Issue Watch #16 – Expanding Access to Justice, Champions of Pro Bono, and Key Court Cases
We’re well into the new program year at 16 Beacon Street, and BBA President Suma V. Nair has started making the rounds, meeting with the chief judges of our courts. We’ll have more on those conversations in the future. In the meantime, our Amicus Committee has been busy, judicial nominations are moving at a brisk pace, and the Supreme Court is back in session.
There’s no shortage of action across the legal landscape, yet one theme continues to demand our attention: the increasing threats to the rule of law.
From high-profile prosecutions to public attacks on the judiciary, recent events have made it clear that the stability of our legal system cannot be taken for granted. The BBA remains steadfast in speaking out and engaging on these issues, and I’ll continue reporting on our work to defend the rule of law, safeguard judicial independence, and uphold the principles at the heart of our democracy.
Beyond the Comey Indictment: Defending the Principles that Define Us
The federal indictment of former FBI Director James Comey is more than a single case. It’s a stark reminder of what’s at stake when the rule of law is bent to serve political will. The recent indictment of New York Attorney General Letitia James, following closely on its heels, underscores the same trend: when prosecutors and public officials are targeted for simply doing their jobs, the impartial administration of justice begins to erode.
As BBA President Suma V. Nair emphasized in her recent statement:
It is the responsibility of each new generation, and of lawyers in particular, to respect, protect, and perpetuate the principles of justice and fairness.
That call to action defines our mission now more than ever. It guides our advocacy, our education efforts, and our service to the community.
But it’s our members who bring that mission to life; those who speak out, take on pro bono cases, mentor new lawyers, and support the BBA’s work in countless ways. Each of these acts of engagement is a tangible defense of the values that anchor our profession.
As the legal and social landscape continues to shift, the BBA will remain vigilant and stand with those who defend judicial independence, ensuring that the cornerstones of democracy remain strong for generations to come.
Check out our 2019 Task Force Report on Judicial Independence
See the statements from this Spring on the targeting of law firms
And to cite just two examples of other corners of the bar expressing concerns, a group of 42 former federal judges marked Constitution Day (September 17—but you knew that) by issuing a public letter speaking out against threats to individual judges and efforts to undermine the judiciary’s legitimacy, and the New York Times reported on dismay and confusion among sitting federal judges over the Supreme Court’s use of the “shadow docket”.
Expanding Access to Justice Through Forensic Testing
The Boston Bar Association’s long-standing commitment to advancing justice and upholding fairness continues in Commonwealth v. Tanner, the latest case addressing Chapter 278A of the General Laws—the post-conviction forensic testing statute that the BBA helped bring to life more than a decade ago.
In Tanner, the defendant passed away before testing was completed, and the Commonwealth now contends that the court’s order therefore no longer stands. The BBA’s letter urges the Court to interpret the statute broadly and consistent with its intended goal of expanding access to post-conviction forensic testing.
This case builds on the BBA’s enduring work to strengthen the integrity of the justice system and ensure that every legal process advances the cause of justice.
(Two other BBA-involved cases, Gravito and Santana, were argued before the SJC last month; video of both hearings is available online.)
Celebrating Champions of Pro Bono: The Mary K. Ryan Awards
The BBA’s Mary K. Ryan Awards for Achievement in Pro Bono will be handed out on October 30 at the Spirit of the Bar event.
If I may take a moment of personal privilege: I had the honor of working with Mary for nearly a decade through the BBA. Few people have embodied the ideal of service through law as completely as Mary did. She devoted her career to expanding access to justice for immigrants, pro se litigants, and other vulnerable communities here in Massachusetts and across the nation.
The BBA report she co-authored with Jayne Tyrrell, another tireless champion of justice, calling for a greatly expanded right to counsel in civil cases, remains one of the defining statements of our organization’s values. It is altogether fitting that the award recognizing members of our legal community who share her vision and commitment bears Mary’s name.
I invite you to learn more about this year’s honorees and to help celebrate their work, and Mary’s enduring legacy, by joining us at the Spirit of the Bar on October 30.
