Issue Watch #17 – BBA Leads Amici in Support of IOLTA and Judge Wolf Has His Say
If you’ll pardon my metaphor, the ripples continue to emanate in the legal pond after Judge Mark Wolf stepped off the bench to trade his robes for the opportunity to have his say, then joined a local firm. And, as if I’d been looking for an excuse to throw in a mention of “Legally Blonde,” here comes the SJC to overhaul the rule that the film popularized, about law-student practice (never mind that Elle Woods, as a 1-L, wouldn’t actually qualify—under the old or new version). Also, no judicial nominations for you this time, but plenty of confirmations, including one to the First Circuit. First, though, the BBA leads a large group of organizations on an amicus brief in support of IOLTA…
BBA Leads Amicus Coalition on IOLTA Funds
On Friday, the BBA filed an amicus brief on behalf of nine other groups, arguing that the court rule requiring notice to the IOLTA Committee before any class-action settlement must be observed, for the benefit of legal services statewide and the goal of improving access to justice for low-income residents. Pointing to the clear language of the rule—that the Committee be allowed to weigh in “on whether it ought to be a recipient of any or all residual funds”—the brief emphasizes the damage to the public interest when this requirement goes unenforced, as here.
The BBA and MLAC, which joined the brief, are direct recipients of funds from the Committee, but the other amici are Greater Boston Legal Services, MetroWest Legal Services, the De Novo Center for Justice and Healing, the Massachusetts Law Reform Institute, and Political Asylum and Immigration Representation—all of which are funded in part through indirect IOLTA sources such as BBF grants—and three national organizations.
The case (Ortins v. Lincoln Property Co.) will be argued before the SJC on December 5.
Federal Judge Steps Down to Speak Freely
After nearly 40 years on the federal bench, U.S. District Court Judge Mark Wolf resigned recently, citing deep concern over growing threats to the rule of law. In The Atlantic, Judge Wolf explained his decision:
I no longer can bear to be restrained by what judges can say publicly or do outside the courtroom. President Donald Trump is using the law for partisan purposes, targeting his adversaries while sparing his friends and donors from investigation, prosecution, and possible punishment. This is contrary to everything that I have stood for in my more than 50 years in the Department of Justice and on the bench. The White House’s assault on the rule of law is so deeply disturbing to me that I feel compelled to speak out. Silence, for me, is now intolerable.
Wolf, who sat on the BBA Council in the ‘80s before becoming a judge, told the Boston Globe that he feels “the courts are under vicious verbal attacks” and fears judicial orders not being obeyed by the federal government. He plans to join Todd & Weld, where he will work to defend constitutional principles by assisting with lawsuits and amicus briefs challenging actions by the administration.
Judge Wolf’s decision underscores a truth that leaders across the legal community have emphasized: protecting the rule of law is not a partisan act; it is a patriotic one. Our democracy depends on an independent judiciary, a shared respect for lawful processes, and the courage of individuals and organizations willing to speak up when those foundations are under strain.
Now, more than ever, lawyers and citizens alike must reaffirm our collective responsibility to defend the institutions that sustain justice and safeguard our democracy.
Senate Confirms Dunlap to First Circuit
Judge Wolf was already on senior status, so his departure does not create a vacancy on the bench. However, the U.S. Senate acted this month to fill a long unoccupied seat on the First Circuit Court of Appeals. More than a year after Judge William Kayatta assumed senior status, the Senate confirmed Maine attorney Joshua Dunlap of Pierce Atwood LLP to succeed him. Dunlap, an alum of Pensacola Christian College and Notre Dame Law School, where he graduated first in his class, brings extensive appellate experience to the court. His confirmation follows the expiration of President Biden’s earlier nomination of Judge Julia Lipez, whose appointment was not acted upon before the end of the prior session.
BBA Meeting with Housing Court Chief Justice Horan
BBA President Suma Nair and President-Elect Mark Fleming met with the Chief Justice of the Housing Court, Diana Horan. The Chief Justice told us she has growing concerns about civility of attorneys inside the courtroom and security of her judges outside the courthouse. And she said she’s trying to encourage greater participation in Lawyer for the Day programs in the Housing Court beyond the Eastern (Boston) Division.
New Rules for Law-Student Practice
After an extensive comment period and review process, the Supreme Judicial Court has issued a new Rule 3:03, governing practice by law students under supervision by an attorney. The updated rule, set to take effect next August, marks a significant step in shaping how the next generation of lawyers gain hands-on experience in Massachusetts courts.
Last year, the BBA submitted a letter, drafted by Daniel Nagin of the BBA’s Delivery of Legal Services Section, outlining several areas of concern regarding the original proposal. Some of these were addressed in the final version. Notably, changes to the proposed requirements for participation will allow for more 2-L’s to qualify than was feared, expanding opportunities for early practical training. In addition, proposed rules on judicial discretion over student practice that would’ve been specific to Superior Court were altered to conform to those in other courts. However, the final rule also included a provision that the BBA opposed regarding the circumstances in which an individual tribunal can restrict law student participation.
By engaging thoughtfully in this process, the BBA and its members continue to help shape policies that strengthen legal education, expand access to justice, and uphold the profession’s standards of fairness and integrity.
