National Conference of Bar Examiners has made the 2009 edition of Comprehensive Guide to Bar Admission Requirements available for free download at http://www.ncbex.org/comprehensive-guide-to-bar-admissions/

IRS guidance on recovering taxes on false Ponzi profits

The IRS has issued rules which offer some relief for victims of the Bernard Madoff swindle and other like schemes. Although full recovery of losses isn't expected, taxpayers will be able to claim money lost as "theft losses" rather than regular investment losses. The rules apply to cases where the authorities have alleged fraud. Taxpayers can deduct 95% of their net investment minus any recoveries made through the other sources.
According to the commissioner "the investor generally can claim a theft loss deduction not only for the net amount invested, but also for the so-called “fictitious income” that the promoter of the scheme credited to the investor’s account and on which the investor reported as income on his or her tax returns for years prior to discovery of the theft."
Taxpayes will not be able to amend prior tax returns.
The Commissioner's comments which are on the web summarize the the rules here. The revenue ruling is available as well as the revenue procedure.

Free Program for Probate and Family Court Litigants

Going to court for the first time can be a little overwhelming. Help is at hand for anyone with a case pending in the Norfolk County Probate and Family Court, or anyone who is contemplating such an action. The Probate and Family Court has announced a monthly program that will help litigants understand the process of maneuvering through the court. The next session is April 29, 2009. This is being billed as a pilot program so hopefully they will expand to other counties if this program is successful. Staff members from our Norfolk Law Library will be among the presenters. According to the press release,

"'Navigation Through the Probate and Family Court' is an educational program being presented by staff and others partnering with the Norfolk Probate and Family Court, including the Norfolk Law Library. Basic information regarding the Probate and Family Court process will be presented, followed by a general question and answer period. Topics will include, but not be limited to: court protocol, basic filing information, services available, resources, how and where to obtain legal assistance and the limitations of the court. The Program will take place the last Wednesday of each month beginning March 25, 2009 at 7:00 p.m. and should run approximately 1 ½ hours. The location for at least the first six (6) meetings will be Canton High School, 990 Washington Street, Canton MA."

Mass. AG Opinions 1832-1989 Available

The Massachusetts State Library has provided access to Attorney General Opinions and Reports 1832-1989 through the Internet Archive. Their State Documents Online lists many other collections of government documents available online. Our thanks to the state library for providing easy access to so much information!

Cinema of Law Film Series

Our Berkshire Law Library is happy to present their third annual Cinema of Law series! Films about the law will be shown in the auditorium of the Berkshire Athenaeum again this year on Tuesdays in March. Each of the films in the film series will be introduced by a member of the Berkshire Bar. No admission will be charged.

Dates, films and speakers are as follows:

• March 10 The Return of Martin Guerre to be introduced by Justice Francis Spina
• March 17 Witness for the Prosecution to be introduced by Joseph Pieropan
• March 24 Kramer vs. Kramer to be introduced by Hon. Rudolph Sacco
• March 31 Norma Rae to be introduced by Kevin Kinne

A presentation will begin at 6 p.m., and the movies will follow. Free Popcorn will be served, and there will be a display of law books related to the subject of the movie from the Law Library’s collection.

Gary Smith and Jack Houghton will be previewing the series on John Krohl‘s radio program “Good Morning, Pittsfield” on WTBR sometime in early March. Law library staff members hope also to have a display related to the film series on the 1st floor of the Athenaeum.

Acts and Resolves 1692-2008 Available

Updated! We reported last month that Acts from 1876-2008 were available online, but now there are nearly 200 more years of coverage.

The Massachusetts Acts and Resolves from 1692-2008 are now available online through the State Library. Apparently this is the product of the partnership with the Joseph P. Healy Library at UMass Boston that was announced last August. These acts are linked from Mass. Primary Law.

Thank you to both libraries for making such a valuable resource available!

