CHANGES AND ADDITIONS TO THE 2014 MASSACHUSETTS LAWYERS DIARY AND MANUAL ®

CHANGES TO THE 2014 MASSACHUSETTS LAWYERS DIARY AND MANUAL
1
CHANGES AND ADDITIONS TO THE
2014 MASSACHUSETTS LAWYERS DIARY AND MANUAL®
SINCE PUBLICATION
The following material supplements the information in the 2014 edition, and includes both
election-related changes and other changes and corrections to the 2014 edition:
Page 20
U.S. DISTRICT COURT
Edward F. Harrington announced that he would assume inactive status effective December 31, 2013.
Page 26
SUPREME JUDICIAL COURT
Chief Justice Roderick L. Ireland announced his retirement, effective July 25, 2014.
Associate Justice Ralph D. Gants has been nominated to be the new Chief Justice (Confirmation
Pending).
Jane Kenworthy Lewis is no longer Clerk of the Commonwealth.
The new Clerk of the Commonwealth is Francis V. Kenneally (formerly First Asst. Clerk-Magistrate
of the Supreme Judicial Court for Suffolk County)
Page 28
THE SUPERIOR COURT
The following are no longer Associate Justices, having retired:
Paul E. Troy
Thomas R. Murtagh
The following are new Associate Justices:
Beverly J. Cannone (Confirmation Pending)
Rosalind H. Miller
Laurence D. Pierce
William F. Sullivan (Confirmation Pending)
LAND COURT DEPARTMENT
Karyn F. Scheier is no longer Chief Justice. She will continue as a Justice.
The new Chief Justice is Judith C. Cutler.
Page 31
DISTRICT COURT DEPARTMENT
Laurence D. Pierce is no longer an Regional Administrative Judge. He is now an Associate Justice of
the Superior Court.
Julieann Herndon is a new Circuit Justice.
Appellate Division of the District Court, Northern District
Laurence D. Pierce is no longer an Associate Justice. He is now an Associate Justice of the Superior
Court.
BOSTON MUNICIPAL COURT DEPARTMENT
Charles R. Johnson is no longer Chief Justice. He will continue as a First Justice.
The new Chief Justice is Robert Ronquillo, Jr.
Rosalind H. Miller is no longer a First Justice. She is now an Associate Justice of the Superior Court.
The following are new Associate Justices:
Debra A. DelVecchio
Serge Georges, Jr.
Lisa A. Grant
Thomas S. Kaplanes
6/12/14
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CHANGES TO THE 2014 MASSACHUSETTS LAWYERS DIARY AND MANUAL
Page 33
MASSACHUSETTS COURTS AND OFFICES BY COUNTY
District Court, Barnstable Division
Charles J. Ardito III (previously Acting Clerk-Magistrate) is now permanent Clerk-Magistrate.
Page 34
District Court, Orleans Division
Lisa F. Edmonds has been nominated to be a Justice of this court (Pending Confirmation).
Page 40
District Court, Fall River Division
John P. Stapleton is a new Justice.
District Court, Taunton Division
Cynthia M. Brackett is a new Justice.
Page 46
Housing Court, Northeast Division
David D. Kerman is no longer a Justice, having retired.
First Asst. Clerk Fairlie A. Dalton has been nominated to be a Justice of this court (Pending Confirmation).
Page 50
Superior Court Department, Franklin County
Effective Feb. 18, 2014, this court moved to a Temporary Courthouse, 101 Munson St., Greenfield
01302. The telephone numbers remain the same.
Probate and Family Court, Franklin Division
Effective Feb. 18, 2014, this court will move to a Temporary Courthouse, 101 Munson St., Greenfield
01302. The telephone numbers remain the same.
Page 51
District Court, Greenfield Division
Effective Feb. 18, 2014, this court moved to a Temporary Courthouse, 101 Munson St., Greenfield
01302. The telephone numbers remain the same.
Page 53
Law Library, Franklin County
Effective Feb. 18, 2014, this library moved to a Temporary Courthouse, 101 Munson St., Greenfield
01302. The telephone numbers remain the same.
Page 61
Housing Court, Northeast Division
David D. Kerman is no longer a Justice, having retired.
