At Issue & In Focus

AG Coakley Announces Legislative Agenda

Attorney General Martha Coakley today announced the filing of nine bills as a part of her legislative agenda. The series of bills seek to better protect public safety, combat fraud and corruption, and address the foreclosure crisis in Massachusetts. The bills include legislation that would establish standards and require banks to engage in loan modifications when they are financially beneficial to the bank before foreclosing on a property.  The AG’s Office also filed comprehensive human trafficking legislation that would establish human trafficking for sexual servitude or labor as a crime in Massachusetts, one of only five states in the country without human trafficking laws. Additionally, the AG’s Office filed comprehensive economic crime legislation designed to give law enforcement the necessary tools to investigate and prosecute sophisticated criminal activities and enterprises in the 21^st century.  Other bills filed relate to drug trafficking in methamphetamine, corporate manslaughter, dissemination of harmful materials to minors, manufactured housing, metals dealing, and the failure to have workers’ compensation insurance.  To see the full press release, click here.

Open Meeting Law: Public Hearings

On July 1, 2010, the AGO assumed responsibility for the enforcement of the Open Meeting Law (OML) from the state's District Attorneys in accordance with Chapter 28 of the Acts of 2009.  Our office is committed to ensuring that the changes to the OML will provide for greater transparency, clarity and consistency--all of which are the hallmarks of good government. As part of the implementation process, our office promulgated regulations as emergency regulations on July 1st.  At least one public hearing is required by law before the emergency regulations become final.  

Beginning on Thursday, August 5th, the AGO will hold four public hearings in regions throughout the Commonwealth to receive comments on the new OML regulations.  

The hearings are scheduled as follows:

Boston:  Thursday, August 5, 2010 from 1:00 p.m. to 4:00 p.m. at the McCormack Building, One Ashburton Place, 21st Floor, Boston, MA  02108

Worcester: Monday, August 9, 2010 from 1:00 p.m. to 4:00 p.m. at 90 Front St., Worcester, MA  01608

Springfield: Tuesday, August 10, 2010 from 4:00 p.m. to 7:00 p.m., at the Office of the Attorney General, 1350 Main St., 4th Floor, Springfield, MA 01103

New Bedford: Wednesday, August 11, 2010 from 4:00 p.m. to 7:00 p.m., at University of Massachusetts Dartmouth, College of Visual and Performing Arts, 715 Purchase Street, New Bedford, MA  02740

Our office looks forward to robust participation by the public at the hearings.   We will continue to accept written public comments on the regulations until August 18th.  For additional information on the Open Meeting Law, including the regulations and hearings, please visit:  www.mass.gov/ago/openmeeting.

DOMA Decision Reached

Last Thursday, the Attorney General’s Office won a landmark decision that struck down Section 3 of DOMA. Today, same-sex wedded couples in Massachusetts will immediately be eligible for over 1,100 federal benefits that they were previously ineligible for due to this discriminatory and unprecedented law which defines marriage as a union between one man and one woman.  This is the first time a successful challenge to the Spending Clause of the Constitution has been brought and only the third time that a successful 10th amendment challenge was brought.

The decision, issued late yesterday by Judge Joseph L. Tauro also distinctly gives Massachusetts the right to regulate marriage among its citizens so that it no longer has to operate under a federally created caste system of first and second class marriages. Judge Tauro wrote in his ruling that “DOMA set the Commonwealth on a collision course with the federal government in the field of domestic relations.” Judge Tauro also wrote that because the federal government attached unconstitutional conditions to the receipt of federal funding, it exceed the scope of its authority. Massachusetts was the first of five states to marry same-sex couples.

Saluting Our Everyday Patriots

Submitted by Attorney General Martha Coakley, the former Middlesex District Attorney and current Attorney General of the Commonwealth

I was juror #6 on panel #20 with eighty other prospective jurors on a Friday in June at the Middlesex Superior Court in Woburn.

Greeting court officers with whom I worked as an Assistant District Attorney and District Attorney for over 20 years, I took my seat for the instructions and introductions given to all members of the jury pool.

By 10 o’clock, we had gone upstairs to Courtroom 570.  After many questions to us, Judge Fahey started to seat jurors in the box.  Seats one, two and three were filled.  My number was called next.  At sidebar, I told all parties and the Judge that I had no knowledge of the pending criminal case, and had not formed an opinion, but that I did know the prosecutor and several of the witnesses.  Although I was ready to serve, the judge found that it would not be appropriate to seat me as a juror in this case.

I was reminded that day of the hundreds of citizens who are called to serve and who do serve every day on our trial juries and grand juries.  Usually anonymously, our citizens give their time, judgment, and opinions to follow the facts and apply the law in countless investigations and trials across the Commonwealth.

With our Constitution and the Bill of Rights, the right to a “jury of peers” has had a tremendous impact on both prosecutors, who must prove a case beyond reasonable doubt, and on defendants, whose right to be presumed innocent must be protected.  Often, a case may plea right before empanelment, but only because jurors are there.  We balance free press and fair trial. We sequester juries and we ask them to review often disturbing evidence, particularly in violent cases. 

For all of its imperfections, our jury system works only because of the engagement and participation of those who serve in our juries.