Expungement of Record After Dismissal of Complaint OK

Yesterday, in Commonwealth v. Boe, 73 Mass. App. Ct. 647, the Mass. Appeals Court ruled that a district court judge could expunge a criminal record after a complaint was dismissed, and was not limited to sealing the record under MGL c.276, s.100C. "It is one thing to initiate a prosecution against a person who has a colorable involvement in a crime, but it is unacceptably Kafkaesque to initiate a prosecution where that person is disconnected from the charged crime. To allow Boe's name to be carried forward in court records in these circumstances would, as the judge found, constitute a miscarriage of justice, because sealing "does not render the sealed records inaccessible to law enforcement authorities." ... "The judge recognized that the sealing remedy of § 100C was neither applicable nor adequate, and properly applied the purging recognized by statute."

New titles on education

Two books crossed our desks this week that caught our eye. College and University Law Manual, published by MCLE is arriving at the 17 law libraries. It includes chapters on student discipline, privacy and violence, as well as sections on intellectual property in the context of a university, and of course, a section on Title IX and student athletics. The chapter that caught our eye was on institutional funds, included restricted gifts and endowments. Timely, in light of recent events at Brandeis and other schools. Another chapter covered the issue of academic research compliance and misconduct.
The second book is entitled Disciplining students with behavioral problems in a legally compliant manner, published by National Business Institute. It highlights case law, and has a section on bullying. We also have a topical page on Bullying, which is an issue of recent concern. This title is available at a few locations, but can be borrowed throughout the system.
Remember, we are lending libraries, and you can take most of our materials out for two weeks at a time. Find out how to get a card.

New Superior Court Rule 9A

The Massachusetts Superior Court has amended Rule 9A effective March 2, 2009. The new rule includes substantial changes, particularly in its incorporation of new technologies. For example, the new rule requires parties to include email addresses on papers, and requires that "the statement of material facts shall be contemporaneously sent in electronic form by email to all parties against whom summary judgment is sought in order to facilitate the requirements of the following paragraph. The statement of material facts in electronic form shall be sent as an attachment to an email and shall be in Rich Text Format (RTF) unless the parties agree to use another word processing format."

This and all other Mass. court rules can be found at Massachusetts Rules of Court.

Criminal Jury Instructions Online

The Massachusetts District Court criminal model jury instructions are now available online in their entirety.  You can find a link to the instructions and other criminal procedure resources at our Mass. Law About Criminal Procedure page.

Uniform Probate Code

Last week, Massachusetts adopted the Uniform Probate Code, St.2008, c.521, resulting in major changes to current probate laws.  The new law repeals current chapters 189, 190 and 190A. According to the Mass. Bar Association,

"The reforms increase uniformity with other states, add protections for those under guardianship and the beneficiaries of trusts, eases the administration of probate matters for judges and court personnel and reduce delays for citizens. Among the changes are:

•  Mandating courts to monitor guardianships and requiring guardians to issue annual reports.
  
•  Shorten to seven days after the date of death (from as long as five months) the length of time it takes to appoint an estate administrator
  
•  In the case of no will, the spouse gets the entire estate if the children are all of the marriage.
  
•  Trustees will be required to notify beneficiaries of accountings and acceptance of appointment."
  

While some changes are effective July 1, 2009, most do not take effect until July 1, 2011. 

You can find links to this and other probate laws at Mass. Law About Wills and Estates. Remember, too, that you can always locate laws by name by using our Mass. Law by Popular Name table. 

Self-Represented Litigants Report

The Supreme Judicial Court Steering Committee on Self-Represented Litigants has released their report: Addressing the Needs of Self-Represented Litigants in Our Courts. The report focuses on six areas: (1) expanding access to legal representation ; (2) developing judicial guidelines and training programs ; (3) developing a resource and referral guide for self-represented litigants; (4) creating a handbook written by and for court staff that sets out principles for distinguishing legal information from legal advice; (5) investigating data collection methods; and (6) investigating physical and programmatic improvements that would make our courthouses more "user friendly."

This and other sources for and about self-represented litigants are linked from our Law About Self-Represented Litigants.

