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There is a lot of news coming at you fast, I know, so I’ll try to be mindful of your time with a concise review of the main policy-related news that I’ve been focused on, from a BBA perspective—starting with an important statement from the BBA President about a new threat to the rule of law...
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More troubling news for the right to counsel and the rule of law surfaced last week. A Presidential Action targeted Covington & Burling, the firm representing former special counsel Jack Smith, stripping security clearances from attorneys and seeking to bar the firm from federal contracts.
BBA President Matt McTygue issued a statement in response to this action, reaffirming the BBA's commitment to the rule of law, and encouraging lawyers to offer competent representation to all—especially those who are vulnerable or out of political favor. As he stated:
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“When the executive branch wields its power to single out a law firm and its attorneys for their past or present representation, it strikes at the heart of an impartial and independent justice system.”
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This is not the first time lawyers have faced retribution for their work, and the BBA has long stood in defense of the profession’s independence.
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In 2007, as attorneys representing Guantanamo detainees faced attacks—including from the federal government—the BBA honored their work at our Annual Meeting. Keynote speaker Neal Katyal had successfully argued before the Supreme Court that military tribunals at Guantanamo Bay violated international law, domestic military law, and the constitutional separation of powers. Then-President Jack Cinquegrana wrote:
"[L]awyers who represent the indigent and unpopular still suffer criticism, not praise, for their work. We must speak out strongly when these attacks take place."
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In 2013, amidst controversy that stemmed in part from a judicial nominee’s past Guantanamo work, then-President Paul T. Dacier defended the nominee’s pro bono service, stating:
"Representing an unpopular defendant, especially on a pro bono basis, has always been an honorable thing for a lawyer to do, and should not disqualify anyone from the bench."
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More than 250 years ago, John Adams, who laid the foundation for the BBA, defended British soldiers in the Boston Massacre trial, upholding the principle that legal representation is essential to justice.
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President McTygue recently spoke on the damage done by previous executive actions, “many of which undermine—if not violate—norms, laws, and the Constitution.” As we have in the past, the BBA will continue to speak out when the rule of law is at risk.
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Among other issues of concern from Washington, DC, we note in particular that more than 20 judges have been let go from the Immigration Court. Last week’s Boston Bar Update newsletter included a statement from BBF grantee Political Asylum/Immigration Representation Project (PAIR) on the practical ramifications of this move and its impact on the clients legal-services providers like PAIR represent.
In 2018, at the same time that the BBA issued its Immigration Principles, the BBA Council voted unanimously to:
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"express support for a fair immigration adjudication process with independent judges, and to endorse the ABA’s recommendation that the Executive Office for Immigration Review, including the immigration courts and the Board of Immigration Repeals, be reorganized as an Article I Court."
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The dismissal of Immigration Court judges raises important questions about the impact on due process and access to justice, and the BBA continues to hold the view that the Immigration Court - like the U.S. Tax Court, the Court of Appeals for Veterans Claims, and the U.S. Bankruptcy Court - should be an independent court under Article I.
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_3022219.png) When President McTygue and President-Elect Suma Nair met recently both with Chief Justice Michael Ricciuti of the Superior Court and with the Land Court bench, one common theme was concern about the security of judges and a lack of respect for the rule of law.
Chief Ricciuti encouraged the bar to speak out on the judicial system’s role and to educate the public on the importance of judicial review and independence. He also discussed the Superior Court’s efforts to improve efficiency and urged attorneys to ask to move forward with a trial when ready, which the Court will seek to accommodate even if it means moving the case to a different session. And he told us the Court is committed to helping the Business Litigation Session get even better at handling complex matters efficiently, with technological improvements on the way in those courtrooms.
 Chief Justice Gordon Piper of the Land Court talked about a bench-bar committee (with BBA participation) that is undertaking an overhaul of the court’s guidelines on registered land. The Court has established new procedures and forms and is ready for any increase in requests to withdraw land from registration, following a new law that eases that process.
