You can get jail time for making noise in a Massachusetts library.

According to Massachusetts General Law chapter 272, section 41:

"Whoever wilfully disturbs persons assembled in a public library, or a reading room connected therewith, by making a noise or in any other manner during the time when such library or reading room is open to the public shall be punished as provided in the preceding section."

The preceding section of the law cites a penalty of 30 days in jail or $100 fine, or both.

These days, more and more libraries are encouraging people to talk and interact in libraries, so this may be a moot point for you.  However, just remember to try to be considerate of others while in the library.  After all, isn't considerateness what laws are really all about?

Housing Court Expansion Proposal

In a press release last month, it was announced that the Judicial Branch submitted a proposal to the Legislature to expand the Housing Court to the entire Commonwealth by July 1, 2015.  The Access to Justice Commission recommended this expansion proposal.  "Its growth over the ensuing decades has been patchwork in nature: about 20 percent of Massachusetts in geographic terms is not covered by a Housing Court and, since the uncovered areas are quite populous, about 30 percent of the state’s population does not have access to a Housing Court."

Ralph D. Gants, Justice of the Supreme Court, said “We believe that all residents of the Commonwealth, regardless of where they live, should have the opportunity to have their housing case heard by a Housing Court, and benefit from its specialized expertise in residential housing matters.”

“Expanding the Housing Court is in line with the Trial Court’s mission of delivering justice with dignity and speed," said Paula M. Carey, Chief Justice of the Trial Court. "This expansion offers all parties involved in housing issues—landlords, tenants, property owners, and code enforcers—the benefits of the efficacy and expertise of Housing Court adjudication in a broad range of cases.”

According to Steven D. Pierce, Chief Justice of the Housing Court, "The Housing Court has a record of cost-effective operations. Expanding this specialty court statewide can capitalize on that efficiency and expand on access to justice at the same time. Housing Courts provide swift and fair adjudication as well as access to services and programs that can help stabilize housing situations between landlords and tenants. We look forward to working with the Legislature to expand Housing Court jurisdiction to cover all of the state’s residents.”

See current list of Housing Courts by County.

Appellate Court Libraries and State Law Libraries Standards

"Access to Justice is a fundamental right of every citizen of the United States. Legal information is an essential element of this right. Law libraries are integral to the administration of justice as providers of legal resources. Each state law library and appellate court library holds its resources in public trust to ensure that legal information is available to all citizens."

- from the Preamble to the Appellate Court Libraries and State Law Libraries Standards
   approved by the Executive Board of the American Association of Law Libraries (AALL)
   July 11, 2013

The Standards include sections on Governance, Budget, Personnel, Physical Plant & Facilities, Access to Justice, Information Services, Technical Services, and a recommended core Collection. The Massachusetts Trial Court Law Libraries are member libraries of the State, Court and County Law Libraries Special Interest Section of AALL, the body that put together these standards.

SJC rejects publication for level 2 sex offenders registered before statute change

The Supreme Judicial Court has released an opinion that states that sex offenders that were categorized as level 2, when publication on the internet was not in effect, should not be named publicly on the web.  Retroactive application of the change in the statute would be unconstitutional under due process.  The statute, St.2013, c. 38, §§ 7, 9, amended G.L. c. 6, §§ 178C-178Q.
The case is Moe v. Commonwealth, SJC 11520, March 26, 2014.

Better Legal Writing

Our libraries have a selection of materials to help experienced attorneys and self represented litigants improve their persuasive legal writing skills. 

A Brief Guide to Brief Writing:  Demystifying the Memorandum of Law, is a recent lively read laced with humor, but full of specific tips for writing briefs on any level.  Throughout the fifteen chapters of dos and don'ts, the emphasis is on clear persuasive writing, following the Rules of the jurisdiction, along with avoiding sanctions for lying and incomprehensible poorly written briefs.

Our Massachusetts Law About Civil Procedure webpage has links to resources useful in writing for court and navigating the mandatory procedural rules which must be followed while doing so.

Bullying Law Update

On March 20, 2014, by a bi-partisan vote of 37-1, the Massachusetts Senate passed        H. 3909 an Act Relative to Bullying in Schools, which updates the state’s anti-bullying laws to include specific protections for youth populations that are the most frequent targets of bullying, including LGBT youth.   See our page Massachusetts Law About Bullying and Cyberbullying for more information.