Marijuana Possession Law Effective Today

The new law decriminalizing the possession of one ounce or less of marijuana, St.2008, c.387,  is effective today.  A great site provided by the Executive Office of Public Safety and Security summarizes the law:

"As of January 2, possession of an ounce or less of marihuana or tetrahydrocannabinol (THC) will be a civil offense, punishable by a civil penalty of $100 and forfeiture of the marijuana under a new Section 32L of chapter 94C of the Massachusetts General Laws.  Additional provisions apply to violators under the age of 18.  Records of this new civil offense (a “Section 32L violation ”) will not be entered into the criminal offender record information, or “CORI,” system. "

We've linked to this and several other  sources that explain or analyze the law on our  new page, Massachusetts Law About Marijuana Possession.

SJC Rule 3:11 Amended

The Supreme Judicial Court has amended Rule 3:11 effective January 1, 2009.

The rule is amended "by inserting at the end of paragraph (6) the following two sentences: To facilitate transitions in Committee membership, the court may invite a newly appointed member whose term has not officially begun to observe Committee business for a period not to exceed three months prior to the commencement of the member's term. A member whose term has expired shall remain on the Committee pending appointment of his or her successor, and until the successor's term begins."

Links to this and all other Mass. court rules is available at Massachusetts Rules of Court.

New Color for Child Support Form

On December 22, 2008, the Probate and Family Court announced an Amendment to Uniform Practice XXXIII. Beginning January 1, 2009, the Child Support Guidelines Worksheet must be printed with black ink on light-blue colored paper, instead of the current requirement of black ink on yellow paper. You can find this and all other Mass. court rules at our Mass. Rules of Court page.

U. S. District Court invalidates wine sales law

A recent summary judgment by Judge Zobel of the U.S. District Court in Boston finds a Massachusetts state law restricting direct sales to consumers from out of state wineries unconstitutional. Mass General Law chapter 138 sec. 19b, section 19F, and section 2 relate to in state wineries selling their wines directly to the consumer and being able to ship directly to them. Out of state wineries were not afforded this opportunity. The state is enjoined from enforcing these statutes.
In Family Winemakers of California v. Jenkins the court found the practice discriminatory.
We can now order wine shipped directly to us from our favorite vineyards across the country. Just in time for holiday shopping.

SJC approves restrictions for foreclosures

The Supreme Judicial Court has upheld an injunction against a California bank preventing it from foreclosing on an "unfair" mortgage.
The decision, Commonwealth v. Freemont Investment and Loan sets a pre-foreclosure procedure for the bank to follow for loans featuring a combination of four "unfair" characteristics : "(1) the loans were ARM loans with an introductory rate period of three years or less; (2) they featured an introductory rate for the initial period that was at least three per cent below the fully indexed rate; (3) they were made to borrowers for whom the debt-to-income ratio would have exceeded fifty per cent had Fremont measured the borrower's debt by the monthly payments that would be due at the fully indexed rate rather than under the introductory rate; and (4) the loan-to-value ratio was one hundred per cent, or the loan featured a substantial prepayment penalty..."
This is apparently one of the first in the nation, according to Mass Lawyers Weekly.
For more information see our page on Foreclosures.

Appeals Court Rule on Unpublished Decisions

The Massachusetts Appeals Court has issued a final rule regarding the citing of Rule 1:28 opinions.
"If, in a brief or other filing, a party cites to an order issued under this rule, the party shall cite the case title, a citation to the Appeals Court Reports where issuance of the order is noted, and a notation that the order was issued pursuant to this rule; in addition, a party citing such an order shall include the full text of the order as an addendum to the brief or other filing. No such order issued before February 26,2008, may be cited."

Unemployment Extended Effective 11/23/08

"Congress has passed an expansion of the Emergency Unemployment Compensation Program. This extension originally provided up to 13 additional weeks of unemployment benefits, effective from July 7, 2008 through March 28, 2009 in Massachusetts. Effective on November 23, 2008, this federal extension was expanded to provide up to 7 additional weeks of unemployment benefits." For more on unemployment in Massachusetts, see Mass. Law About Unemployment.

Guide to Massachusetts Evidence

The Supreme Judicial Court issued the final Guide to Massachusetts Evidence today, and "recommends" its use. While not officially rules of evidence, "The Massachusetts Guide to Evidence assembles existing Massachusetts evidence law in an easy-to-use document organized similarly to the Federal Rules of Evidence," according to the press release.

