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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.