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Chief
Justice Margaret H. Marshall Lauds Bench-Bar Partnership
in Annual Address to the Legal Community
Chief
Justice Robert A. Mulligan Presented Distinguished Service Award
by the National Center for State Courts
In
her Annual Address to the Legal Community today, Supreme Judicial
Court Chief Justice Margaret H. Marshall praised the partnership
and communication between judges and lawyers in their efforts to
improve the delivery of justice in the Massachusetts court system.
Sponsored by the Massachusetts Bar Association, the event was held
in the Great Hall of the John Adams Courthouse with more than a hundred
lawyers, judges, and court staff in attendance.
"The
Judiciary's groundbreaking management reforms could not have come
about, and cannot be sustained, without the full cooperation of the
organized bar," said Chief Justice Marshall. "We often are called
a nation of lawyers. In my view, this is a high compliment. Only
a nation of lawyers could maintain a fierce commitment to the rule
of law…only when the bench and bar work in partnership can our system
of justice flourish."
Chief
Justice Marshall said the courts have solicited the views of attorneys
and court employees on management reforms and have welcomed their
participation in openly discussing their assessments with judges
in five regional "Open Dialogue" forums held throughout the state
in recent months. Close to 900 people, including the Trial Court
Chief Justices, have attended the five bench-bar meetings, co-sponsored
with the Court Management Advisory Board, Massachusetts Bar Association
and local bar associations.
She
cited several pilot projects to provide more efficient court time
with lawyers, including a teleconferencing project in the District
Court in western Massachusetts and the pursuit of new videoconferencing
programs with sheriffs in Essex and Worcester counties. She said
that by the end of the year each Trial Court department will have
identified changes to be implemented as a result of views expressed
at the "Open Dialogue" meetings.
Chief
Justice Marshall credited the leadership of Chief Justice for Administration & Management
Robert A. Mulligan for implementing many positive changes to court
culture and operations, including time standards to improve case
management, staffing models to allocate resources where needed, metrics
reports to measure data on the courts' administrative progress, and
surveys in courthouses to elicit the views of court users on their
experiences in the courts.
"For
five years, Chief Justice Mulligan has been the touchstone for deep
institutional reform of our trial courts," said Chief Justice Marshall.
His appointment to another five-year term at the helm assures a steady
hand through the current financial crisis, and an unbroken journey
on the path to excellence in judicial administration."
Today
Chief Justice Mulligan received the Distinguished Service Award,
one of the highest honors given by the National Center for State
Courts (NCSC), headquartered in Williamsburg, Virginia. The award
was presented by NCSC President Mary McQueen to Chief Justice Mulligan
for his "impressive abilities not only as a jurist but as an innovative
court manager" and "for establishing a record of dedication to the
justice system and working diligently to improve the public’s confidence
in the courts."
Chief
Justice Marshall also discussed the financial crisis as it affects
the judicial branch and emphasized that the courts will take strong
measures to reduce spending without sacrificing the core mission
of delivering justice. She said a Fiscal Task Force has been formed
to identify cost saving measures and efficiencies across all courts
departments.
"We
are committed to shouldering our fair share of budget cuts while
safeguarding the essential functions necessary to maintain our mission
and constitutional imperatives," said Chief Justice Marshall.
The
Chief Justice discussed the judicial evaluation program instituted
by the courts to evaluate judges’ performance and encouraged lawyers
to continue to complete the surveys. She said that judicial evaluations
have been conducted in each county twice and each judge has received
an average of 117 evaluations from attorneys. To date, the program
has received 98,500 attorney evaluations, 23,400 employee evaluations,
and 11,900 juror evaluations. She said that a new comprehensive program
of professional development for all Trial Court judges is being developed.
She also described her own experience of having a specialist critique
her performance on the bench.
Other
major projects of interest to lawyers, judges, and self-represented
litigants that Chief Justice Marshall discussed included the new
Massachusetts Guide to Evidence, a comprehensive compilation of existing
Massachusetts evidence law in one user-friendly document, which will
soon be available in hard copy and on the courts’ websites, and the
successful Limited Assistance Representation (LAR) pilot projects
in three counties to help people who cannot afford full legal representation.
She said that the LAR pilot projects have been named as a "best practice" in
the national Self-Represented Litigants Network, a premier think
tank on such matters.
As
a strong proponent of civic and law related education, Chief Justice
Marshall described the John Adams Courthouse as a "hub of law related
activities in the Commonwealth." More than 21,000 guests, including
school children, teachers, lawyers, law students, international delegates,
and members of the public, have visited the courthouse for tours,
dramatic plays, or educational events since May of 2006.
"How
proud John Adams would be that the most significant public building
bearing his name plays such an important role in perpetuating his
legacy of reverence for the rule of law," Chief Justice Marshall
said.
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