The Guide is linked from our Mass. Rules of Court page.

Tractors on the Road

The Boston Globe reported yesterday that a provision in the Massachusetts Dairy Farm Revitalization Act (St.2008, c.310) allows farm tractors to travel up to ten miles on roads. The limit had formerly been two miles. The new law, St.2008, c.310, s.7 amends MGL c.90, s.9.  

The change had largely gone unnoticed because of the language used (or not used) in the amendment. The law had read: "A tractor... may be operated without such registration upon any way ... between one-half mile and two miles if said tractor, trailer or truck is used exclusively for agricultural purposes and the owner thereof maintains in full force a policy of liability insurance." 

The amendment reads: "Section 9 of chapter 90 ... is hereby amended by striking out, in line 18, the word “two” and inserting in place thereof the following number:- 10. "

Unless you are closely following a given bill's progress through the legislative process,  sections like this one are easy to miss.

Identity Theft Regulation Implementation Delayed

The Office of Consumer Affairs and Business Regulation announced Friday that the effective date of  201 CMR 17 would be delayed. The implementation of the regulations designed to protect individuals' privacy was delayed "to provide flexibility to businesses that may be experiencing financial challenges brought on by national and international economic conditions." 

New deadlines:

• "The general compliance deadline for 201 CMR 17.00 has been extended from January 1, 2009 to May 1, 2009.
  
• The deadline for ensuring that third-party service providers are capable of protecting personal information and contractually binding them to do so will be extended from January 1, 2009 to May 1, 2009, and the deadline for requiring written certification from third-party providers will be further extended to January 1, 2010. 
  
• The deadline for ensuring encryption of laptops will be extended from January 1, 2009 to May 1, 2009, and the deadline for ensuring encryption of other portable devices will be further extended to January 1, 2010."
  

Small Businesses May Be Liable for Employment Discrimination

Last month in Thurdin v. SEI Boston, 452 Mass. 436 (Oct. 24, 2008), the Mass. Supreme Judicial Court held that an employee of a business with fewer than six employees (who is thus unable to sue under MGL c.151B) can sue for sex discrimination under a provision of the the Massachusetts Equal Rights Act (MGL c.93, s.102).

This case and more information on employment discrimination are linked from Mass. Law About Discrimination.

New Child Support Guidelines

The Administrative Office of the Trial Court has released new Child Support Guidelines which will take effect on January 1, 2009. They have released a press release, the Guidelines, a worksheet, a chart and the Task Force Report.
The new guidelines will appear soon on our Child Support page, which will continue to maintain the link to the old ones.

When to turn the heat on...

This is the time of year when we try SO hard to keep the furnace off as long as possible. More sweaters and blankets, less oil and gas. At work, the heating guidelines kick in on October 15th. See the minimum heating guidelines from the Office of Labor and Workforce Development. In residential settings for tenants, it starts on September 15th. See the guidelines from the CMR on page 8 of this document. We have more info on our page on Employment Hours and Conditions. And check our page on Heating for home heating assistance info.

New Identity Theft Regulations

We've updated Mass. Law About Identity Theft to include a new regulation, 201 CMR 17, and new Executive Order #504.

The regulation, which takes effect Jan. 1, 2009, requires those who keep personal information about individuals to meet certain minimum security standards for both paper and electronic records. One provision, for example, requires all personal data on laptops or other portable devices to be encrypted. The executive order requires state agencies to take similar security precautions.

New Regulations to Allow Civilian Flaggers

The Executive Office of Transportation has issued new regulations, 701 CMR 7, to allow the use of civilian flaggers instead of police details at some road construction sites. The regulations will become effective upon publication in the Mass. Register on October 3, 2008.

While the new regulations have engendered some controversy (see, for example, the Boston Globe's Unions Lose on Police Details), a report by the Executive Office gives the following results for a survey done in 1995 of all fifty states: "Forty state DOTs replied to the survey with thirty indicating that they used a combination of road flaggers and police details, and ten indicating that they exclusively used road flaggers. Massachusetts was the only state exclusively using police details."

