Policy Library

Issue Watch #03 – With Mike Avitzur: What’s Hot in the Courts, Legislature and Policy World

September 03, 2024

Issue Watch is a monthly newsletter distributed to BBA members. For more on joining the BBA, visit bostonbar.org/join-now/

August is a quiet month on a lot of fronts, and policy tends to be one of them. But I still have some items for you to know about, including a round-up of new judges—plus an overview of the process—as well as a change to the rules on IOLTA funds that you may want to stay on top of.

New Faces in the Courts

First, the latest two judicial nominees from Governor Maura Healey:

  Sarah Hamilton (Superior Court)
She’s been senior trial counsel for CPCS’s western region since 2022, after spending the first 14 years of her legal career as a staff attorney for CPCS’ Worcester and Fall River offices.

  Heath Antonio (District Court)
A New Bedford attorney who practices in both criminal defense and civil litigation, he previously served five years as a Bristol County ADA.


Next, let’s meet the newest judges in the state court system, starting with the Superior Court, where no fewer than four nominees have been confirmed by the Governor’s Council in recent weeks:

  Matthew Nestor
A District Court judge for 19 years, he previously oversaw the Secretary of State’s Securities Division and was a civil litigator as well as a Suffolk County ADA.

  John Fraser
He is a co-founder and manager at Fraser Law Office in Andover, where he has practiced criminal defense and civil litigation.

  Deepika Shukla
She has been chief of the US Attorney’s Office in Springfield, supervising federal cases in Western Mass. She previously was a plaintiffs’ civil rights attorney at the Connecticut Fair Housing Center and in private practice, and was short-listed for the MA US Attorney position in 2021.

  Keren Goldenberg
She has focused on criminal defense in her Belmont solo practice. She previously was a trial attorney with CPCS and with the Legal Aid Society of NYC.


We also have two new judges on the District Court

  Amanda Ward
She has been an Assistant Clerk Magistrate in the BMC and the Superior Court. Prior to that, she spent ten years as a public defender with CPCS, and also worked as an Adjunct Professor at BC Law School, and a Victim Witness Advocate with the Suffolk County DA.

  Gregory P. Teran
He’s been a public defender with CPCS’s Mental Health Litigation Division after practicing for 15 years at WilmerHale, handling civil cases in federal courts, and representing Guantanamo detainees in habeas corpus proceedings.


… and two more on the Probate & Family Court

  Alexandra Flanders
She has served in the Court since 2013, first as an assistant judicial case manager and since 2020 as a judicial case manager. She also ran a solo practice with a concentration in probate and estate matters and represented indigent defendants with the Legal Aid Society in New York and CPCS.

  Mikalen Howe
She has been an Assistant Judicial Case Manager for the Court, after more than 15 years in private practice—first as a partner at Rubin and Rudman LLP and then as a founding member of domestic-relations firm, Walsh & Howe, LLC.

Transitions in the Judiciary

And as if that weren’t enough, Judge Dana Gershengorn, a 15-year veteran of the Juvenile Court bench, was appointed as Chief Justice there in June, replacing Chief Justice Amy Nechtem, who retired after 10 years at the helm. She is the latest in a series of new chief justices throughout the system in recent months, including:

  • Judge Heidi Brieger as Chief Justice of the Trial Court (December)
  • Judge Michael Ricciuti in Superior Court (also December)
  • Judge Tracy-Lee Lyons in the BMC (January)
Meanwhile, there will be a new Appeals Court Chief Justice appointed soon, with sitting Chief Justice Mark Green set to retire next month.
Finally, Anastasia Dubrovsky has been selected as the next Clerk of Court for the US Court of Appeals for the 1st Circuit, effective October 1, replacing Maria Hamilton upon her retirement after six years in that role. And just yesterday Maura Looney was appointed as the new Clerk of the SJC, after Francis Kenneally became a District Court judge this spring.

Review of the Process

Wondering how the judicial nomination process plays out? Click here for an in-depth overview of the full process, from initial application to final confirmation.

Thinking of Applying for Yourself?

New Rules

New IOLTA rules coming September 1
Following its decision in Olchowski, which held that undistributable IOLTA funds should be transferred to the IOLTA Committee, the SJC adopted new rules governing IOLTA accounts, effective September 1. Attorneys may now remit undistributable funds to the IOLTA Committee any time after making reasonable efforts to identify or locate the client to whom the funds belong. Attorneys must make reasonable efforts and remit undistributable funds within three years after discovering them. The BBA will assist the IOLTA Committee in conveying guidance on compliance with these new rules—watch for that next month!

In the News

The Boston Globe covered how courts are attempting to sift through the evolving field of digital forensics, quoting two BBA leaders in the article raising questions from the Karen Read trial.

“As technology advances at such a rapid pace, the things that we used to think were black and white aren’t black and white anymore.”
Christina Miller, Suffolk Law Co-Chair of the BBA Amicus Committee
“This entire field of computer forensics is essentially an accident. Nobody created computers with the goal of using them to create evidence.”
Seth Berman, Nutter Member of the BBA Privacy & Cybersecurity Steering Committee
Stay tuned for more updates, and don’t hesitate to reach out if you have any questions or need further information. See you next month for another edition of Issue Watch!