Watching the High Court: Key Supreme Court Cases on the BBA’s Radar
The new U.S. Supreme Court term opened, as it always does, on the first Monday in October (but you knew that). This year’s docket is packed with cases that could reshape civil rights and redefine the boundaries of federal power. In one that we’re watching closely, observers seemed to concur, after oral argument, that a majority is poised to strike down a Colorado law banning licensed therapists from offering minors so-called “conversion therapy,” a discredited practice that claims to change a person’s sexual orientation or gender identity. Massachusetts is one of 23 states with similar protections on the books—passed with the BBA’s support in 2019.
Another case drawing our attention is a direct challenge to the Constitutional guarantee of birthright citizenship, an issue the BBA addressed earlier this year.
Also on the horizon: whether schools may bar transgender athletes from competition. That question will come before a Court that has already upheld bans on gender-affirming care for minors. Just last month, an interim order did allow a transgender boy in South Carolina to use the boys’ restroom at school while his case proceeds (another ruling from the Court’s “shadow docket”) but put off a decision on the merits.
BBA Remains Committed to Transgender Rights
At the Boston Bar Association, our commitment to justice, service, and democracy compels us to speak out when fundamental rights are under threat. Earlier this year, we publicly opposed a Presidential executive order that strikes at the core of transgender people’s right to live free from discrimination and we previously advocated for the Commonwealth’s transgender anti-discrimination law. Both of these continue the BBA’s longstanding advocacy for equality and the protection of civil rights in Massachusetts and beyond.
These same principles were behind the recent expansion of the Commonwealth’s Shield Law, which strengthened protections for providers and recipients of gender-affirming care, safeguarding both their identities and personal information.
This progress comes at a critical moment: Across the country, efforts to restrict transgender rights are escalating, from Utah’s statewide ban on displaying Pride flags outside government buildings and schools, to Iowa’s rollback of legal gender changes and the removal of gender identity as a protected class in its anti-discrimination laws. Meanwhile, federal employees who are gender-nonconforming continue to report harassment, discrimination, and hostile workplaces.
In the face of these challenges, the BBA remains steadfast in our commitment to fairness, dignity, and the rule of law: principles that define both our profession and our democracy.
Judicial Appointments, Confirmations, and Nominations
After a slight late-summer lull, the Governor and the Governor’s Office have gone into overdrive on the judicial-appointment front, with 11 nominations since we last spoke—4 of them already confirmed (plus one more left over from before)…
Superior Court Nominations
Gillian Feiner: Since 2023, she has held the position of senior counsel at the States United Democracy Center. She previously worked for 15 years as an assistant attorney general in the Massachusetts Attorney General’s Office, serving as chief of the False Claims Division and senior enforcement counsel for the Health Care and Fair Competition Bureau.
District Court Confirmations
Tonomey Coleman: He held a seat on the Massachusetts Parole Board, starting in 2013, and became acting chair in June. Previously, he worked for four years as a partner at Cartwright & Coleman, for more than two years as an associate at Fitzhugh & Associates, and for 12 years as a criminal-defense attorney. A graduate of Boston College Law School, he is a former president of the Massachusetts Black Lawyers Association.
Mark Fabiano: For the past six years, he has been assistant clerk-magistrate of the Wrentham District Court, presiding over small-claims cases and evaluating criminal complaints. He was a partner at Fabiano Law Firm in Norwood for almost eight years before that, and a partner at Bolio & Fabiano for five years. At the start of his legal career, he was a Norfolk County ADA from 2002 to 2006, prosecuting serious felony cases and working as the supervising ADA in the Wrentham and Dedham district courts.
William Powers was a solo practitioner in Hampden County as well as a Bar Advocate for indigent clients, and he served as the General Counsel and District Director for the First Congressional District, creating strategies for legislation, and spearheading the office’s regulatory reform efforts. His solo practice in Springfield focused on criminal defense and immigration work. He previously served as a Hampden County ADA, prosecuting criminal matters.