Much more information is available from the Executive Office of Transportation's Road Flaggers and Police Details page.

Potty Parity Law Applies to Everyone

Today's Boston Globe reports that some school districts in the state with high schools under construction don't want to comply with the state's "potty parity" law, 248 CMR 10.10(18), which sets out the number of toilets required for men and women at public facilities so that everyone has approximately the same wait time to use the facilities. 

While the regulations clearly set out the number of toilets required for stadiums (1 per 30 women, 1 per 60 men), the Globe reports that "many architects - as well as the plumbing engineers they consult, and municipal plumbing inspectors - had considered school athletic fields to be extensions of school buildings, not separate stadiums." But the state plumbing board disagrees, and is applying the same law to everyone. The regulations do not include exceptions for size of facility or number of days per year it is used. 

Great News for Worcester!!

Chief Justice for Administration & Management Robert A. Mulligan today announced that the Trial Court has signed a ten-year lease to relocate the Worcester Law Library to 184 Main Street -- diagonally across from the new Worcester Trial Court. Construction on the new location begins this week and is expected to take 5 months. For more information, see the CJAM's Press Release at http://www.mass.gov/courts/press/pr090808.html.

State Withdraws Lead Jewelry Regulations

The much-disputed regulations that limited lead levels in children's jewelry, 105 CMR 650 amendments, have been withdrawn by the Department of Public Health following enactment of a new federal law, PL 110-314, sec.101, that sets lead limits for children's jewelry. They say, "Under this legislation, children's jewelry must meet a total lead content standard of no more than 600 ppm as of February 14, 2009, with reductions to follow. Massachusetts' long-sought objective of better protecting children from dangerous levels of lead in children's jewelry will thus be achieved nationally. Given the pre-emptive nature of the federal legislation, the Department of Public Health now withdraws its model children's jewelry regulations."

More information on lead paint rules and regulations is available at Mass. Law About Lead Paint.

Laws by Popular Name

One of the hazards of doing legal research electronically is that if your exact search terms are not in the document you need, you won't find it. Since many laws and regulations are known by a popular name, like the lemon law or Megan's law, they can be hard to locate. To help the researcher, our site includes a table of Massachusetts Laws by Popular Name, compiled by librarians. The table includes entries such as bottle bill, Jessica's law, spite fence, and Title 5. It also includes links to cases or law review entries when appropriate, such as the listings for Duquette waiver and Ginsberg formula for alimony. The newest addition is Yolanda's Law, signed last week, which improves children's mental health treatment in Massachusetts.

Gifts to Doctors Limited

On August 10, 2008, Gov. Patrick signed St.2008, c.305, which limits the gifts pharmaceutical companies can give to health care providers. According to the Boston Globe, the law bans "certain types of gifts such as sports tickets and free travel, and requires that pharmaceutical and medical device-making firms publicly disclose gifts worth more than $50."

"The new law also provides $25 million to promote electronic medical record-keeping in doctors' offices, requires the state university to graduate more primary care doctors, and gives regulators the power to hold hearings when health insurers want to raise premiums."

New Guardianship Petition

Earlier this week, the Mass. Probate and Family Court released a new form for Guardianship Petition (CJ-P 110). The new form requires more detailed information, and furthers the objectives of the new medical certificate required with all guardianship requests.

According to the press release, " This new petition is designed to protect proposed wards and to ensure that judges have the information they need in order to craft a guardianship, if appropriate, that interferes with an individual’s personal liberty only to the extent necessary... Petitions for limited guardianship rather than full guardianship are encouraged, if possible, in order to fully protect the proposed ward’s individual autonomy and personal liberty interests." The new form will be required effective September 1, 2008.

Jessica's Law and Statutory Rape

On July 24, Gov. Patrick signed a modified "Jessica's Law," St.2008, c.205, which provides for minimum mandatory sentences for certain sexual crimes against children.

