Chief Justice Margaret H. Marshall Cites Bench-Bar Collaboration
and Innovation in Major Address to the Legal Community
Speaking
to approximately 300 lawyers and judges in the Great Hall of the
John Adams Courthouse at the Massachusetts Bar Association's Bench-Bar
Symposium, Supreme Judicial Court Chief Justice Margaret H. Marshall
today said that "excellence, sustained by collaboration" has been
her guidepost for the Massachusetts judicial branch since she became
Chief Justice seven years ago. Chief Justice Marshall stressed
that "superb substantive justice" continues to be delivered in
courthouses throughout the state and that the court's administrative
reforms are progressing at a remarkable pace because of the leadership
and commitment exhibited by Chief Justice for Administration and
Management Robert A. Mulligan, the Trial Court Chief Justices,
and other judges, clerks, and staff within the judicial branch.
She said, "Massachusetts is in the vanguard of a growing national movement to bring systems of management and accountability to our court system."
Chief
Justice Marshall emphasized that an effective judiciary requires
the support of lawyers dedicated to "sustaining, improving, and
protecting our courts." She noted that many lawyers have
been particularly helpful in volunteering their time in lawyer-for-the-day
programs in courts and in participating for the first time this
month in a pilot program involving limited representation in cases
in Suffolk and Hampden Probate and Family Courts to help people
who cannot afford full legal representation.
Chief
Justice Marshall said, "Massachusetts is emerging as a national
leader in addressing the challenges presented by self-represented
litigants." She said limited representation will expand the
number of litigants who come to court with attorneys enhancing
fairness, efficiency and accessibility to our legal system.
In
the area of judicial administration, Chief Justice Marshall said the
court's roadmap for management reform has been the Monan Committee
report issued in 2003. Since then, time standards for civil
and criminal cases have been established in all departments of the
Trial Court, staffing models to guide resource decisions have been
adopted, and CourTools, a national model developed by the National
Center for State Courts for measuring and improving the expeditious
processing of cases, has been implemented in the Trial Court. She
said the courts are making "demonstrable progress" in efforts
to improve the delivery of justice. She thanked the Court Management
Advisory Board, comprised of lawyers and community members, for their
work on court administration issues.
The
jury system in Massachusetts is becoming more efficient and
user-friendly, Chief Justice Marshall said. She cited
the summonsing of jurors, the experience of jurors at trial,
the one day/one trial system, and the statewide public education
campaign initiated by the Office of Jury Commissioner as
being helpful in increasing the willingness of people to
serve as jurors.
Other
initiatives in collaboration with the bar include the project
to compile existing Massachusetts evidence law into a single,
easy-to-use document and a new multi-jurisdictional rule,
effective January 1, which will govern how lawyers licensed
in other states may practice law in Massachusetts.
Chief
Justice Marshall noted the importance of civic education
and support of the bar and said that she feels "renewed
confidence in the strength of public support for our constitutional
structure of government, for our separation of powers and
checks and balances." She said that the webcasts
of oral arguments at the Supreme Judicial Court in cooperation
with Suffolk University, the Court's educational website,
community outreach programs in the John Adams Courthouse
and in other courthouses, and partnerships with educational
and community organizations have helped the courts to reach
out to teachers, students, and the public in an effort to
make the court system more understandable and accessible.
At
the end of her remarks, Chief Justice Marshall gave
special recognition to Attorneys Edward J. Barshak and Robert
J. Muldoon for their outstanding service and extraordinary
contributions to the Board of Bar Examiners. Their combined
service totals almost 70 years. Mr. Barshak, who was
appointed in 1969 and served for many years as chair, completed
his service last year. Mr. Muldoon, who also served
as chair, was appointed in 1974 and recently completed his
service. Chief Justice Marshall expressed the Court's
appreciation of their numerous achievements.
Following
the Chief Justice's address, a panel of distinguished
judges, lawyers and media representatives discussed the topic, " Supporting
and Protecting the Independence of the Judiciary."
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