A collection of contributed articles on the law from Massachusetts legal experts and a support service provider, designed to help you help your clients. PAGES 16 - 21
A SECOND CHANCE AFTER FORECLOSUREEpstein, Lipsey & Clifford PC
FEDERAL EMPLOYMENT DISCRIMINATION LAWThe Law Office of Alan H. Crede PC
AVOIDING THE AUTO EXCLUSION IN SOCIAL HOST CASES JUST GOT HARDERSugarman, Rogers, Barshak & Cohen PC
SECONDARY TRAUMA AND BURNOUT IN LAWYERS AND WHAT TO DO ABOUT ITMaxine Sushelsky
WHY YOU SHOULD CARE ABOUT TRANSITION PLANNING IN SPECIAL EDUCATIONPeter A. Hahn, Esq.
YOURS, MINE AND NEVER OURS: THE TROUBLE WITH SOME PRENUPTIAL AGREEMENTSDeutsch, Williams, Brooks, DeRensis & Holland PC
Chief Justice Phillip Rapoza receives Presidents Award #
Guest editorial by ABA President Robinson on court funding crisis #
UPC OVERVIEW, PART 2
Timothy D. Sullivan explains the UPC changes #
SEE PAGE 2 FOR A COMPLETE LISTING OF THIS ISSUES CONTENTS.
VOLUME 19 | NUMBER 4 | DECEMBER 2011
PHOTO BY TRICIA OLIVER
From left to right: Massachusetts Chapter of the American Academy of Matrimonial Lawyers President Marc J. Cooper, MBA President Richard P. Campbell, Probate and Family Court Chief Justice Paula M. Carey, MBA Family Law Conference Co-Chair Marc E. Fitzgerald and MBA Family Law Conference Co-Chair Michael I. Flores.
Family Law Conference addresses alimony reform, court staffing
RICHARD P. CAMPBELL
It seems axiomatic that courthouses should be among the safest places in our communities. They are, after all, halls of justice where individuals and institutions are summonsed to appear before their peers to answer for their acts and omis-sions. The images that should come to mind follow:
a building and room that bespeaks of the power and majesty of the law;
a judicial officer who is scholarly, even-tempered and unbiased;
committed and fearless jurors who hail from the involved community;
Gov. Deval Patrick signed an equal rights bill on Nov. 23 that protects trans-gender people from housing, education, em-ployment and credit discrimination. It also provides additional civil rights and protec-tion from hate crimes.
Also, before adjourning the formal por-tion of its session for the year, the Legisla-ture acted on issues of importance to the bar, including parole eligibility for repeat violent offenders. Although formal sessions have concluded, the Legislature will continue to meet informally before starting formal ses-sions again in January. All matters pending at the end of the calendar year will carry over into the new calendar year.
NEW TRANSGENDER RIGHTS LAW
Patrick signed H.3810, An Act Relative to Gender Identity, the day before Thanks-giving, making Massachusetts the 16th state to treat transgender individuals as a protect-ed class.
No individual should face discrimina-tion because of who they are, he said in a press release. This legislation gives Mas-sachusetts the necessary tools to stop hate crimes against transgender people and to treat others fairly. I am proud to sign it.
Approximately 33,000 transgender indi-viduals live in Massachusetts, according to the governors office.
The new law will also increase the states ability to prosecute hate crimes against transgender people, a community that has historically experienced dispropor-tionate levels of harassment and violence, Patricks office said.
The MBA House of Delegates voted to support the legislation in March 2007 and has advocated for its passage since then. This law is necessary because it makes those protections explicit, uniform and vis-ible to businesses, schools, landlords and the general public, said MBA President Richard P. Campbell.
