Massachusetts State House.
Policy Library

State House Happenings

May 17, 2012

Today, May 17th, marks the day that Massachusetts joins the 48 other states that provide post-conviction access to DNA and testing.  Getting to this point has been a long time coming as bills providing for such testing have been filed for years in the legislature.  The BBA’s involvement began in 2008 with the formation of the Task Force to Improve the Accuracy and Reliability of the Criminal Justice System.  Since then, the BBA and our partners have been working on this issue and we’re pleased that the standard now in Massachusetts will be a statutory right for a defendant to obtain access to forensic and scientific evidence in their case.  To read more about the new law check out this article by Professor David Siegel of New England Law | Boston and Gregory Massing, Executive Director of the Rappaport Center for Law and Public Policy.

Come on Oklahoma, make it 50 for 50!

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Yesterday, May 16th, the Massachusetts Senate Ways and Means Committee released its proposed budget.  Senators have until Friday, May 18th to file any amendments either on behalf of themselves or their constituencies.  The full Senate will debate the budget beginning the week of May 23rd.

The BBA views funding for the justice system as more than just the sum of its parts.  From our vantage point, adequate funding is a fundamental challenge facing the entire justice system – Committee for Public Counsel Services, District Attorneys, civil legal services providers and our state courts.  As we continue to look at the needs of the entire system and exactly what is needed to serve the people of the Commonwealth who rely on the justice system every day, we will keep a watchful eye on what happens in the Senate next week.

While the salaries for assistant district attorneys are still abysmally low, D.A.’s fared marginally better in the Senate budget proposal than they did in the House.  Below is a closer look at the other pieces of the justice system’s budget – the Trial Court, the Massachusetts Legal Assistance Corporation and CPCS:

The Massachusetts Trial Court – The Trial Court’s request for FY13 was $593.9 million

  • Senate budget proposal – $561.9 million
  • House budget – $560.9 million
  • Governor’s budget – $429.7 million (moved the Probation Department to the Executive Branch)

* The Trial Court estimates that the Governor’s budget for the Trial Court with the Probation Department included would be $568 million

The Massachusetts Legal Assistance Corporation – MLAC’s request for FY13 was $14.5 million

  • Senate budget proposal – $11 million
  • House budget – $12 million
  • Governor’s budget – $12 million

Committee for Public Counsel Service – CPCS’s request for FY 13 was $186.4 million.

  • Senate budget proposal – $162.4 million.  Neither the Senate Ways and Means budget proposal nor the House budget includes a mandated staff expansion that the Governor’s budget proposed.
  • House budget: $162.6 million
  • Governor’s budget: $164. 5 million – proposes a CPCS expansion increasing the 25% staff model to a 50% staff model to handle indigent criminal cases.

We urge you to call or email your state senator (if you don’t know who your state senator is, look it up here).  Ask your state senator to co-sponsor and support Senator Creem’s amendment to increase the MLAC line item to $14.5 million.  Also, ask your state senator to urge Senate President Murray and Chair of the Senate Ways and Means Committee Brewer to support Senator Creem’s amendment.

-Kathleen Joyce
Government Relations Director
Boston Bar Association