There is no contact link or contact info on this website.  Please contact me through LinkedIn or my mediation website.  Please do not contact me unless you are a journalist (or an attorney seeking a mediator).  Thank you for your understanding.  I provide my cell phone number and email to media organizations and journalists.

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       Tips and comments  for Massachusetts legal journalists:

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        Grand Jury  The grand jury hands "up" indictments (hands up to the judge), a judge "hands down" a judgment (judge is literally sitting at an elevated desk), a jury "returns" a "verdict" in open court.

        Grand jury secrecy rules/laws apply to certain government employees and possibly some lawyers.  Grand jury witnesses are under no obligation to talk about their experience.  It is a serious ethical violation for an attorney to ask questions of a grand jury witness if the attorney knows the grand jury witness is represented by an attorney.  As far as I know, the press can approach grand jury witnesses although not if the journalist is an attorney.

 

       Opening Statement  The opening statement of a trial is technically correct.  Opening argument is incorrect.

       

       Mass. Trial Court  Technically and operationally, in Massachusetts there is one "Trial Court."  The seven state trial courts in Massachusetts are departments of the Trial Court.  It is technically correct to call, for example, the District Court the "District Trial Court" but it is awkward usage.  Another example of preferred usage would be the "Superior Court" or the "Superior Court Department", not the "Superior Trial Court".

        In my opinion, over the last twenty years the Mass. Trial Court has gone through major change and modernization, albeit with some institutional turmoil, but now, with the benefit of that cataclysm (joke) stands as a thoroughly modern (and rather large) trial court.  Show me why I'm wrong.  Any large organization with responsibilities like the Trial Court's, at the fault lines of society, makes mistakes but the Trial Court could serve as an example to other government agencies.  Exhibit #1 is the Trial Court's robust and effective employee discipline system.  In an entity as large as the Trial Court there are many and varied conflicts.  I'm not opining on every employee dispute.  As far as I know there are many justified employee complaints with the Trial Court, or the opposite?  I'm not taking a position on those conflicts.

      Similarly, the judicial (judges) discipline system is strong.  I make an educated guess that Judicial Conduct Commission cases are a tiny fraction of the judicial discipline meted out by the Trial Court Chief Justice or Departmental Chief Justices.  Perceived misconduct is addressed quickly.  Again, the Trial Court is a large organization and there are always exceptions.

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      MassCourts  MassCourts as I can see is excellent.  In my opinion MassCourts is as good a public court website that I've seen.  If you have trouble with MassCourts, which appears to be a demanding application, maybe you should restart your computer, or close all your programs and restart your computer or figure out how to empty your cache for the your browser, use a different browser, and/or shut your VPN off.  I have not experienced the frequent serious problems with MassCourts that are blamed on MassCourts in the blogosphere.  It appears that public, non-lawyer, access to criminal cases is limited for public policy reasons and not because of a technical glitch.

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     Mass Judges  In my opinion, Massachusetts judges have a high degree of professionalism and adherence to the rule of law (as opposed to the "rough justice" model).  The cause of the high professionalism of the Mass. judges is that they are appointed and not elected.  To some this might seem counterintuitive.  And Massachusetts is stuffed with educational institutions.  In my opinion that influences the behavior and choice of public officials.  Obviously, there are many exceptions.

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      Very short bio:

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      Former Mass. Superior Court and Boston Municipal Court judge (16 years-SC, 5 years-BMC), and teacher since 2003 at colleges, universities and law schools including the University of Massachusetts Lowell, School of Criminology and Justice Studies (UML contacts for media, faculty profile).  I also serve as a mediator, and have been a member of the Massachusetts bar since 1985.​

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       Approach and extended qualifications:

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        I provide legal analysis to the "Law and Courts" beat based on 16 years as a Massachusetts Superior Court judge, and 5 years as a Boston Municipal Court judge preceded by 16 years as a trial lawyer.  Ideally, I advise line-reporters on legal issues without the need for comments for publication but I understand that "on the record' comments are a lifeblood of journalism.  