The new Justice is Fairlie A. Dalton (formerly First Asst. Clerk).
Page 55
District Court, Holyoke Division
Thomas H. Estes is a new Justice of this court.
Page 58
District Court, Northampton Division
Matthew J. Shea has been nominated to be a Justice of this court (Pending Confirmation).
CHANGES TO THE 2014 MASSACHUSETTS LAWYERS DIARY AND MANUAL
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Page 62
District Court, Cambridge Division
Laurence D. Pierce is no longer a District Court Justice. He is now an Associate Justice of the
Superior Court.
Neil A. Hourihan is a new Justice (Confirmation Pending).
Page 63
District Court, Lowell Division
Laurence D. Pierce is no longer a District Court Justice. He is now an Associate Justice of the
Superior Court.
Page 71
District Court, Brookline Division
Edward F. Savage, Jr. is no longer Acting Clerk-Magistrate. He is now permanent Clerk-Magistrate.
Page 76
District Court, Brockton Division
Edmund C. Mathers is a new Justice.
Page 77
District Court, Plymouth Division
Philip J. McCue is no longer Acting Clerk-Magistrate.
The new Clerk-Magistrate is John D. Fitzsimmons (previouslyActing First Assistant Clerk-Magistrate).
Page 82
Boston Municipal Court Department
Charles R. Johnson is no longer Chief Justice. He will continue as a First Justice.
The new Chief Justice is Robert Ronquillo, Jr.
Rosalind H. Miller is no longer a First Justice. She is now an Associate Justice of the Superior Court.
The following are new Associate Justices:
Debra A. DelVecchio
Serge Georges, Jr.
Lisa A. Grant
Thomas S. Kaplanes
Page 86
District Court, West Roxbury Division
Ann Heffernan is no longer Clerk-Magistrate.
The new Clerk-Magistrate is Sean P. Murphy.
Page 88
Housing Court, Worcester Division
Nickolas W. Moudos is the new Clerk-Magistrate.
District Court, Clinton Division
Dennis P. Sargent (formerly Assistant Clerk-Magistrate of this court)is a new Associate Justice
Page 89
District Court, Fitchburg Division
Christopher P. LoConto is a new Associate Justice.
Page 90
District Court, Uxbridge Division
Assistant Clerk-Magistrate John F. Kennedy has been appointed to be permanent Clerk-Magistrate
(Confirmation Pending).
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CHANGES TO THE 2014 MASSACHUSETTS LAWYERS DIARY AND MANUAL
Page 102
MUNICIPAL DIRECTORY
Boston
Thomas M. Menino is no longer Mayor.
The new Mayor is Martin J. Walsh.
William Sinnott is no longer Corporation Counsel.
The new Corporation Counsel is Eugene L. O'Flaherty.
Page 192
COSTS AND FEES
Fees of the U.S. Court of Appeals
Pursuant to a fee announcement made after the 2014 edition was published, effective December 1,
2013, the fee for filing a Notice of Appeal will increase to $505.00.
Fees of the U.S. District Court
Pursuant to a fee announcement made after the 2014 edition was published, effective December 1,
2013, the fee for retrieval of records from a Federal Records Center, National Archives, will increase to
$64.00 for the first box retrieved and $39.00 per additional box.