Dating Relations May Require Court Permission

The following bill is presently before the Massachusetts Joint Committee on the Judiciary:

Senate Bill 787
In divorce, separation, or 209A proceedings involving children and a marital home, the party remaining in the home shall not conduct a dating or sexual relationship within the home until a divorce is final and all financial and custody issues are resolved, unless the express permission is granted by the courts.

The bill seeks to amend  Section 31 of chapter 208 of the General Laws, as appearing in the 2010 Official Edition.

SJC issues new ruling on 209A appeals

In MacDonald v. Caruso, SJC-11381, March 11, 2014, the Supreme Judicial Court ruled that when a defendant seeks to end a permanent abuse prevention order, they "must show by clear and convincing evidence that, as a result of a significant change in circumstances, it is no longer equitable for the order to continue because the protected party no longer has a reasonable fear of imminent serious physical harm."
They go on to "direct judges to place their findings of fact regarding such motions on the record, regardless whether the motion is allowed or denied, to assist an appellate court in reviewing the determination on appeal."  The direction seeks to prevent any abuse of discretion on the part of the judges.

It's all fun and games until someone get hurt.

As it gets warmer, people start going outside to enjoy the nice weather. If you or your child gets hurt however, who is the responsible party? What should the trial strategy be? One source to look at for answers is Am. Jur. Trials. The latest addition to this series contains the article, Litigating injury claims against municipalities as to parks and recreation facilities (133 Trials 1).  Included are sample pleadings, interrogatories, opening and closing statements, and jury instructions. It also directs the reader to other sources for additional information. For example, Liability of state or local governmental entity for injury sustained or caused by persons sledding, tobogganing, coasting, or otherwise sliding on snow on government land (29 A.L.R. 6th 369) and Cause of action for park or playground injuries against municipality raising immunity defense, (23 COA 275). If you would like to see or use any of these sources, plan a trip to your local Trial Court Law Library. We are free, open to the public, and lend most of our materials.

SJC Seeks Comments on Proposed New Criminal Rule 23

"This new Rule would require that any stipulation to an essential element of a charged offense entered by the parties before or during trial be in writing and signed by the prosecutor, the defendant, and defense counsel. This Rule would additionally require that any such stipulation shall be read to the jury and may be introduced into evidence."

"Comments should be directed to The Standing Advisory Committee on the Rules of Criminal Procedure, c/o Senior Attorney Barbara Berenson at Barbara.Berenson@sjc.state.ma.us or Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston 02108 on or before June 30, 2014. Comments will be made available to the public."

More information, including the proposed text of the rule and proposed reporter's notes, can be found at the SJC's Notice Inviting Comment.

Keep up to date with Annual Conference Publications

Our libraries regularly add annual conference material to our collections, which are an efficient way to keep abreast of recent developments in various fields of law.  Some of the conferences are also available on CDs.

Massachusetts Continuing Legal Education holds many conferences each year.  Just several of the areas of law covered are Business Litigation, Family, Immigration, Estate Planning, Municipal, Environmental and Land Use, Nonprofit and Criminal Law.

Suffolk University Law School holds an annual Labor Law Conference and the Real Estate Bar Association publishes material from their Spring and Annual conferences each year.

Stop by any of our libraries and check out an annual conference curricula in your area of interest.

Massachusetts Police Testing Google Glass: a Wearable Technology

Massachusetts law enforcement is trying to stay on the cutting edge of sprouting technologies that will allow them to strengthen their job activity. Both the Norwood and Peabody police departments are testing a "hands free" device called Google Glass which has been provided to police by WiredBlue, a startup company focused on law enforcement and technology.  Google Glass is still in a test phase but it has great potential to make the day-to-day activities of the police much easier.  For example, it could provide public safety personnel with floor plans of buildings before entering to make an arrest or respond to a fire.  However, the equipment also raises legal issues regarding privacy and intellectual property rights.

Sunshine Week

Open government is good government. Sunshine Week, from March 16-22, 2014 is a national initiative to promote a dialogue about access to public information and what it means for you and your community. Participants include news media, civic groups, libraries, nonprofits, schools and others interested in the public’s right to know.

“MassachusettsLaw About Freedom of Information and Public Records” can link you to legal reference sources which may be able to add substance to that dialogue.

Resource Guide for Mass. Grandparents Raising Their Grandchildren

A new 2013 edition of this helpful guide, Resource Guide for Mass. Grandparents Raising Their Grandchildren, has been added to the website of Grandparents Raising Grandchildren of Mass.  The Resource Guide covers care & custody basics, childcare & school programs, financial issues & child support, legal services, health & insurance, counseling & mental health, disability services and resources for specific communities.  The website also includes links to additional information including a list of support groups.

