Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Monthly Archives: August 2011

New Massachusetts Court Reform Law Posted on Aug 31

A court reform bill was signed into law by Governor Patrick earlier this month (Chapter 93 of the Acts of 2011). The legislation provides for the hiring of a court administrator to act as the administrative head of the Trial Court. The court administrator will   …Continue Reading New Massachusetts Court Reform Law

New SJC Rule 4:02(10) effective Thursday Posted on Aug 30

Rule 4:02, Registration of Attorneys, was amended in June to add the following subsection (10): (10) Residential Addresses Confidential Residential addresses disclosed on registration statements, except those designated as the registrant’s place of business, shall be treated as confidential and shall be used by the   …Continue Reading New SJC Rule 4:02(10) effective Thursday

Police lose appeal in cell phone video civil case Posted on Aug 29

When Simon Glik videoed an arrest on Boston Common, the police arrested him for violating the wiretapping statute, among others. Those charges were later dropped, and deemed baseless. Glik then filed a civil suit claiming violation of civil rights. The intelocutory appeal by the police   …Continue Reading Police lose appeal in cell phone video civil case

State of Emergency Posted on Aug 27

What does Hurrican Irene mean to you? According to the Executive Office of Public Safety, “[t]here is a misconception that various restrictions or bans automatically are triggered when there is a Gubernatorial State of Emergency in place. This is not so. The declaration of a   …Continue Reading State of Emergency

State stops 5 reverse mortgage companies Posted on Aug 26

The Massachusetts Division of Banks has ordered 5 companies to stop offering reverse mortgages to elderly homeowners, stating that they are not licensed in Massachusetts. The Globe reports today that Eldervantage, Lender 411, Senior Reverse Mortgage Online, Reverse Mortgage Helpdesk and Reverse Mortgage Site are   …Continue Reading State stops 5 reverse mortgage companies

Jury Instructions on Responsibility, Mental Illness and Drug or Alcohol Use Posted on Aug 24

Earlier this week, the Supreme Judicial Court, in Comm. v. DiPadova, recommended a revised set of jury instructions in cases where a defendant’s legal capacity is at issue because of a combination of mental illness and drug or alcohol use. The summary provided in the   …Continue Reading Jury Instructions on Responsibility, Mental Illness and Drug or Alcohol Use

“Service animals” definition narrowed by DOJ Posted on Aug 23

Recently the regulations of the Department of Justice were amended to clarify the definition of service animals for public accommodation. 28 CFR 36.104 (page 56250) has been changed to limit the application to animals who’s “work or tasks performed by a service animal must be   …Continue Reading “Service animals” definition narrowed by DOJ

Guardianship and Conservatorship Resources Posted on Aug 22

The Massachusetts Guardianship Association has two helpful booklets. Handbook for Massachusetts Guardians  includes the rights of incapacitated persons, the obligations of guardians and terminating guardianship. Handbook for Massachusetts Conservators explains the rights of individuals and the obligations of conservators, as well as how to terminate the conservatorship. More   …Continue Reading Guardianship and Conservatorship Resources

AG Bid Protest Decisions Now Available Online Posted on Aug 19

  Bid protest decisions regarding disputed public construction contracts in Massachusetts are now available online under a transparency initiative announced Wednesday by Attorney General Martha Coakley.  The database available on the attorney general’s web site covered decisions dating back to 2003 and also includes some   …Continue Reading AG Bid Protest Decisions Now Available Online

When is a General Ordinance Really a Zoning Ordinance? Posted on Aug 19

When it limits off-street parking on private property of single-family residences, according to the Appeals Court in Spenlinhauer v. Town of Barnstable, decided yesterday.  The ordinance in question was a general ordinance that limited the number of motor vehicles that could be parked “overnight, offstreet   …Continue Reading When is a General Ordinance Really a Zoning Ordinance?