Page 193
Federal Post-Judgment Interest Rates
The following are Federal Post-Judgment Interest Rates which took effect after the 2014 edition went
to press:
Aug. 23, 2013 . . . . . . . . . . . . . . . . . . . 0.14%
Jan. 17, 2014 . . . . . . . . . . . . . . . . . . 0.11%
Aug. 30, 2013 . . . . . . . . . . . . . . . . . . . 0.13%
Jan. 24, 2014 . . . . . . . . . . . . . . . . . . 0.11%
Sept. 6, 2013 . . . . . . . . . . . . . . . . . . . . 0.15%
Jan. 31, 2014 . . . . . . . . . . . . . . . . . . 0.11%
Sept. 13, 2013 . . . . . . . . . . . . . . . . . . . 0.13%
Feb. 7, 2014 . . . . . . . . . . . . . . . . . . . 0.12%
Sept. 20, 2013 . . . . . . . . . . . . . . . . . . . 0.11%
Feb. 14, 2014 . . . . . . . . . . . . . . . . . . 0.12%
Sept. 27, 2013 . . . . . . . . . . . . . . . . . . . 0.10%
Feb. 21, 2014 . . . . . . . . . . . . . . . . . . 0.12%
Oct. 4, 2013. . . . . . . . . . . . . . . . . . . . . 0.11%
Feb. 28, 2014 . . . . . . . . . . . . . . . . . . 0.11%
Oct. 11, 2013. . . . . . . . . . . . . . . . . . . . 0.14%
Mar. 7, 2014 . . . . . . . . . . . . . . . . . . . 0.12%
Oct. 18, 2013. . . . . . . . . . . . . . . . . . . . 0.14%
Mar. 14, 2014 . . . . . . . . . . . . . . . . . . 0.12%
Oct. 25, 2013. . . . . . . . . . . . . . . . . . . . 0.11%
Mar. 21, 2014 . . . . . . . . . . . . . . . . . . 0.14%
Nov. 1, 2013 . . . . . . . . . . . . . . . . . . . . 0.11%
Mar. 28, 2914 . . . . . . . . . . . . . . . . . . 0.13%
Nov. 8, 2103 . . . . . . . . . . . . . . . . . . . . 0.11%
Apr. 4, 2014 . . . . . . . . . . . . . . . . . . . 0.12%
Nov. 15, 2013 . . . . . . . . . . . . . . . . . . . 0.13%
Apr. 11, 2014 . . . . . . . . . . . . . . . . . . 0.10%
Nov. 22, 2013 . . . . . . . . . . . . . . . . . . . 0.13%
Apr. 18, 2014 . . . . . . . . . . . . . . . . . . 0.11%
Nov. 29, 2013 . . . . . . . . . . . . . . . . . . . 0.13%
Apr. 25, 2014 . . . . . . . . . . . . . . . . . . 0.11%
Dec. 6, 2013 . . . . . . . . . . . . . . . . . . . . 0.13%
May 2, 2014 . . . . . . . . . . . . . . . . . . . 0.10%
Dec. 13, 2013 . . . . . . . . . . . . . . . . . . . 0.14%
May 9, 2014 . . . . . . . . . . . . . . . . . . . 0.10%
Dec. 20, 2013 . . . . . . . . . . . . . . . . . . . 0.13%
May 16, 2014 . . . . . . . . . . . . . . . . . . 0.09%
Dec. 27, 2013 . . . . . . . . . . . . . . . . . . . 0.13%
May 23, 2014 . . . . . . . . . . . . . . . . . . 0.09%
Jan. 3, 2014 . . . . . . . . . . . . . . . . . . . . 0.13%
May 30, 2014 . . . . . . . . . . . . . . . . . . 0.10%
Jan. 10, 2014 . . . . . . . . . . . . . . . . . . . 0.13%
Pages 193-195
Fees of the U.S. Bankruptcy Courts
Pursuant to two fee announcements made after the 2014 edition was published, effective December 1,
2013 and June 1, 2014, several Bankruptcy Court Filing Fees have changed to access an update fee
schedule, CLICK HERE
Page 254
STATE DEPARTMENTS AND AGENCIES
Depatment of Children and Families
Olga I. Roche is no longer Acting Commissioner, having resigned.
The new Commissioner is Erin Deveney.
CHANGES TO THE 2014 MASSACHUSETTS LAWYERS DIARY AND MANUAL
Page 257
Commission Against Discrimination
Julian T. Tynes is no longer Chair. He has been appointed to another government position.
The new Chair is Jamie R. Williamson. The vacancy on the Commission is subject to appointment.
Page 259
Department of Environmental Protection
Kenneth I. Kimmel is no longer Commissioner.
The new Commissioner is David W. Cash.
State Ethics Commission
Hon. Charles B. Swartwood III is leaving office as Chair.
The newly-appointed Chair is Hon. Barbara Dortch-Okara (Ret.)
Page 262
Division of Industrial Accidents
Philip L. Hillman is resigning as Director effective February 18, 2014. The position is subject to
appointment.
Page 263
Executive Office of Labor and Workforce Development
Joanne F. Goldstein is no longer Secretary.