The Land Court has also changed its forms and procedures in the wake of another new law that reformed real-estate tax-lien foreclosures, with a program underway to allow pro-bono attorneys to assist unrepresented homeowners in trying to redeem their homes and avoid foreclosure. That program is looking for volunteer lawyers to help, with or without experience in real-estate tax matters, and training and other resources available. On the technology front, a very high volume of the court’s work takes place through e-filing, which is now mandatory in all but one case-type.
The Land Court has made extensive updates to its web-site to explain and simplify its procedures and make information available to lawyers and self-represented litigants, to improve access to justice. In addition, judges and litigants are finding virtual hearings effective in a variety of proceedings, across many different types of cases—and particularly helpful given the Court’s statewide jurisdiction.
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LONG-TIME FEDERAL JUDGE BRUCE SELYA PASSES AWAY
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Judge Bruce M. Selya of Rhode Island—who sat for 20 years on the First Circuit Court of Appeals before taking senior status in 2006, which he retained until the end— died at age 90 last week. Among other posts he held, he served as chief judge of the US Foreign Intelligence Surveillance Court of Review and the First Circuit. Current First Circuit Chief Judge David J. Barron said that his legacy “will live on in his much-quoted opinions, which have shaped the law of our circuit in nearly every field. But it will also live on in the high standard that he set for appellate judging nationwide. His devotion to the job was unmatched, and his love for it an inspiration.”
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TWO JUDGES CONFIRMED BY GOVERNOR’S COUNCIL
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Probate & Family Court: Evelyn Patsos was the Court’s Deputy Legal Counsel and Elder Justice Innovation Grant Project Director, after serving as a Deputy Assistant Register and Massachusetts Uniform Probate Code Magistrate in the Worcester court. Before that she was in private practice, focusing on all aspects of domestic relations law, including divorce, custody, and pre- and post-nuptial agreements.
With the Court, she focused on implementation and management of the state’s Uniform Probate and Trust Codes, assisted in the creation of the Fiduciary Litigation Session pilot project and managed the operations of two specialized probate sessions, and was instrumental in securing a $1 million federal Elder Justice Innovation Grant to create the first ever Office of Adult Guardianship and Conservatorship Oversight within the Court.
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Land Court:
Sarah Turano-Flores spent the past 19 years at Nutter McClennen & Fish, where she was a partner in the Real Estate Department and a member of the Development, Land Use, and Permitting Practice Group.
Practicing before the Commonwealth’s Land, Superior, Probate and Family, and Appeals Courts, she focused on land-use permitting and real-estate litigation, representing private individuals, developers, and municipalities from Cape Cod to the Greater Boston area in land-development matters; federal, state, and local permitting; permitting appeals; and title litigation.
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TWO NEW NOMINEES TO JUVENILE COURT
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 Andrew Hoffman has managed his own Boston law office for a decade, representing children, parents, relatives, guardians, and foster and pre-adoptive parents in child abuse and neglect proceedings in the Juvenile, Probate and Family, and appellate courts.
He previously spent 16 years with CPCS's Children and Family Law Division (CAFL), eventually becoming the Managing Attorney of the Boston office, and he also served as a member of the BBO’s Professional Discipline Pro Bono Panel. A graduate of Princeton and the University of Pittsburgh School of Law, he started his career with legal-aid offices in New Jersey and Ohio.
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 Jeannie Rhinehart is attorney-in-charge at CAFL's Brockton office. She joined CPCS in 2007 and has been based out of Pittsfield, Hadley, Worcester, Springfield, and Boston, working as a staff attorney, supervising attorney, and interim attorney-in-charge for CAFL, representing parents and children in custodial disputes.
Prior to that, she was a case manager at the Dimock Community Health Center and a fraud investigator at the Division of Unemployment Assistance. She earned her undergraduate degree from Pine Manor College and her law degree at the Syracuse University College of Law.
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Come what may in the next few weeks, I’ll be back in a few weeks with another update here. Take care until then, and be sure to follow me over on Bluesky for regular updates!
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