The Federal Register

The Federal Register

The first issue of the Federal Register was published seventy-eight years
ago on March 14, 1936.

The Federal Register, the daily legal newspaper of the Federal Government,
is published every business day and contains new and proposed regulations
from Federal departments and agencies, Presidential Executive orders and
proclamations, and other Presidential documents.

You can learn more of its history at this website or you can  read issues of
the Federal Register here or at HeinOnline which is also available on our
Trial Court Law Libraries website.

Women's Suffrage Parade

100 Years Ago this month; one day before the inauguration of President Woodrow Wilson, the Women's Suffrage Parade took place in Washington D.C.  It seemed to be off to a good start despite that it was a late start, but it soon became choked up along the Pennsylvania Avenue route by tens of thousands of spectators, mostly men. 

The marchers' were shoved and assaulted by the spectators,  while the police seemed indifferent to the marchers treatment.  By the end of the day over 100 marchers were hospitalized! The mistreatment of the marchers amplified the event -- and the cause -- into a major news story and led to congressional hearings, where the D.C. superintendent of police lost his job.
                                                                                  
See the pics here.        See the link to Wikipedia here.   

Appealing a Speeding Ticket?

If you are appealing a speeding ticket (or other civil motor vehicle infraction), here are some links to help you “learn the ropes”.

Law:

Massachusetts General Laws Chapter 90, section 17 Speed limits.

Massachusetts General Laws, Chapter 90, section 3. Civil motor vehicle infractions procedure, including appeals.

   Time for filing appeal:
       Massachusetts General Laws Chapter 90, section 3(a)(4).

   Procedure for appeal:
       Massachusetts General Laws Chapter 90, section 3(a)(5):

         Questions of law arising in the disposition of a civil motor vehicle infraction in a noncriminal hearing before a justice may be appealed to the appellate division. Such appeals shall be governed by a simplified method of appeal established by rules promulgated by the chief justice of the district court department, subject to the approval of the supreme judicial court. Claims of appeal shall be accompanied by an entry fee in an amount established by the chief justice of the trial court. Proceedings under this chapter shall not be reviewable by a civil action in the nature of certiorari.

 
Court Rule and Regulation:

Massachusetts Trial Court Rule VII: Uniform Rules on Civil Motor Vehicle Infractions.  Procedure for initial hearings - subsection 7(b) and appeal - subsection 7(d)

District Court Administrative Regulation No. 2-86 (amended 10/23/13) Schedule of Assessments for Civil Motor Vehicle Infractions promulgated pursuant to G.L. c.90C, s. 1.

About the Law:
Beginning in 1986, all motor vehicle offenses carrying a fine of $100 or less that were not subject to an arrest were made civil offenses. More recent changes have included as civil offenses all motor vehicle offenses, regardless of the amount of fine, that do not carry the possibility of an arrest.
Massachusetts Motor Vehicle Offenses, Chapter 4 Civil Motor Vehicle Infractions, section 4.1.1.

Massachusetts Law about Traffic Violations

 

Print Resources:

West’s Massachusetts Motor Vehicle and Traffic Laws and Regulations

Massachusetts Motor Vehicle Offenses (MCLE)

 
 

Good Reading!

 

SJC Orders Changes to Attorney Registration

Starting July 1, 2014, attorneys registering with the BBO will need to submit their business email address that may be used by courts for official business.  They will also need to report any changes of information within 14 days (instead of 30 days).  See Massachusetts Supreme Judicial Court Rule 4:02.  For the exact text of the new order, please visit our Document Delivery Service and request "2014 Massachusetts Court Order (C.O. 0014)" found on Westlaw.

The Devil Made Me Do It

     On March 1, 1692, three women, Sarah Osborne ,  Sarah Good  and Tituba , were charged with the illegal practice of witchcraft, setting in motion the infamous Salem Witch trials during which numerous other people were similarly charged.    The newly appointed Governor, William Phips, created the Court of Oyer and Terminer,  “to hear and determine”, the cases of all the accused witches.

     The Court of Oyer and Terminer convened on June 2, 1692, with Chief Magistrate William Stoughton presiding.  A controversial type of evidence allowed in the proceedings was called spectral evidence.  Although impossible to prove, this evidence allowed the accusers to state that an accused's spirit had appeared to them, and it was accepted based on the Puritan belief that the devil was real.