The new Secretary is Rachel Kaprielian.
Page 265
Registry of Motor Vehicles Division
Rachel Kaprielian is no longer Registrar. She is now Secretary of the Executive Office of Labor and
Workforce Development. The position is subject to appointment.
Page 270
Board of Public Utilities
David W. Cash is no longer a Commissioner. He is now Commissioner of the Department of
Environmental Protection.
The new Commissioner is Kate McKeever (formerly Chief of Staff).
The position of Chief of Staff is subject to appointment.
Page 279
FEDERAL DEPARTMENTS AND AGENCIES
Executive Office of the President
Jay Carney is no longer Press Secretary.
The new Press Secretary is Josh Earnest.
Page 282
Department of Commerce, International Trade Administration
Francisco J. Sanchez is no longer Under Secretary.
The new Under Secretary is Stefan Selig (Confirmation pending).
Page 285
Department of Health, Office of the Surgeon General
Dr. Vivek H. Murthy has been nominated to be the new Surgeon General (Confirmation Pending).
Department of Homeland Security
Janet Napolitano is no longer Secretary of Homeland Security.
The new Secretary of Homeland Security is Jeh C. Johnson
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CHANGES TO THE 2014 MASSACHUSETTS LAWYERS DIARY AND MANUAL
Page 295
Department of Veterans Affairs
Eric K. Shinseki is no longer Secretary of Veterans Affairs.
The new Secretary of Veteran s Affairs is Sloan D. Gibson (Acting).
Page 296
Commodity Futures Trading Commission
Gary Gensler is leaving office as Chair, due to term expiration.
Timothy G. Massad has been nominated to be the new Chair (Confirmation Pending).
Page 300
Federal Reserve System
Janet Yellen is the new Chair.
Page 304
National Transportation Safety Board
Deborah Hersman is no longer Chair
The new Acting Chair is Christiopher A. Hart.
Page 305
Office of Personnel Management
Elaine Kaplan is no longer Director.
The new Director is Katherine Archuleta.
Small Business Administration
Karen G. Mills is no longer Administrator.
The new Administrator is Maria Contreras-Sweet.
Page 309
CONGRESSIONAL DELEGATION
Katherine Clark is the new Representative for the 5th Congressional District, filling the seat vacated
when former Representative Edward Markey was elected to the U.S. Senate.
FEES OF U.S. BANKRUPTCY COURTS
FEES OF U.S. BANKRUPTCY COURTS
Filing and Conversion Fees
To be collected by the clerk in Bankruptcy Code
cases pursuant to 28 U.S.C. §1930 and the
Bankruptcy Court Miscellaneous Fee Schedule
(effective June 1, 2014)
For a case commenced under Chapter 7 of Title 11
(including $75.00 administrative fee and
$15.00 trustee surcharge) ................................. $335.00
For a case commenced under Chapter 13 of
Title 11 (including $75.00 administrative fee).
310.00
For a case commenced under Chapter 9 of Title
11 (including $550.00 administrative fee) ....... 1,717.00
For a case commenced under Chapter 12 of
Title 11 (including $75.00 administrative fee).
275.00
For a case commenced under Chapter 11 of
Title 11 that does not concern a railroad, as
defined in section 101 of Title 11 (including
$550.00 administrative fee)............................. 1,717.00
For a case commenced under Chapter 11 of
Title 11 concerning a railroad, as so defined
(including $550.00 administrative fee)............ 1,550.00
For filing case under Chapter 15 (formerly a petition
ancillary to a foreign proceeding under 11 U.S.C.
§304) (including $550.00 administrative fee)......... 1,717.00
For filing an Adversary proceeding ....................
350.00
For a conversion from Chapter 7 of Title 11 to
Chapter 11 on request of debtor ......................
922.00
For a conversion from Chapter 13 of Title 11 to
Chapter 11 on request of debtor ......................
932.00
For a conversion from Chapter 13 of Title 11 to
Chapter 7 on request of debtor (including
$15.00 trustee surcharge) ..............................
25.00
For a conversion from Chapter 12 of Title 11 to
Chapter 7 on request of debtor (including
$15.00 trustee surcharge)...............................