One of the changes in the law refines statutory rape laws. It still remains a crime for anyone of any age to have sex with a child under 16 under MGL c.268, s.23, but Jessica's Law has added a new MGL c.268, s.23A, which provides a 10-year minimum sentence for statutory rape in the following instances:

1. The child is under 12 and the defendant is more than 5 years older
2. The child is between 12 and 16 and the defendant is more than 10 years older
3. The defendant is a mandatory reporter under MGL c.119, s.21

More information on sex crimes and their consequences is available at Mass. Law About Sex Offenders.

2008 Unemployment Handbook is Now Online

The 2008 DUA Service Representatives' Handbook is available online from Mass. Legal Services. This handbook is invaluable for those dealing with unemployment claims and includes:

• "Able and available"
• "Suitable work"
• Voluntary leaving
• Discharge-suspension-conviction
• Other pay and benefits
• Special determinations (includes aliens and school employees among others)
• General determinations
• Procedural instructions
• Monetary consideration

This and many more sources are linked from Mass. Law About Unemployment.

Mass. City and Town Bylaws

Today we've added links to bylaws from twenty more Massachusetts towns to our list of city and town bylaws available on the web, bringing the total to over 250. There are over 350 cities and towns in Massachusetts, though, so if you know of bylaws available on the web that we've missed, please let us know!

1913 Law Repealed

Within the past hour, Gov. Patrick signed S.800 repealing the 1913 law (MGL c.207, s.11-12) that barred couples from marrying in Massachusetts if that marriage was prohibited in their home state. The law had stopped same-sex couples from nearly all other states from marrying here. Because the bill included an emergency preamble, same-sex couples from other states can begin marrying in Massachusetts immediately. Well, almost immediately. There is a three-day waiting period in Massachusetts (MGL c.207, s.19) which can be waived in some circumstances (MGL c.207, s.30). See Mass. Law About Marriage for links to more information and forms.

Mass. Comes Closer to Allowing Out-of-State Same-Sex Marriage

On Tuesday, the Massachusetts House voted 119-36 to pass S.800, which repeals the 1913 law forbidding out-of-state same-sex couples from marrying here. The measure had been approved by the state Senate earlier this month, and Governor Patrick is expected to sign it this week. Because the House approved an emergency preamble to the measure, the change will take effect as soon as the Governor signs the bill.

Guidelines on Personal Identifying Data in Court Records

The Supreme Judicial Court is soliciting comments on Proposed Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents through September 19, 2008. "The proposed Interim Guidelines are intended to prevent the unnecessary inclusion of certain personal identifying data elements in publicly-accessible documents filed with or issued by the courts, in order to minimize the opportunity to use such documents for identity theft or other improper purposes."

SJC Adopts "Loss of Chance" Doctrine

In two cases decided today, Matsuyama v. Birnbaum and Renzi v. Paredes, the Supreme Judicial Court announced that patients can recover for a reduction in the chance of survival due to medical malpractice. "Where a physician's negligence reduces or eliminates the patient's prospects for achieving a more favorable medical outcome, the physician has harmed the patient and is liable for damages. Permitting recovery for loss of chance is particularly appropriate in the area of medical negligence. Our decision today is limited to such claims."

Damages are to be measured by the "proportional damages method." "Applying the proportional damages method, the court must first measure the monetary value of the patient's full life expectancy and, if relevant, work life expectancy as it would in any wrongful death case. But the defendant must then be held liable only for the portion of that value that the defendant's negligence destroyed."

Access to and Sealing of District Court Records

The District Court has issued a revised version of A Guide to Public Access, Sealing & Expungement of District Court Records. This is a publication we have long loved in the law libraries for its clarity in explaining which court records are available to the public and which are not. Unfortunately, it does not explain the process of access or what information the researcher needs to provide in order to access records. The sections on sealing and expungement are also clearly written, well annotated, and include forms.

Census Won't Count Same-Sex Marriages

As information professionals, we have to lament a decision by the Census Bureau, as reported in the Washington Post, to deliberately misreport same-sex marriages in the 2010 census. According to the article, same-sex couples in Massachusetts and California who are legally married and who report themselves as married will have their answers changed to "unmarried" and their children will be considered children of single parents.