     In  October of 1692, Governor Phips ordered the Court of Oyer and Terminer dissolved and replaced with the Superior Court of Judicature.  This new Court was directed to ignore all spectral testimony and base their decisions on tangible facts.  It was too late, however, for the 19 people put to death for practicing witchcraft.

     With the enactment of the Massachusetts Constitution, the Superior Court of Judicature was renamed the Supreme Judical Court.  Since then evidence allowed in Massachusetts Courts is governed by various sources, including the constitution, statutes, common law and the rules of court, all discussed in the Massachusetts Guide to Evidence.     

‘Access to justice’ on bar exam

The Access to Justice Commission last fall proposed that the subject of  'Access to Justice' be added to the topics tested on the state bar exam. The SJC is now seeking comments on the proposed topic. Comments must be in by March 24th.

Both positive and negative arguments have been published. The official memorandum can be found here. The Access to Justice Commission states that "the new topic would include substantive areas of law in which there is a high incidence of unmet legal needs; ethical issues that arise when not all litigants are fully represented; and due process doctrines related to fair hearings." A brief discussion of the proposed topic can be found in this PDF.

Spanish Language Search Interface is available on HeinOnline

If you are a patron of the Trial Court Law Libraries, you have remote access to our Hein Online database. They recently announced you have the option to change the search language of the interface to Spanish.

Once you've logged in, using your patron card number, you will see "Language" as an option in the upper right-hand corner of the page. You can use this link to switch the interface language to Spanish.

The original publications, i.e. names, law journal articles, treatises, Statutes at Large and Supreme Court Opinions will remain in English.

Discharge of a Deliberating Juror

"The discharge of a deliberating juror is a sensitive undertaking and is fraught with potential for error.  It is to be done only in special circumstances, and with special precautions." Commonwealth v. Connor, 392 Mass 838(1984).

Two statutes describe the special circumstances for the discharge of a deliberating juror:  G. L. c 234, s. 26B and G. L. c. 234A, s. 39.  See also Mass. R, Crim. P. 20(d)(3).

Case law explains the special precautions, particularly Commonwealth v. Connor above.

In a recent appeal of an armed robbery conviction, the defendant contended "...that the judge's discharge of a deliberating juror was procedurally defective.  We agree the applicable protocols were not followed, and conclude that reversal is required..."  Commonwealth v. Garcia, 84 Mass. App. Ct. 760 (2014)

For more information about juries and jury service, see our page on the topic.

Access- to- Justice Hackathon

On Robert Ambrogi's LawSites blog, there was a post about an upcoming access- to- justice hackathon which is being held in conjunction with the American Bar Association's annual meeting in Boston on August 7-12, 2014.  Lawyers and law students will form teams with software developers and graphic designers to develop a Web application or mobile app that further access-to-justice efforts.  A winning team will be selected, so start thinking of creative ideas. 

SJC rules on Dookhan cases, presumption of misconduct by state

The court ruled that "the defendant is entitled to a conclusive presumption that Dookhan's misconduct occurred in his case, that it was egregious, and that it is attributable to the Commonwealth."
The case is Commonwealth v. Scott, SJC-11465. March 5, 2014.
And, in another anticipated decision, "upskirting" is not against the law as it exists.
COMMONWEALTH vs. Michael ROBERTSON. SJC-11353. March 5, 2014

Early Mass. railroad maps digitized by the Mass. State Library

Early Mass. railroad maps have been digitized by the Mass. State Library.

The first railroad in Massachusetts was chartered in 1826 and since that time the commonwealth has seen dozens of operators expand and contract their operations. By 1836 railroad corporations had to submit reports of their activities to the Secretary of the Commonwealth and in 1871 a Railroad Commission was established to oversee these companies. This wonderful digital collection from the Massachusetts State library brings together dozens of maps, manuscripts, and annual reports related to the operations of these companies. The Maps area is remarkable as it features over 270 maps that document various railroad surveys from the mid 19^th century to the early 20th century. The Annual Reports area includes over 50 reports from the Public Service Commission that provide valuable insights into railroad operations. The Manuscripts area contains a range of acts that document the potential and realized ambitions of a range of small, medium, and large railroad companies, including the Dorchester and Milton Extension Railroad Company. [from Scout Report, by KMG]

Status Inquiry Form for Those Awaiting Decisions.

The Probate and Family Court's new status inquiry form PFC13 is used to request status update when awaiting a decision that was taken under advisement (within time periods set forth in form).  This and other forms can be found at Massachusetts Legal Forms as well as the Probate and Family Court Forms Page.  

