Justices were wary of overstepping the “separation of powers” in a bid for courts to increase pay for attorneys who represent indigent defendants.
Courts
Posted inPolitics
Two veteran Democrats sue to block all-party primary ballot question
A pair of Democratic state committee members want the state’s highest court to toss a ballot question that would shift state elections to an all-party primary system, teeing up a legal fight over a measure that could fundamentally reshape political power in Massachusetts.
Posted inHousing
MBTA Communities fight heads back to the SJC
A group of holdout towns is banking on the very court that declared the legislation mandatory in January to rule that the mandate is illegal without dedicated funding.
Posted inThe Saturday Send
The long-term affects of Steward Health Care’s bankruptcy and four more stories
Hallie Claflin does a deep dive into the long-term affects of Steward Health Care’s bankruptcy filing, and what hospital closures could mean for the Healey administration going forward. Plus: Universities and businesses grapple with the prospect of lower international enrollment in Boston-area schools, permitting can’t catch up to demand for new housing, state senators question sheriff spending, and more.
Posted inCourts
Four Supreme Judicial Court cases to watch in November
In November, the seven Supreme Judicial Court justices will wrestle with some disputes that are years or decades in the making. Others touch on current crises. And the Legislature’s action or inaction is often a factor.
Posted inCourts
When the courthouse leads to the therapist’s office
The mental health courts make a compelling offer: If the participants agree to use it, the system will connect them with long-term and accessible mental health supports often out of reach for people in prison or just trying to navigate the crunched behavioral health landscape. But they are expensive, resource intensive, and serve just a fraction of the people in need of mental health services in and out of the criminal justice system.
Posted inThe Codcast
A super PAC longshot
This week on the Codcast, CommonWealth Beacon reporter Jennifer Smith talks with Harvard professor Larry Lessig about the ill-fated attempt to restrict Super PAC contributions in Massachusetts and the successful effort in Maine that was struck down by the lower court. The Maine coalition thinks it has a shot at convincing higher courts, not to overturn Citizens United but to embrace an originalist argument to limit money in politics.
Posted inHousing
Lawmakers say they meant for MBTA Communities law to have teeth
“What I found interesting was what the case was not about,” zoning expert and consultant Amy Dain said on The Codcast. “The justices and the lawyers in the courtroom were not debating whether there’s a housing crisis. “
Posted inCourts
Post-Bruen decision, everyone has to be a gun-law historian
The decision has opened almost all aspects of the state’s gun safety law regime to challenge and sent lawyers scrambling for history books. As recent Massachusetts Supreme Judicial Court decisions have shown, if a policy is not tied to a founding-era law or practice – a so-called historical analogue – it likely will not survive judicial scrutiny.
Posted inCourts
SJC greenlights electric substation in E. Boston
The Conservation Law Foundation and the Chelsea-based advocacy group Greenroots had argued that the state’s Energy Facilities Siting Board approved the East Boston substation location – across the street from a school — without adequately considering “the equitable distribution of energy and environmental benefits and environmental burdens.”
Posted inCourts
In case of $70,000 Tiffany ring, SJC judges fully engaged
Justices at the state’s highest court appear open to doing away with the traditional approach to answering a very niche question: should it matter whose fault it is when an engagement goes sour, even with a $70,000 diamond ring on the line?
Posted inBallot Questions
SJC green-lights tipped wages ballot measure
A ballot initiative that would raise the minimum wage for tipped workers and let employees pool tips cleared the state’s highest court, with justices concluding the petition’s language is just fine to put before voters.
Posted inCourts
State solicitor tapped as Healey’s first SJC pick
Gov. Maura Healey has picked Elizabeth “Bessie” Dewar, the state solicitor and a former US Supreme Court clerk, as her first nomination to the state Supreme Judicial Court.
Posted inCourts, State House News Service
Feds tell automakers not to comply with Mass. law
STATE HOUSE NEWS SERVICE FEDERAL TRANSPORTATION officials dealt a major blow to a voter-approved Massachusetts law boosting access to motor vehicle telematic data, warning that the measure on the state’s […]
Posted inCourts, State House News Service
Cypher stepping down from SJC, giving Healey a pick
STATE HOUSE NEWS SERVICE SUPREME JUDICIAL Court Justice Elspeth Cypher plans to step down in January, giving Gov. Maura Healey a chance to appoint someone to the state’s highest court […]
Posted inThe Download
Lawsuit alleges racial discrimination in tenant screening tool
Two Black women from Massachusetts are at the center of what could become a landmark federal case about whether software that screens potential tenants is illegally biased against Black and […]
Posted inCriminal Justice
SJC judges pose dismissal of 27,000 tainted drunk driving convictions
THERE IS NO QUESTION that for years, state breathalyzer tests were not certified correctly, and Massachusetts’ Office of Alcohol Testing acted egregiously when it withheld evidence about failed calibrations of […]
Posted inThe Download
Judiciary seeks to join modern era with $164m bond bill
When I recently sought a public document from a state court, the clerk asked me to request it by fax. In 2022, who operates via fax? Reporters are not alone […]
Posted inCourts
Judiciary seeks to join modern era with $164m bond bill
WHEN I RECENTLY sought a public document from a state court, the clerk asked me to request it by fax. In 2022, who operates via fax? Reporters are not alone […]
Posted inCourts, Criminal Justice
After three decades behind bars, man released because racism tainted his murder trial
AFTER SPENDING 31 years in prison for murder, Corey Glover walked out of MCI-Norfolk a free man on May 4, after arguing successfully that a juror’s racism prevented him from […]
Posted inCourts, Marijuana
Attorney accused of bribery in seeking Medford marijuana license
SOMERVILLE ATTORNEY Sean O’Donovan was arrested Friday and charged with trying to bribe a family member of the Medford police chief to convince the chief to help a marijuana company […]
Posted inCourts, Education
SJC slams Harvard, but says university can keep slave photos
THE SUPREME JUDICIAL Court on Thursday revived a lawsuit brought by a woman who claims Harvard University caused her emotional distress when she sought information about and the return of […]
Posted inDrug Addiction
Child Advocate says ‘system failed’ Harmony Montgomery
THE DEPARTMENT OF CHILDREN AND FAMILIES and the court system valued the rights of Harmony Montgomery’s parents more than Harmony’s wellbeing, according to a damning 101-page report issued Wednesday by […]
Posted inUncategorized
SJC dismisses challenge to state mask mandate
THE SUPREME JUDICIAL COURT on Monday dismissed a lawsuit challenging the statewide mask mandate, agreeing with state and local officials that the case is moot because the mandate has been […]