BBA Joins DLC & MHLAC on Amicus Letter in Support of Civil-Commitment Rights

This week, the BBA joined the Disability Law Center (DLC) and the Mental Health Legal Advisors Committee (MHLAC) in submitting an amicus letter to the SJC in an impounded case brought by a petitioner currently held at Bridgewater State Hospital under the Commonwealth’s civil-commitment laws

In his reservation and report on the case — which was made public, in order to promote amicus participation, and which contains further details on the underlying fact pattern — the Single Justice set oral argument for April 5. The BBA Council accepted the Amicus Committee‘s recommendation to join the letter, based on our commitment to the fundamental principles of due process and equal protection.

The amicus letter (which is also impounded) argues that: (a) the statute in question raises due-process concerns regarding the treatment of prisoners under the law, as opposed to others; (b) there is no current rationale for the provision allowing the state’s Commissioner of Correction to effectively override a judge’s determination and hold an individual at Bridgewater who would otherwise be sent to a different facility for treatment; and (c) the exercise of that authority has a disproportionate impact on low-income people and people of color.

For all these reasons, the letter urges the Court to find that portion of the statute unconstitutional. The letter was drafted in part by the BBA’s Amicus Committee, but we were pleased to be able to partner with MHLAC and DLC, who led this effort.

The case will be argued before the SJC (streamed live) on Monday at 9am.

Amicus Curiae means, literally, friend of the court. Since 1975, the BBA has filed amicus briefs on matters related to the practice of law or the administration of justice. The 2020-2021 BBA Amicus Committee is co-chaired by Neil Austin of Foley Hoag LLP and Maria Durant of Hogan Lovells.

—Michael Avitzur
Government Relations Director
Boston Bar Association