Summary
requiring trial court departments to obtain approval from Chief Justice of the Trial Court prior to implementing programs requiring parties to participate in dispute resolution without their consent
Summary of this case from Bower v. Bournay-BowerOpinion
July 21, 2004.
On July 21, 2004, it was ordered by the Justices that the Rules of the Supreme Judicial Court be amended as follows:
Rule 1:18: By striking out paragraph (a) of Rule 3 of the Uniform Rules on Dispute Resolution and inserting the new paragraph (a) of Rule 3 set out below;
Rule 1:18: By striking out the words "the Supreme Judicial Court and" in the first sentence of Rule 3(b) of the Uniform Rules on Dispute Resolution;
Rule 1:18: By striking out the second sentence of Rule 3(c) of the Uniform Rules on Dispute Resolution and inserting the new second sentence of Rule 3(c) set out below;
Rule 1:18: By striking out the fourth sentence of Rule 3(c) of the Uniform Rules on Dispute Resolution and inserting the new fourth sentence of Rule 3(c) set out below;
Rule 1:18: By striking out the second and third sentences of Rule 4(b) of the Uniform Rules on Dispute Resolution and inserting the new second and third sentences of Rule 4(b) set out below;
Rule 1:18: By striking out the word "April" in the last sentence of Rule 4(b) of the Uniform Rules on Dispute Resolution and inserting in lieu thereof the following word: — September.
It was further ordered by the Justices that the amendments accomplished by this order shall take effect on January 1, 2005.
Rule 1:18, Uniform Rules on Dispute Resolution Rule 3(a)
(a) Appointment of Standing Committee on Dispute Resolution. There shall be a Standing Committee on Dispute Resolution consisting of up to twenty persons appointed by the Chief Justice for Administration and Management in consultation with the Chief Justices of the Trial Court departments. Each department of the Trial Court shall be represented on the Standing Committee. Members shall be appointed for three year terms and may be reappointed for additional terms when their terms expire. The Standing Committee shall be composed of: judges; other court personnel; attorneys; members of the public; academics; and providers of dispute resolution services. In order to achieve diversity in the membership of the Standing Committee, the Trial Court shall attempt to make funds available for expenses associated with participation in the Committee.
Rule 1:18, Uniform Rules on Dispute Resolution Rule 3(c) [second sentence]
In order to achieve diversity in the membership of an advisory committee, the court shall attempt to make funds available for expenses associated with participation in the committee.
Rule 1:18, Uniform Rules on Dispute Resolution Rule 3(c) [fourth sentence]
Each such Chief Justice may designate an employee as the department coordinator of court-connected dispute resolution services.
Rule 1:18, Uniform Rules on Dispute Resolution Rule 4(b) [second and third sentences]
The Chief Justice shall develop the plan in consultation with the department advisory committee, the department coordinator of court-connected dispute resolution services, and the courts in the department. Services may be provided only by programs on the list developed pursuant to paragraph (a) of Rule 4.
On July 21, 2004, it was ordered by the Justices that the Rules of the Supreme Judicial Court be amended as follows:
Rule 4:02: By striking out the last two sentences of Section (4)(a) and inserting in lieu thereof the two new sentences set out below;
Rule 4:02: By striking out the last sentence of Section (5)(a) and inserting in lieu thereof the three new sentences set out below;
Rule 4:02: By inserting after Section 7 the new Section (8), Pro Bono Status, set out below.
It was further ordered by the Justices that the amendments accomplished by this order shall take effect on January 1, 2005.
Rule 4:02, Section 4(a) [last two sentences]
Upon the filing of such notice, the attorney shall continue to file annual registration statements for as long as he or she remains on inactive status, but shall no longer be eligible to practice law in this Commonwealth, except to provide pro bono publico legal services in accordance with Rule 4:02(8)(a). Any inactive attorney shall pay the fee imposed pursuant to Rule 4:03 for inactive attorneys.
Rule 4:02, Section 5(a) [last three sentences]
A retired attorney may provide pro bono publico legal services in accordance with Rule 4:02(8)(b). A retired attorney providing such services shall file annual registration statements as provided in that Rule. Any retired attorney will be relieved from the payment of the fees imposed pursuant to Rule 4:03.
Rule 4:02 Section (8) Pro Bono Status.
(a) Any attorney admitted to the practice of law in the Commonwealth who has assumed inactive status in accordance with Rule 4:02(4) but who wishes to provide pro bono publico legal services without compensation or expectation of compensation as described in Rule 6.1 of the Massachusetts Rules of Professional Conduct (S.J.C. Rule 3:07) may advise the Board by filing an appropriate annual registration statement that he or she will limit his or her legal practice to providing pro bono publico legal services under the auspices of an approved legal services organization, as defined below. The annual registration statement shall indicate whether the attorney is, or was at the time he or she assumed inactive status, the subject of any pending grievance or disciplinary charge and shall be signed by an authorized representative of the approved legal services organization under whose auspices the attorney will provide services. Unless the Board of Bar Overseers objects, the attorney may begin providing pro bono services after filing such a statement.
(b) Any attorney admitted to the practice of law in the Commonwealth who has retired from the bar and discontinued the practice of law in this Commonwealth in accordance with Rule 4:02(5) may advise the Board by filing an appropriate annual registration statement that he or she will limit his or her legal practice to providing pro bono publico legal services without compensation or expectation of compensation as described in Rule 6.1 of the Massachusetts Rules of Professional Conduct (S.J.C. Rule 3:07) under the auspices of an approved legal services organization, as defined below. The annual registration statement shall indicate whether the attorney is, or was at the time he or she retired, the subject of any pending grievance or disciplinary charge and shall be signed by an authorized representative of an approved legal services organization under whose auspices the attorney will provide services. Unless the Board of Bar Overseers objects, the attorney may begin providing pro bono services after filing such a statement.
(c) For purposes of this Rule, an approved legal services organization shall include a pro bono publico legal services program sponsored by a court-annexed program, a bar association, a Massachusetts law school, or a not-for-profit organization, that provides legal services to persons of limited means and that receives funding from the federal Legal Services Corporation, the Massachusetts Legal Assistance Corporation, the Massachusetts Bar Foundation, the Boston Bar Foundation, or the Women's Bar Foundation, and in addition, shall include any not-for-profit legal services organization designated as an approved legal services organization after petition to the Supreme Judicial Court.