60.00
For a conversion from Chapter 12 of Title 11 to
Chapter 13 on request of debtor......................
35.00
For splitting of a Joint Chapter 7 case
(including $75.00 administrative fee and
$15.00 trustee surcharge)...............................
335.00
For splitting of a Joint Chapter 11 case
(including $550.00 administrative fee)............ 1,717.00
For splitting of a Joint Chapter 13 case
(including $75.00 administrative fee)..............
310.00
For reopening of a Chapter 7 case (including
$15.00 trustee surcharge)...............................
260.00
For reopening of a Chapter 13 case ....................
235.00
For reopening of a Chapter 9 or 15 case ............. 1,167.00
For reopening of a Chapter 11 case .................... 1,167.00
For filing Notice of Appeal (including docket fee)...
298.00
Addl. fee upon authorization of appeal .....
157.00
For filing a motion to convert a case to Chapter 7
of Title 11 or a notice of conversion pursuant to
Section 1208(a) or Section 1307(a) of Title 11 .....
15.00
Note: Filing fees should also be collected when a
case is reopened except in cases of administrative
error or actions relating to the discharge.
Miscellaneous Fee Schedule
The fees included in this schedule are to be charged for
services provided by the bankruptcy courts.
• The United States should not be charged fees under this
schedule, with the exception of those specifically
prescribed in Items 1, 3, and 5 when the information
requested is available through remote electronic access.
• Federal agencies or programs that are funded from judiciary
appropriations (agencies, organizations, and individuals
providing services authorized by the Criminal Justice Act,
18 U.S.C. § 3006A and bankruptcy administrators) should
not be charged any fees under this schedule.
1. For reproducing any document, $.50 per page. This fee
applies to services rendered on behalf of the United States if
the document requested is available through electronic access.
2. For certification of any document, $11.00. For
exemplification of any document, $21.00.
3. For reproduction of an audio recording of a court proceeding,
$30.00. This fee applies to services rendered on behalf of the
United States if the recording is available electronically.
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4. For filing an amendment to the debtor’s schedules of
creditors, lists of creditors, or mailing list, $30.00, except:
• The bankruptcy judge may, for good cause, waive the
charge in any case.
• The fee must not be charged if:
• the amendment is to change the address of a creditor
or an attorney for a creditor listed on the schedules; or
• the amendment is to add the name and address of an
attorney for a creditor listed on the schedules
5. For conducting a search of the bankruptcy court records,
$30.00 per name or item searched. This fee applies to
services rendered on behalf of the United States if the
information requested is available through electronic access.
6. For filing a complaint, $350.00, except:
• If a trustee or debtor-in-possession files the complaint,
the fee should be paid by the estate, to the extent there is
an estate.
• This fee must not be charged if—
• the debtor is the plaintiff; or
• a child support creditor or representative files the
complaint and submits the form required by § 304(g)
of the Bankruptcy Reform Act of 1994.
7. For filing any document that is not related to a pending
case or proceeding, $46.00.
8. Administrative fee:
• For filing a petition under Chapter 7, 12, or 13, $75.00.
• For filing a petition under Chapter 9, 11, or 15, $550.00.
• When a motion to divide a joint case under Chapter 7,
12, or 13 is filed, $75.00.
• When a motion to divide a joint case is filed under
Chapter 11 is filed, $550.00.
9. For payment to trustees pursuant to 11 U.S.C § 330(b)(2), a
$15.00 fee applies in the following circumstances:
• For filing a petition under Chapter 7.
• For filing a motion to reopen a Chapter 7 case.
• For filing a motion to divide a joint Chapter 7 case.
• For filing a motion to convert a case to a Chapter 7 case.
• For filing a notice of conversion to a Chapter 7 case.
10. In addition to any fees imposed under Item 9, above,
the following fees must be collected:
• For filing a motion to convert a Chapter 12 case to a
Chapter 7 case or a notice of conversion pursuant to 11
U.S.C. § 1208(a), $45.
• For filing a motion to convert a Chapter 13 case to a
Chapter 7 case or a notice of conversion pursuant to 11
U.S.C. § 1307(a), $10.
The fee amounts in this item are derived from the fees
prescribed in 28 U.S.C. § 1930(a).