Whatever your views on same-sex marriage, statistics are a critical resource, both now and in the future. Accurate numbers can only enhance a conversation on a topic, and can aid historians and other researchers in understanding a given era. Surely, the Census Bureau could find a way to report accurate statistics on the number of married same-sex couples, while still fulfilling their legal obligations under federal laws which do not acknowledge such marriages. Perhaps a separate category on the census form could address both concerns.

Dog Racing Ban Can Appear on Ballot

Yesterday, in Carney v. Attorney General, the Supreme Judicial Court upheld Attorney General Martha Coakley's decision to certify a ballot question on dog tracks in Massachusetts. The court said that although there are only a few dog tracks in Massachusetts, the question is not barred as a "local" question. "That the present economic realities of the industry might make this prospect [of additional tracks] unlikely to materialize is irrelevant; the proposed law would change the legal status of dog racing Statewide." Further, track owners "have no compensable property interest in their racing licenses." The Boston Herald reports that "if approved, the move would ban dog racing as of Jan. 1, 2010."

Senate Votes to Repeal 1913 Law

According to the Boston Globe, the Massachusetts Senate has voted to repeal the 1913 law (MGL c.207, s.11-12) that prohibits out of state same-sex couples from marrying here if their marriage is prohibited by their home state. The House is expected to vote on the measure this week, and Governor Deval Patrick has promised to sign the bill repealing the law if it reaches his desk.

No Pre-Marriage Benefits for Same-Sex Couples

In Charron v. Amaral, the Supreme Judicial Court yesterday denied a pre-marriage right of consortium to a same-sex couple who would have been married had the law allowed it, and did marry when permitted to do so. This is in keeping with Massachusetts caselaw that draws a clear distinction between married and unmarried couples. The court is unwilling to recognize a "right to recover for loss of consortium by a person who has not accepted the correlative responsibilities of marriage." (Feliciano v. Rosemar Silver Company).

While recognizing that the couple in this case did not have the option of marrying, the court explained that the Goodridge decision did not say that "people in same-sex, committed relationships would be considered married before they obtained a marriage license." Also acknowledging the "discriminatory effects the marriage licensing statute had," the court maintained that to allow recovery in this case "could open numbers of cases in all areas of law to the same argument," which they were unwilling to do.

More information is available at Law About Same-Sex Marriage and Law About Unmarried Couples.

New Child Protection Law

Yesterday, Governor Patrick signed a new law, An Act Protecting Children in the Commonwealth (H4905), which provides significant changes to child abuse and prevention law in Massachusetts. Some highlights:

• The Department of Social Services will now be called the Department of Children and Families.
• A new Office of the Child Advocate has been created within the Governor's Office with broad powers to investigate "critical incidents," defined as "(a) a fatality, near fatality, or serious bodily injury of a child who is in the custody of or receiving services from the executive office of health and human services or 1 of its constituent agencies; or (b) circumstances which result in a reasonable belief that the executive office of health and human services or 1 of its constituent agencies failed in its duty to protect a child and, as a result, the child was at imminent risk of, or suffered, serious bodily injury."
• Provides criminal penalties for "harboring" a ward of the state, but provides a defense "if the defendant concealed or harbored a child in the reasonable good faith belief that the child would be at risk of physical or sexual abuse if the child returned to his custodial residence."
• Improves college benefits for children in foster care.
• Increases penalties for failure of mandated reporters to report abuse.

More information on the new law is available from MassLive.com. More information on child abuse laws in Massachusetts is available at Mass. Law About Child Abuse and Neglect.

Unemployment Benefits Extended

Just days after the federal government passed a law extending unemployment benefits (Title IV of PL 110-252, Supplemental Appropriations Act of 2008), "Governor Deval Patrick on Tuesday authorized Massachusetts to accept federal funds to extend unemployment benefits for up to a total of 39 weeks under a new “Extended Benefits” program," according to a press release from the Governor's Office. The extension becomes effective next week. "The Division of Unemployment Assistance will be notifying potentially eligible claimants by mail after the program begins on Monday July 7. At that time, more information and future updates about the extended benefit program will be posted on the DUA website."