BBA Files Section Comments on Summary-Process Rules
The BBA filed comments in response to the Trial Court’s proposed amendments that would extensively rewrite the Uniform Summary Process Rules which govern eviction proceedings in Massachusetts. The proposed rewrite reflects sweeping updates recommended by an ad hoc committee in March 2020, along with changes shaped by pandemic-era legislation and standing orders. The comments, drafted by William Lonn and Deena Zakim, come from our Delivery of Legal Services section and emphasize the importance of access to justice and the need for clarity and certainty for all parties. Recommendations include maintaining existing rules on transfer by right to Housing Court and providing clearer notice to tenants upon entry of a case, in order to offer them more certainty and better awareness of their rights.
By engaging in this rulemaking process, the BBA continues its longstanding commitment to strengthening the justice system, protecting vulnerable tenants, and promoting clarity and fairness in Massachusetts’ eviction procedures.
SJC Hears Arguments on Bar Advocates
This month, the SJC heard oral arguments in a case in which CPCS and others argue that the courts can increase compensation rates for bar advocates in response to the months-long crisis in at least two counties that has resulted from advocates declining to take new cases. The Boston Globe followed with an editorial calling for a swift resolution—similar to the BBA’s statement on the issue from July.
You can view past SJC arguments on their YouTube page.
Judicial Appointments, Confirmations, & Nominations
Superior Court Confirmation:
Gillian Feiner was senior counsel at the States United Democracy Center since 2023. She previously worked for 15 years as an assistant attorney general in the Massachusetts AG’s Office, serving as chief of the False Claims Division and senior enforcement counsel for the Health Care and Fair Competition Bureau.
District Court Confirmation:
Becky Michaels spent the last 13 years as an ADA with the Northwestern District Attorney’s Office. —including the past six as Director of Community Prosecution Projects. 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:
Alessandra Petruccelli 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. Shetried 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: Starting in 2007, he ran a solo practice in Worcester, focusing 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 was a solo practitioner out of Framingham who focused 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 Confirmations:
Jamie Bennett worked for the Youth Advocacy Division in CPCS’s Worcester Office, where she represented youth facing delinquency and youthful-offender charges for nearly twenty years—the last 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 was an Assistant Clerk Magistrate at the Springfield Juvenile Court, where he conducted magistrate hearings and worked 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 also practiced at Zwicker & Associates and as an ADA in the Northwestern District Attorney’s Office. He is an alum of Hamilton College and Western New England University School of Law.
MLAC to Seek $2 Million Funding Increase at Walk to the Hill
The 27th annual Walk to the Hill for Civil Legal Aid will take place on Wednesday, January 28th, at the State House. This year, advocates will urge legislators to support a $2 million increase in the state’s appropriation for MLAC, the Commonwealth’s leading funder of legal services. This would bring MLAC’s total budget to $53 million for the upcoming fiscal year. Cuts to federal funding make this a challenging time for state budget-writers, but they also will certainly mean greater need for legal aid among residents facing evictions, domestic violence, unfair employment practices, and other urgent civil legal issues. Strengthening state investment is essential to ensure that our most vulnerable neighbors can access the help they need. It’s not too early to register for the event, but we’ll continue to offer insights on how best to make the case to your legislators.
In the News
News from the Legislature
- Line-item vetoes to court budget overturned, request to extend “9C” authority ignored
Lawmakers from both houses successfully overrode a series of Governor Maura Healey’s line-item vetoes to the state’s current Fiscal Year 2026 budget—most notably for our purposes, a cut of more than $9 million to the judiciary budget that the Legislature had sent her in July. The loss of these funds would’ve been especially significant in the context of an appropriation that was already below maintenance levels.
Contemporaneous with the line-item vetoes that she said were necessary because of the state’s murky fiscal outlook, the Governor also asked legislators to grant her temporary authority to make so-called unilateral “9C cuts” beyond the executive branch in case of revenue shortfalls—an expansion we oppose because of the inherent threat to judicial independence. It appears the Legislature will decline to act on this, leaving that power confined to the executive branch.
- BBA offers testimony on uniform deposition and discovery act
Pete Jamieson of the BBA’s Family Law Section spoke before the Legislature’s Judiciary Committee in support of a bill that he drafted on behalf of the BBA to enact an Interstate Depositions and Discovery Act, modeled on the uniform law that 47 other states have adopted. The compact would smooth and regularize the process for obtaining discovery and taking depositions across state lines. You can watch Pete at the 49-minute mark of the recording.
News from the ABA…
- ABA task force releases report on democracy
The ABA’s task force on democracy released a report recently that includes recommendations for the bar, law schools, and others to act in defense of the rule of law. Clearly motivated by the same threats that have led the BBA to speak up multiple times in recent months, the task force concludes that “[l]awyers must play an essential role in upholding the rule of law” (pp. 78-87) and urges law schools to “commit[] to a greater focus on the rule of law” so as “to train the next generation of lawyers to sustain our constitutional democracy and the rule of law” (p. 90). They also called on bar associations to “continue efforts to address threats to democracy, the rule of law, and the independence and legitimacy of the courts” (p. 6).
- “Legal giant” Ivan Espinoza-Madrigal earns Impacto Award
The ABA announced that the Lawyers for Civil Rights’ executive director Ivan Espinoza-Madrigal had earned its 2026 Impacto Award, calling him a “legal giant” and an expert in legal protections for people of color and immigrants, and highlighting his wins on their behalf in “dozens of life-changing and law-changing cases across the country”. The awards will be bestowed in February. Congrats, Ivan!
While we wait on next month’s oral argument at the SJC in the IOLTA case above, I’m still thinking about the arguments on the bar-advocate case. I know better than to make a public prediction about how any court will rule, but if you watch the video, let me know what you think, because I have some thoughts.