If the trustee files the motion to convert, the fee is payable
only from the estate that exists prior to conversion.
If the filing fee for the chapter to which the case is
requested to be converted is less than the fee paid at the
commencement of the case, no refund may be provided.
11. For filing a motion to reopen, the following fees apply:
• For filing a motion to reopen a Chapter 7 case, $260.
• For filing a motion to reopen a Chapter 9 case, $1,167.
• For filing a motion to reopen a Chapter 11 case, $1,167.
• For filing a motion to reopen a Chapter 12 case, $200.
• For filing a motion to reopen a Chapter 13 case, $235.
• For filing a motion to reopen a Chapter 15 case, $1,167.
The fee amounts in this item are derived from the fees
prescribed in 28 U.S.C. § 1930(a).
The reopening fee must be charged when a case has been
closed without a discharge being entered.
The court may waive this fee under appropriate
circumstances or may defer payment of the fee from trustees
pending discovery of additional assets. If payment is
deferred, the fee should be waived if no additional assets are
discovered.
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FEES OF U.S. BANKRUPTCY COURTS
Fees of U.S. Bankruptcy Courts—Cont’d
The reopening fee must not be charged in the following instances:
• to permit a party to file a complaint to obtain a
determination under Rule 4007(b); or
• when a debtor files a motion to reopen a case based upon
an alleged violation of the terms of the discharge under
11 U.S.C. § 524; or
• when the reopening is to correct an administrative error.
12. For retrieval one box of records from a Federal Records
Center, National Archives, or other storage location removed
from the place of business of the court, $64.00. For retrievals
involving multiple boxes, $39.00 for each additional box.
13. For any payment returned or denied for insufficient
funds, $53.00.
14. For filing an appeal or cross appeal from a final judgment,
order or decree, $293.00.
• This fee is collected in addition to the statutory fee of
$5.00 that is collected under 28 U.S.C. § 1930 (c) when a
notice of appeal is filed.
• Parties filing a joint notice of appeal should pay only one fee.
• If a trustee or debtor-in-possession is the appellant, the
fee must be payable only from the estate, to the extent
there is an estate.
• Upon notice from the court of appeals that a direct
appeal or cross appeal has been authorized, an
additional fee of $157.00 must be collected.
15. For filing a case under Chapter 15 of the Bankruptcy
Code, $1,167.
This fee is derived from and equal to the fee prescribed in
28 U.S.C. § 1930 (a)(3) for filing a case commenced under
Chapter 11 of Title 11.
16. The court may charge and collect fees commensurate with
the cost of providing copies of the local rules of court. The court
may also distribute copies of the local rules without charge.
17. The clerk shall assess a charge for the handling of registry
funds deposited with the court, to be assessed from interest
earnings and in accordance with the detailed fee schedule
issued by the Director of the Administrative Office of the
United States Courts. For management of registry funds
invested through the Court Registry Investment System, a fee
at a rate of 2.5 basis points shall be assessed from interest
payments.
18. For a motion filed by the debtor to divide a joint case
filed under 11 U.S.C. § 302, the following fees apply:
• For filing a motion to divide a Chapter 7 case, $245.
• For filing a motion to divide a Chapter 11 case, $1,167.
• For filing a motion to divide a Chapter 12 case, $200.
• For filing a motion to divide a Chapter 13 case, $235.
These fees are derived from and equal to the filing fees
prescribed in 28 U.S.C. § 1930 (a).
19. For filing the following motions, $176.00:
• To terminate, annul, modify or condition the automatic stay;
• To compel abandonment of property of the estate
pursuant to Rule 6007(b) of the Federal Rules of
Bankruptcy Procedure;
• To withdraw the reference of a case or proceeding under
28 U.S.C. § 157(d); or
• To sell property of the estate free and clear of liens under 28
U.S.C. § 363(f).
This fee must not be collected in the following situations:
• For a motion for relief from the co-debtor stay;
• For a stipulation for court approval of an agreement for
relief from a stay; or
For a motion filed by a child support creditor or its
representative, if the form required by § 304(g) of the
Bankruptcy Reform Act of 1994 is filed.
20. For filing a transfer of claim, $25.00 per claim transferred.