 

        My views reflect a special emphasis on the proper role of the courts, and civil and criminal legal systems in a free society.  This goal amounts to an educational goal, and when media organizations and journalists have fast access to thoughtful legal analysis this goal is more likely to be accomplished.  The media is, more often than not, a source of good things -- yes, I am convinced that the media is a net-positive.  I am particularly certain of this opinion at to the regional media, with which I have lots of experience.  I provide insight and analysis on law and courts issues to media organizations and journalists, aiming to make legal concepts accessible and understandable to a wider audience, and ultimately to improve the quality of public discourse about this often contentious subject-matter.   I seek to go a bit below the surface.

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         I am very strong on civil and criminal litigation strategy and trial tactics, criminal justice, and sentencing.    

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         In addition to my long work as a trial judge and my legal practice experience since graduating from Boston University School of Law in 1984, my explanations of legal topics are supported by my college and university and law school teaching since 2003, for which I have been recognized for teaching excellence.  Now I teach at UMass Lowell School of Criminology and Justice Studies, Woods College at Boston College, Bunker Hill Community College, and New England Law | Boston.  I have taught at Boston College Law School, Boston University School of Law, and the National Judicial College in Reno, Nevada, where I created an online course on race and sentencing.

 

         I teach or have taught Business Law, Clinical Evidence, Criminal Law, Criminal Law and Criminal Procedure, Introduction to Criminal Justice, Judicial Process, Race and Sentencing, Sentencing, Trial Advocacy, Trial Evidence, and Trial Practice.

 

         I chaired the Massachusetts Sentencing Commission from 2014 to 2018 when the commission passed the first and only overhaul in the 21 year history of the Massachusetts Sentencing Guidelines.

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         Sample of media organizations I've worked with:

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Boston Herald – link to article by Flint McGolgan, photos by Greg Derr and Pat Greenhouse (paywall).

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Boston Herald - link to article ("ACLU backs Karen Read’s SJC appeal of her murder charge") by Flint McGolgan, photo by Matt Stone (paywall).

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Boston Herald - link to article ("Detainer disputes: ICE officials blast Mass. Courts for releasing suspects wanted by immigration") by Lance Reynolds, photo by Matt Stone (paywall).

 

​MassLive - link to article ("Judge overseeing Karen Read gets new position in Superior Courts") by Charlie McKenna, photo by Pat Greenhouse (Boston Globe) (paywall).​​

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MassLive – link to article by Charlie McKenna and Luis Fieldman, photo by Nancy Lane (paywall).

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MassLive - link to article ("Some Mass. county jails have millions in profits off inmates sitting in accounts") by Hadley Barndollar and photo by Douglas Hook (paywall).

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The Boston Globe – link to article by Sean Cotter and Travis Anderson (paywall).

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The Boston Globe - link to article by Joan Vennochi, and photo uncredited from Associated Press (paywall).

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The Eagle Tribune/The Salem News – link to article by Jill Harmacinski (paywall).

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WBZ CBS News Boston – link to article and video by Neil J. Riley and Juli McDonald, video starting at 00:55 of mid-article video clip.

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WBZ CBS News Boston - link to article and video by Kristina Rex.

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NBC10 Boston - link to video and article by Bianca Beltran and Marc Fortier.

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NBC10 Boston – link to be posted to video.

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Contrarian Boston - Substack – link to be posted to article by Scott Van Voorhis (paywall).

 

Law and Crime podcast network – link to be posted to podcast.

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       I provide legal analysis to promote deeper understanding of public policy issues to journalists and media organizations that are sometimes overmatched in access to highly experienced lawyers, NOT LEGAL ADVICE (which is provided to individuals and entities to make important life or business decisions).  Please do not contact me to ask if I will serve as an expert witness.  Please do not contact me for legal services.  Consult your experienced lawyer for legal advice. Some large bar associations have referral systems for low-cost legal services.  Link to Boston Bar Association lawyer referral service, and link to Massachusetts Bar Association lawyer referral service.