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.

Mass.gov: Gateway to All Things Massachusetts

Massachusetts' website, www.mass.gov, is a user friendly resource for a surprising variety of information related to Massachusetts.  Citizens can use the site to navigate their way to pertinent data when registering a new car, paying their state income taxes, or checking to see if they won the lottery.
But this portal can also help you to plan some hikes, select a wedding venue, or find the nearest Farmers' Market. 

So think of the Mass.gov gateway when you are searching for topics such as Asbestos Removal, Preventing Conflicts With Wildlife, Bar Exam Information  or tracking down a state agency. But also remember that you can get help planning a college education, starting a business, locating a parking spot at a transportation hub or finding directions to your closest Trial Court Law Library.

New Report on Legislative Research

The Congressional Research Service recently issued a new report ( R43434) on how to find legislative materials.   "It is intended to serve as a finding aid to sources of information... used in legislative research."  Although it is compiled for use by congressional office staff, it contains resources available to the public.  Helpful information is contained in Table 1 as it shows the access points for executive and legislative branch documents.  Table A-1 gives a detailed description of the resources listed in Table 1 along with their URL.  The report also contains a flow chart and explanation of the legislative process of how a bill becomes law. 



   

Where to find the latest recalls

According to a recent USA.gov blog, recalls are not uncommon.  Some are easy to find out about because they hit the national news, others don't get media attention but they're still important to be aware of.  Make it a habit to check these places to make sure the products you buy and the food you eat are safe:

• Recalls.gov lists government initiated recalls from federal agencies
• NHTSA.gov publishes safety information on vehicles and equipment such as children's car seats
• FSIS.USDA.gov lists recalls that involve meat, poultry or processed egg products
• FDA.gov lists recalls that involve food, medicines, medical devices, cosmetics, biologics, radiation emitting products, veterinary drugs and pet foods

If you have an issue with a product, you can report incidents and safety concerns with consumer products, or search for incidents reported by others at saferproducts.gov

Massachusetts Insurance Law

A notable new arrival at the Lawrence Law Library is the newest addition to Massachusetts Practice:
Massachusetts Insurance Law.  Covering Massachusetts motor vehicle, property, life, health, and  business insurance as well as consumer protection claims, claims against insurance agents, and claims brought by an insurer against another insurer.  This one won't sit on the shelf very long so come on in and check it out!

New Massachusetts Comprehensive Fire Safety Code

The Board of Fire Prevention Regulations has posted the future Massachusetts Comprehensive Fire Safety Code, which will go into effect January 1, 2015.  They are not "official" yet, but they are posted for training purposes.
The new code adopts, in large part, the National Fire Prevention Association’s (NFPA) Model Fire Code (NFPA-1- 2012 Edition), with Massachusetts amendments.  The new code replaces 527 CMR almost  in its entirety, but will retain chapter 12, which is the Electrical Code amendments.
The Board has also published a cross reference document, which is a table referencing the old code numbers to the new code numbers.  The cross reference is call the Cross Walk.

New books!

If you are interested in automated clearing house transactions, two new books have arrived at the Essex Law Library in Salem. The first, Automated Clearing House Transactions: operations, compliance, and audit covers everything from an introduction to the world of ACH transactions, to how to conduct an audit, as well as sample polices. The other, ACH training manual, explains the "ACH network participants and how to navigate through the ACH rules". Both books are available to borrow with a Trial Court Law Library card.

Election Law

November 4th will be Election Day. To vote in this year's election you must register by October 15th. Residents of Massachusetts can vote by absentee ballot if they:

• will not be in town on Election Day
• have a physical disability
• cannot go to the polls due to religious beliefs
• deployed military

Look here to find out more information on absentee ballots. The Federal Voting Assistance Program has resources for service members, their eligible family members, and overseas citizens.

More information on elections can be found on our Law About Elections webpage.

Hospital Intensive Care Unit Staffing Law

A new law, H4228, passed by the legislature and signed by the Governor on June 26, became effective this week. The law restricts the number of patients that can be assigned to registered nurses who work in hospital intensive care units.  "...in all intensive care units the patient assignment for the registered nurse shall be 1:1 or 1:2 depending on the stability of the patient as assessed by the acuity tool and by the staff nurses in the unit, including the nurse manager or the nurse manager's designee when needed to resolve a disagreement."

The state's Health Policy Commission will promulgate regulations associated with the new law.