New England Public Radio

SJC Remains Without Western Mass Justice After Baker’s Latest Pick

The Massachusetts Supreme Judicial Court will go at least a little longer without having a justice from the western part of that state. Governor Charlie Baker’s latest pick, Ellie Cypher, lives in Bristol County.

Since Pittsfield native Francis Spina retired from the SJC last summer, there haven’t been any justices from Massachusetts’ four western counties.

Kevin Maltby, president of the Hampden County Bar Association, said geographic diversity at the state’s highest court is important.

“There can be different cases hailing from different parts of the commonwealth and having regional diversity allows the court to a representative of the entire commonwealth, and to provide certain insight and aspects into each case,” Maltby said.

Governor Baker still has one more retiring justice to replace this year, the fifth of his term. Justice Geraldine Hines is scheduled to retire in October.

Mass. High Court: No Attorney Needed Before Breathalyzer

The Massachusetts Supreme Judical Court has ruled a Lenox woman charged with drunk driving in 2012 did not have the right to talk to an attorney before taking a breathalyzer test.

In its written opinion, the SJC agrees with Berkshire County prosecutors: That the right to an attorney begins at so-called “critical stages” of the judicial process, such as when a formal charge has been made or at various court hearings.

Defense attorney Elizabeth Quigley argued a breathalyzer test should also be considered a critical stage, since a person can be convicted of drunk-driving in Massachusetts with a reading of .08 or higher.

Reacting to the opinion, Berkshire District Attorney David Capeless says the ruling prevents what could have been a roadblock to prosecution.

“It avoids what could be some very troublesome practical situations, Capeless said.” “The whole concept of getting a hold of attorneys because taking a breath test is very time sensitive, after a certain amount of time they can’t give a test.”

The woman has not yet been convicted; the justices sent the case back to District Court.

WBUR’s Jonathan Cain contributed to this report.

High Court Hears Arguments in Lenox Drunk Driving Case

The Massachusetts Supreme Judicial Court heard arguments Thursday about a Lenox woman charged with drunk driving. Her attorney argued the woman should have had the chance to speak with an attorney before taking a breathalyzer test.

In 2012, Timothea Neary-French was arrested for drunk driving and had a breathalyzer reading over the legal limit in Massachusetts. Her attorney, Elizabeth Quigley, wants the results thrown out, saying Neary-French should have been able to call her lawyer first.

Prosecutors have said such a requirement would delay testing, producing stale and inaccurate results. But Quigley said other states, including New York and Vermont, allow for short windows for an attorney-client conversation.

“You can find that balance,” Quigley said. “You can cut through what I would call the ‘Gordian Knot’ of complications and slice through it all, and create a remedy here.”

But logistics were clearly on the minds of the justices. They pressed Quigley about who would pay for an attorney if the driver can’t afford one. The response?

“If they don’t have funds, I don’t know what to say about that, but I don’t think that should be a reason why they don’t have the right,” Quigley said.

Justice Margot Botsford shot back.

“If there’s a right that has to be recognized that people without funds…the state is going to pay for it,” Botsford said.

Prosecutors have argued that no attorney-client conversation in necessary because taking a breathalyzer test is not a so-called “critical stage” in the criminal process.

“You still have to meet all of the other elements of operating under the influence that the person was indeed operating that vehicle, that it indeed was a public way,” Berkshire County Assistant District Attorney Joseph Coliflores said. “The 0.08 [blood alcohol level] itself, standing alone, does not lead to a conviction.”

This question was taken up by the SJC after a district court judge in Great Barrington asked for a higher court ruling.

Mass. SJC To Consider Phone Calls To Attorneys Before Breathalyzer Tests

Should those suspected of drunk driving be able to speak with an attorney before deciding to take a breathalyzer test? That’s the question that will go before the Massachusetts Supreme Judicial Court next week.

The case at hand is a 2012 drunk-driving arrest in Lenox. Years before the state Legislature changed the law, so a breathalyzer test of .08, would be enough evidence on its own for a conviction. In legal filings, the attorney for Timothea Neary-French argues this change made the test a so-called “critical stage” in the criminal process–and that her client should have had the right to speak with an attorney first.

The Berkshire County District Attorney’s office counters that the Legislature didn’t intend to make a breath test a critical stage. They also say a delay in administering tests could produce stale and inaccurate results.

Springfield Courthouse Could Be Renamed For Former Justice Ireland

The Hampden County Hall of Justice might soon be renamed for Springfield native Roderick Ireland, the first African-American justice on the Massachusetts Supreme Judicial Court.

Governor’s Councilor Mike Albano sent a letter to state Rep. Benjamin Swan back in April. He was pushing for the Springfield courthouse to carry the name of the now retired Chief Justice Ireland. Albano hopes the legislation will bring more than just a new name for the building, which is plagued by maintenance problems.

“As someone who is distinguished as Chief Justice Ireland is, you have a courthouse named after him, I’m hopeful that it’ll move the legislature and the governor for either a total rehab of the Hampden County Hall of Justice or a new courthouse, which is what I believe the county needs,” Albano says.

Rep. Swan introduced the bill to rename the courthouse this week. Albano says he’s confident it’ll move quickly through the legislature.

Mass. High Court Considers Health Insurance Costs Of Retired Franklin County Principal

Massachusetts’ highest court on Tuesday considered the question of when a town can refuse to pay for a retiree’s healthcare.

Charlene Galenski worked in Franklin County public schools for four decades – in the Mohawk Regional schools, in Deerfield and finally as a principal in Erving.

But when she retired, Erving refused to pay any part of her health insurance because she’d only worked there for six years, leaving Galenski to pay 100 percent of her health premiums.

“Why should it be the employee, rather than the town, who takes it in the chin?” Supreme Judicial Court Justice Barbara Lenk asked during oral arguments.

Lenk pointed out the town of Erving could have picked up its share of the premium, and billed the other school districts for their portions.

But the town’s lawyer says that would put a significant administrative burden and cost on the last municipality in an employee’s career.