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 2 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 3 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). 4 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 5 6 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. 1 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. 2 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.
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