 

2014 Edition of Massachusetts Guide to Evidence Released

The Supreme Judicial Court and its Executive Committee on Massachusetts Evidence Law has announced the release of the 2014 edition of the Massachusetts Guide to Evidence.  The Supreme Judicial Court recommends it use by the bench, bar, and public.

"The Massachusetts Guide to Evidence assembles existing Massachusetts evidence law in an easy-to-use document organized similarly to the Federal Rules of Evidence. The Guide includes extensive explanatory notes and citations to pertinent authorities," according to the press release.

"The 2014 edition of the Guide reflects developments in Massachusetts evidence law that occurred between January 1, 2013 and December 31, 2013. In addition to incorporating dozens of new opinions issued in 2013 by the Supreme Judicial Court, the Appeals Court, and the United States Supreme Court, the 2014 edition contains the following new materials:  a section discussing the use of motions in limine (Section 103(e)); (2) an expansion of Section 404(a)(2)(b) to reflect the additional purposes for which character evidence may be offered by the accused in a criminal case and in rebuttal by the prosecution; (3) a synopsis of new case law concerning the scope of the attorney-client privilege under Section 502; (4) a new section 611(g) discussing the use of stipulations in both civil and criminal cases; (5) a clarification of the distinction between lay witness opinion testimony and expert witness opinion testimony in the Note to Section 701; (6) new cases addressing the evolving jurisprudence under the Sixth Amendment's confrontation clause; and (7) in Sections 801-804, a reorganization and improved explanation of the law dealing with hearsay and its exceptions, including, in particular, a clarification of the state of mind exception."

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

Open Access for Law School Journals and more

The Durham Statement on Open Access to Legal Scholarship was signed by the Directors of twelve major University Law Libraries in February of 2009. In the statement, they call for “all law schools to stop publishing their journals in print format and to rely instead on electronic publication coupled with a commitment to keep the electronic versions available in stable, open, digital formats.”

What is open access? Last December, Sarah Glassmeyer published an article called “Give Open a Chance in Law” in LLRX, Sabrina Pacifici’s Web journal. Sarah says “Open means the material or tool is unencumbered by legal and physical traits that inhibit its use by others.” It means we can find the law that we are looking for. She goes on to discuss open access to primary law, scholarship produced in the academic world, treatises and practice materials, and tools that analyze or manipulate legal material. Her audience includes practicing attorneys and law professors.

What does this mean for patrons of the Massachusetts Trial Court Law Libraries? It means that we all need to be keeping our eyes and ears open to determine the best way to access legal material as formats and access points change. Your librarian would be a good person to ask about this. As for those law school journals that you used to read in print, you will find better, if not exclusive, access in the electronic world. For now, with your Trial Court Law Libraries Library Card, you can have remote access to HeinOnline, which includes full text for nearly 1200 Journals.

How can a data security breach affect you? What are the Laws in Massachusetts About Identity Theft? What's a business to do?

Have you seen our link to the Massachusetts Laws About Identity Theft?

Within this page is the link to the Code of Massachusetts Regulations and the “Standards for the Protection of Personal Information of Residents of the Commonwealth of Massachusetts”.

 The Office of Consumer Affairs and Business Regulations has a Frequently Asked Questions page about 201 CMR 17.

The Office of the Attorney General has regulations requiring businesses to Safeguard Personal Information.

201 CMR 16 discusses the Placing, Lifting and Removal of Security Freezes for the benefit of the consumer.

Has your business taken the appropriate precautions to prevent a data security breach?

In an April 23, 2012 Press Release, the Office of the Consumer Affairs and Business Regulations reported that as of September 30, 2011, their office had received over 1,800 breach notices affecting 3,166,031 people.

The Attorney General’s Office has a Guide to Identity Theft for Victims and Consumers.

Want to read more about this topic? Here’s the link to our catalog.

Can’t get to the Law Library but have a patron card? Use this link to the Hein Online database to read law journal articles on the subject.

Don’t have a library card yet? Here are some other articles you might find interesting:

• Hirsch Roberts Weinstein LLP’s blog: The Data Security Chain Must Get Stronger by March 1, 2012.

• Encryption: A Key Component of Information Security.

• Federal Trade Commission’s BCP Business Center with Links to Various Types of Data Security.

• Fighting Identity Theft with the Red Flags Rule: A How-To Guide for Business.

• Regulations’ Impact on Data Breach Costs, Analyzing Latest Ponemon/Symantec Cost of Data Breach Study by Eric Chabrow as of June 11, 2013.

Source: MCLE Fundamentals of Data Security Law, c. 2013.