HABITUAL OFFENDER LEGISLATION
The House and Senate both passed leg-islation eliminating parole eligibility
Diminished courthouse security, the rule of law
Legislature working on parole reform
BY LEE CONSTANTINE
Gov. Patrick signs equal rights bill fortransgender people
A special December issue from Massachusetts Lawyers Journal
2 MASSACHUSETTS LAWYERS JOURNAL | DECEMBER 2011
INSIDE THIS ISSUE
ON THE COVER PRESIDENTS VIEW:
Diminished courthouse security, the rule of law
FAMILY LAW CONFERENCE ADDRESSES ALIMONY REFORM, COURT STAFFING
LEGISLATIVE UPDATELegislature working on parole reform; Gov. Patrick signs equal rights bill for transgender people
NOMINATIONS SOUGHT FOR 2012-13 OFFICERS, DELEGATES2
VIEWPOINTGUEST EDITORIAL BY ABA PRESIDENT ROBINSON ON COURT FUNDING CRISIS3
LEGALNEWSNEWS FROM THE COURTS4
SAVE THE DATE: WALK TO THE HILL JAN. 264
GRANT WILL CREATE STATEWIDE PRO BONO RESOURCE4
BAR NEWSCOWAN HELPS TIERED MENTORING PROGRAM KICK OFF THIRD YEAR7
FAMILY LAW CONFERENCE DRAWS RECORD CROWDAlimony reform headlines annual event8
APPEALS COURT CHIEF JUSTICE RAPOZA RECEIVES PRESIDENTS AWARD AT NEBA9
HOOPES TO LEAD FAIR AND IMPARTIAL COURTS COMMITTEE9
BROWN RUDNICKS $25,000 FUNDS MOCK TRIAL PROGRAM10
MBA MEMBER APPRECIATION RECEPTION10
CALENDAR OF EVENTS14
EXPERTS & RESOURCES#
14, 15, 16, 17
Volume 19 / No. 4 / December 2011
EDITOR: Bill Archambeault
CONTRIBUTING WRITERS: Jennifer Rosinski, Kelsey Sadoff
SENIOR DESIGN MANAGER: N. Elyse Lindahl
DIRECTOR OF MEDIA AND COMMUNICATIONS: Tricia M. Oliver
CHIEF OPERATING OFFICER/ CHIEF LEGAL COUNSEL: Martin W. Healy, Esq.
LEGAL EDITOR: Martin W. Healy, Esq.
PRESIDENT: Richard P. Campbell, Esq.
PRESIDENT-ELECT: Robert L. Holloway Jr., Esq.
VICE PRESIDENT: Jeffrey N. Catalano, Esq.
VICE PRESIDENT: Marsha V. Kazarosian, Esq.
TREASURER: Douglas K. Sheff, Esq.
SECRETARY: Robert W. Harnais, Esq.
2011 Massachusetts Bar Association
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PRESIDENTS MESSAGEContinued from page 1
victims who willingly come for-ward and make public their travails; and
percipient witnesses comfortable in appearing on the stand.
Like conflicts of interests, the ap-pearance of safe and secure courthouses has meaning too.
The dirty secret among the mem-bers of the bench, knowledgeable court personnel, prosecutors, defense lawyers and other practitioners is that insecure and unsafe courthouses and courtrooms are a prominent byproduct of radically reduced budgets and multiple years of diminished staff caused by the combina-tion of attrition and hiring freezes.
Is the concern real? Consider these events.
In April 2011, Jaquan Bennett, a convicted felon on probation for posses-sion of an illegal firearm, and some of his friends attended the arraignment of their colleague, Girold Grand-Pierre, on an illegal firearm charge in the Roxbury District Court. Grand-Pierre had tossed two revolvers into a dumpster with the police in hot pursuit. Court officials ex-pressed concerns to the Boston Police Youth Violence Strike Force about the presence of Bennett and his colleagues at the arraignment. When Bennett left the courthouse, Boston Police found a 9 mm handgun in the pouch on the back of the right front passengers seat of his car. Suffolk County District Attorney Daniel F. Conley said it all: Whatever his intentions, absolutely nothing good can come of a loaded handgun in the hands of a felon outside one of New Englands busiest courthouses.
Under comparable circumstances a few months ago