Blue Mass Group

Reality-based commentary on politics.

  • Shop
  • Subscribe to BMG
  • Contact
  • Log In
  • Front Page
  • All Posts
  • About
  • Rules
  • Events
  • Register on BMG

Please add an “Access to Justice” section to the Democratic Platform

February 15, 2009 By AmberPaw

And I requested the addition of “access to justice” as one of the areas of the Democratic Platform.  Without access to the courts to enforce rights, or be protected against state action, no citizen has any rights at all.

I note that John Adams must have been aware of this, in drafting the ringing “Open Courts Clause” included as “Article XI of the Declaration of Rights of the Inhabitants of the Commonwealth of Massachusetts”.

The vision for the government of our state involved three co-equal branches of government, which as a system of checks and balances would prevent tyranny.

Thus, the Judicial Branch cannot be treated as a mere agency – nor castrated by the appropriation power or the appointing power without harming democracy at its very core.

Therefore, “Access to Justice” must be a core value, and a topic in its own right.

The topics within “Access to Justice” include an independent judiciary, funding for the Judicial Branch sufficient to guarantee access to justice which is, as article XI in the Declaration of Rights requires:

“Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character.  He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; comforably to the laws.”

NOTE:  Without sufficient funding to hold an adequate number of trials and motions, the requirement of “without delay” cannot be met by the judicial branch.  Without adequate support for the provision of legal services to those who cannot afford counsel, Article XI is a mockery.  It should be the Land Court that ensures justice for the tenant and property owner.    It should be the Juvenile Court that ensures that juveniles – and families – are treated fairly by schools and the Department of Children and Families.  And access to justice requires both access to courts, and to legal counsel for those of modest means, not only the wealthy if the “ought to obtain right and justice freely, without being obliged to purchase it” is not a mockery, and an empty promise.

Please share widely!
fb-share-icon
Tweet
0
0

Filed Under: User Tagged With: access-to-justice, indigent-defense, legal-services

Comments

  1. judy-meredith says

    February 16, 2009 at 4:44 pm

    But wondering where to put it and how to describe the population to be served.

    <

    p>We already have to fight hard to protect various programs with an exploding client list like the Committee on Public Counsel Services,, Massachusetts Legal Assistance Corp, Mental Health Legal Advisors, Correctional Legal Services. All found under the Judiciaryin the budget. None of their “constituencies” have very powerful supporters, except maybe the Constitution.  

    <

    p>    

  2. tedf says

    February 17, 2009 at 10:49 am

    AmberPaw, I agree.

    <

    p>I don’t know if you read about Chief Justice Marshall’s remarks yesterday. While I think many state court systems are facing worse problems than ours, it’s clear we’re in for a period of belt-tightening. We need to cut expenses in a way that minimizes the loss of access to justice.

    <

    p>Here is one idea for reducing the judiciary’s budget that occurred to me the other day while I was sitting in a Suffolk County Superior Court session. Each courtroom has a court officer, who sits at a little desk while court is in session. I think the court officer is there primarily to provide security. But judging from appearances, many of them aren’t, let’s say, in tip-top shape. Mostly they seem to do crossword puzzles or, in a few amusing cases I’ve seen, flirt with the court reporters or clerks before the judges enter the room. Also, court reporters seem to man every session, even where the only people in the room are lawyers arguing motions in run-of-the-mill civil cases.

    <

    p>It seems to me the courts could save some money–I have no idea how much–by using court officers only in sessions where there is an actual need for real security. I note that when I worked in the federal courts after law school, I never saw a security person in the courtroom except where there was a specific need for one, but in those cases, the U.S. Marshal’s office would send a hard, ex-military-looking officer rather than a portly civil servant waiting out his time until pension. We should get rid of these sinecures if we are serious about tightening the belt.

    <

    p>And to the extent the courts have a real concern about security, they could start by adopting cheap but effective measures, such as requiring attorneys to pass through the security screening at the entrances to the buildings. I’ve always been shocked that I can enter the court building without passing through a metal detector simply because I have a bar card.

    <

    p>TedF

Recommended Posts

  • No posts liked yet.

Recent User Posts

Predictions Open Thread

December 22, 2022 By jconway

This is why I love Joe Biden

December 21, 2022 By fredrichlariccia

Garland’s Word

December 19, 2022 By terrymcginty

Some Parting Thoughts

December 19, 2022 By jconway

Beware the latest grift

December 16, 2022 By fredrichlariccia

Thank you, Blue Mass Group!

