BBA Will Make its Voice Heard Re: Probation Reform

The Boston Bar Association (“BBA”) is often asked why we weigh in on some topics and not on others.  The short answer is we are interested in speaking up on issues that have an effect on the practice of law or the administration of justice.  In reality, it’s not that simple.  Getting to the point where we can voice our opinion or share our position involves a careful process.  Sometimes that process is anticipatory while other times it is reactive.

For example, last week’s blog post described one instance where the BBA was pre-emptive and got out front on an issue.  Our members identified an area, updating state consumer debt collection regulations, in which their expertise could be put to use.  Almost all of the recommendations our members made were adopted by the Attorney General’s Office and they are now in the process of promulgating the new regulations.

Next week, on March 30th, the BBA will testify before the Judiciary Committee at a public hearing on probation.  In this instance, the BBA’s involvement has consisted of a measured review and response to the legislation filed by Governor Patrick in January.  This legislation was filed in the wake of the patronage scandal in the Massachusetts Probation Department and the tragic murder of Woburn police officer John Maguire.  Following the death of Officer Maguire, there was a loud and justifiable clamor for immediate review and reform of the department.

The reason the BBA decided to step into the debate is that the proper management and governance of probation is vitally important to the administration of justice.  The final probation reform legislation is sure to have a significant impact on the practice of law and the administration of justice in Massachusetts.

Once the governor’s legislation was filed, BBA President Don Frederico appointed a Council-level study group consisting of a wide range of federal and state prosecutorial and public defense experience.  After weeks of review, which included meeting with experts in the field, thoughtful study and debate, the BBA Council endorsed the study group’s position articulating the guiding principles that the BBA believes any probation reform legislation should be based on.

The study group never set out to correct all of the problems identified in the Ware Report.  Instead, it recognized that there is no one way to solve these issues.  The Legislature needs the freedom to install a system that remedies the problems plaguing the department.

This recent crisis provides an opportunity to make critical changes to the Probation Department.  The BBA hopes that the study group’s principles will help shape criminal justice reform and lead to a more efficient department while improving public safety.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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