District Court Nomination
Becky Michaels has served as an ADA for 13 years—including the past six as the Director of Community Prosecution Projects—with the Northwestern District Attorney’s Office. She helped create and chairs the office’s Conviction Integrity Committee, Equity in Prosecution Committee and the Brady Committee, and has also helped develop and manage the office’s Drug Diversion and Treatment Program, Restorative Justice Diversion Program, and Adult Diversion Program. Prior to that, she was an Assistant Attorney General in the Government Bureau of the Massachusetts AG’s Office, representing government agencies in legal challenges. She began her legal career serving as a judicial clerk on the Massachusetts Appeals Court and on the United States District Court for the District of Massachusetts. She holds degrees from Barnard College and Western New England University School of Law.
Probate & Family Court Confirmations
Lyonel Jean-Pierre, Jr.: Starting in 2022, he was managing attorney at Community Legal Aid in Worcester that covers central and western Massachusetts. He also spent nine previous years as a CLA staff attorney, following two years at a private firm and four years as a clinical instructor at the Harvard Legal Aid Bureau.
Timothy Horan: He owned a general-practice law firm in his name for nearly nine years before his confirmation, handling probate and family-law matters; criminal, civil and administrative litigation; estate planning; and personal injury. Before that, he was a partner at Horan McLean & Horan and worked as a health-care fraud investigator and prosecutor at the Division of Professional Licensure, and as an advocate and analyst for the Bristol County District Attorney’s Office.
Probate & Family Court Nominations
Alessandra Petruccelli: She has operated a solo practice in East Boston for the last 20 years, focused on family and domestic relations law, as well as real estate transactional work. She has tried more than 100 cases as lead counsel in both the Juvenile and the Probate & Family Courts. She graduated from the University of Massachusetts at Amherst and from Suffolk University Law School.
Mark Lee: Since 2007, he has run a solo practice in Worcester, where he focuses on all aspects of family and domestic relations law, including cases involving divorce, custody, child support, removal, division of assets, and the probating of estates. He has also been appointed as a “special master” by various state courts to resolve accounting disputes and oversee real estate sales. He holds degrees from Stonehill College and New England Law | Boston.
Elena Tsizer: She is a solo practitioner out of Framingham who focuses on domestic relations and family law, probate law, estate planning, and bankruptcy, with significant experience in cases involving divorce, custody, child support, and complex asset divisions. She earned her J.D. from New England Law | Boston, then worked as a law clerk in the Court’s Bristol, Middlesex, Suffolk and Worcester divisions.
Juvenile Court Nominations
Jamie Bennett currently works for the Youth Advocacy Division in CPCS’s Worcester Office, where she has represented youth facing delinquency and youthful-offender charges for nearly twenty years—the past 11 as Attorney in Charge. She has extensive experience handling arraignment and bail arguments, negotiating plea agreements, drafting and arguing discovery motions, conducting evidentiary hearings and jury trials, and representing young people at sentencing hearings. She holds a Bachelor of Arts from Bowdoin College and a J.D. from Northeastern University School of Law.
Benjamin P. Mann is currently an Assistant Clerk Magistrate at the Springfield Juvenile Court, where he conducts magistrate hearings and works with court users to ensure effective access to justice. He previously served as counsel to the Massachusetts Department of Children and Families, where he coordinated legal interventions and worked with social workers to address the needs of families and children involved in care-and-protection proceedings. He previously practiced at Zwicker & Associates and as an ADA in the Northwestern District Attorney’s Office. Mann is an alum of Hamilton College and Western New England University School of Law.
Finally, we’re not in the habit of noting appointments to other states’ courts (but you knew that), and yet we couldn’t resist adding that former BBA Council member Colin Owyang has been named to Vermont’s Superior Court. Before moving to the Green Mountain State, he served as First Deputy Attorney General under then-AG Maura Healey, as an Assistant US Attorney, and as an associate at Foley Hoag. Congratulations, Judge Owyang!
And congratulations to all of you for making it this far. (You did make it this far, didn’t you?) As we mark Pro Bono Month and celebrate the 290th birthday of John Adams — our founder, our nation’s second president, and a steadfast champion of justice — I invite you to join the Boston Bar Foundation’s first-ever Giving Day on October 30, 2025.
In partnership with the BBA, the BBF works every day to expand access to justice, support public service, and strengthen the legal profession. In these challenging times, lawyers have a powerful role to play. Together, we can uphold the ideals that Adams devoted his life to: fairness, equality, and the belief that every person deserves representation and dignity under the law.