December 15, 2022 By methuenprogressive

Recent Comments

  • blueeyes on Beware the latest griftSo where to, then??
  • Christopher on Some Parting ThoughtsI've enjoyed our discussions as well (but we have yet to…
  • Christopher on Beware the latest griftI can't imagine anyone of our ilk not already on Twitter…
  • blueeyes on Beware the latest griftI will miss this site. Where are people going? Twitter?…
  • chrismatth on This site (will be disabled on) December 31, 2022I joined BMG late - 13 years ago next month and three da…
  • SomervilleTom on Geopolitics of FusionEVERY un-designed, un-built, and un-tested technology is…
  • Charley on the MTA on This site (will be disabled on) December 31, 2022That’s a great idea, and I’ll be there on Sunday. It’s a…

Archive

@bluemassgroup on Twitter

#mapoli

headlineoptics Headline Optics @headlineoptics ·
3 Apr

OTR: Diana DiZoglio discusses potential retaliation from Mass. Legislature over audit https://www.masspolicyreport.com/2023/04/03/otr-diana-dizoglio-discusses-potential-retaliation-from-mass-legislature-over-audit/?utm_source=dlvr.it&utm_medium=twitter @masspolicy #MApoli #Massachusetts

Reply on Twitter 1642902408245420032 Retweet on Twitter 1642902408245420032 Like on Twitter 1642902408245420032 Twitter 1642902408245420032
masspolicy MassPolicyReport @masspolicy ·
3 Apr

Mass. Conservatives Win Big in Second MassGOP Caucus: Crush Baker 2.0/Establishment Candidate https://www.masspolicyreport.com/2023/04/03/mass-conservatives-win-big-in-second-massgop-caucus-crush-baker-2-0-establishment-candidate/ #Massachusetts #MApoli #bospoli #MassPolicyReport

Reply on Twitter 1642902143123202050 Retweet on Twitter 1642902143123202050 Like on Twitter 1642902143123202050 Twitter 1642902143123202050
sabadosama Lindsay Sabadosa @sabadosama ·
3 Apr

A huge pleasure to join @RepDylan as he launched the #Massachusetts Friends of UK Legislative Caucus at the home of the @FCDOPeterAbbott. It was wonderful to talk about how we can collaborate to benefit constituents and deepen long-standing ties! #mapoli

2

Reply on Twitter 1642900909020569600 Retweet on Twitter 1642900909020569600 Like on Twitter 1642900909020569600 Twitter 1642900909020569600
theaaholcomb Thea Holcomb @theaaholcomb ·
3 Apr

If you're familiar with #mapoli I have questions for you!

My intern is applying for an internship there - obvs I'm thrilled. 😊 What should she know about how the MA legislature is staffed? What other essential knowledge would you pass along?

Reply on Twitter 1642899676125970436 Retweet on Twitter 1642899676125970436 Like on Twitter 1642899676125970436 1 Twitter 1642899676125970436
masspolicy MassPolicyReport @masspolicy ·
3 Apr

Mounting evidence that the citizens of MA are over taxed https://www.masspolicyreport.com/2023/04/03/mounting-evidence-that-the-citizens-of-ma-are-over-taxed/ #Massachusetts #MApoli #bospoli #MassPolicyReport

Reply on Twitter 1642898875705970690 Retweet on Twitter 1642898875705970690 Like on Twitter 1642898875705970690 Twitter 1642898875705970690
erintiernan Erin Tiernan @erintiernan ·
3 Apr

It's April in #mapoli which means budget season is in full swing. The House will soon pitch a tax relief proposal alongside their 2024 fiscal plan.
- @MBTA staffing shortage cou;d keep trains from running on time
- Auditor DiZoglio won't back down
https://masster-list.com/2023/04/03/massachusetts-house-tax-package-could-be-a-tango-with-healey/

Reply on Twitter 1642898790221770752 Retweet on Twitter 1642898790221770752 1 Like on Twitter 1642898790221770752 Twitter 1642898790221770752
Load More

From our sponsors




Google Calendar







Search

Archives

  • Facebook
  • RSS
  • Twitter




Copyright © 2023 Owned and operated by BMG Media Empire LLC. Read the terms of use. Some rights reserved.