I have represented the Commonwealth and victims of crimes before juries for many years as a prosecutor. It is often a difficult experience to those victims, defendants, and their families who must put their lives in the hands of a group of fellow citizens whom they have never met. But I have always been impressed at the thoughtfulness, intelligence, and sense of responsibility that jurors feel to listen impartially to the evidence and render a fair and just verdict.  It is a living testament to the spirit our Constitution’s framers felt when they guaranteed the right to a jury trial for all of our citizens. 

Thomas Jefferson once wrote, "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution."

As we commemorate July 4th, as we celebrate Mr. Jefferson’s and our country’s great Declaration of Independence, and as we pray for our troops to be safe at home and overseas, we also should salute those everyday citizens who demonstrate their patriotism by serving as jurors to safeguard our democracy.  

AGO Takes Over Enforcement of Open Meeting Law

As of July 1, the AGO took over the enforcement of the Open Meeting Law, G. L. c.30A §§ 18-25. This change, which was part of the 2009 Ethics Reform Bill, set up a Division of Open Government to provide training, respond to inquiries, investigate complaints, and when necessary, make findings and take remedial action to address violations of the Law.

The purpose of the Open Meeting Law is to ensure transparency in the deliberations upon which public policy is based.  Because the democratic process depends on the public having knowledge about the considerations underlying governmental action, the Open Meeting Law requires, with some exceptions,  that most meetings of governmental bodies be held in public.  

The Regulations as well as a Guide can be found on the Attorney General’s Open Meeting website.  For questions on the Open Meeting Law, or to report a violation of the law by a state board, commission, or committee, please contact the AGO  at (617) 963-2540.

Money Matters: Student Loans

This is the first in a series of blog posts about money matters. Today's edition discusses student loans.

For many parents and students, affording a college education is becoming increasingly difficult.  Whether it is looking towards graduation and thinking about how to pay off loans, or it is an interest in obtaining a loan now, it is important to understand the options in the loan market. While every loan is different, they are all similar in that loans are borrowed money that must be paid back, with interest, upon leaving school or completing an education.  The most significant variation between loans is the source of the money: loans are either public and come from the federal government, or are private and are funded by private companies or corporations.

When beginning the loan process, the first step is to check eligibility for a public loan.  Public loans are often preferable because they have low interest rates which are set and capped by the federal government.  To check public loan eligibility, fill out a Free Application for Federal Student Aid, which can be done on the FAFSA website.  If qualification for public loans does not exist, then begin the application process for private loans, which are available through most banks and lending agencies. 

Repayment of loans usually begins six or nine months at the end of an education, whether upon graduation or simply leaving school early.  It is important to stick to the repayment schedule and to make the payments in full and on time.  If loan repayments are not made in full and on time, this may result in a default on loans, which will have serious and long-term consequences.  Bad credit early on in life could have negative implications on future decisions, such as purchasing a car or a home.  For public loans received during school, there is the option to consolidate different types of federal loans in order to simplify the repayment process.  Loan consolidation offers benefits such as a fixed interest rate and the opportunity to make only one payment per month.  For more information on loan consolidation and to apply for a Direct Loan Consolidation, visit www.loanconsolidation.ed.gov.

Repayment Plan	Description
Standard	Pay a fixed amount each month for ten years
Graduated	Payments start out low in the beginning of ten year payment period and gradually increase
Extended	Payments are extended beyond standard pay period, usually 12-30 years
Income-sensitive	Monthly payments are adjusted depending on annual income

Open Meeting Law Changes – Request for Comment

The Open Meeting Law was recently revised as part of the 2009 Ethics Reform Bill, and will centralize responsibility for state-wide enforcement of the law in the Office of the Attorney General.  The effective date of the revised law is July 1, 2010. Historically, the Attorney General has enforced  the Open Meeting Law applicable to state governmental bodies.  Local District Attorney's Office's were responsible for enforcement of the laws relative to cities, towns, and counties. 

Among the changes that become effective July 1, 2010, the Open Meeting Law, G.L. c. 30A, § 19(c),  will require that, for local public bodies, “notice of public meetings must be filed with the municipal clerk and posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located.”  The law does not specify the ways in which cities and towns can satisfy this requirement, but an outdoor, weather-proof bulletin board would seem the most obvious means.  Concerned about their practical ability to post numerous meeting notices outdoors, many municipalities have requested that the Attorney General approve alternative notice posting methods as allowed by the Open Meeting Law.  Specifically, numerous municipalities have requested that they be permitted to satisfy the “at all hours” requirements by posting their meeting notices on their town websites.

The AGO, through its Division of Open Government is requesting public comment on proposed alternatives to the notice posting requirement in the Open Meeting Law.  Comment should be submitted by April 23, 2010.

Student Government Day: Friday April 9, 2010

Today, over 440 students from Massachusetts public and private high schools participated in the 63rd Annual Student Government Day held at the State House. In addition to providing the event’s keynote address, Attorney General Martha Coakley spent some time talking with Student Attorney General Teresa Rivera, of Oxford High School, about her time as Attorney General for the Commonwealth.

Attorney General Coakley’s keynote address focused on what it means to be an active citizen in a democracy including being aware of current events, accepting a responsibility to help others and contributing to improving the quality of life of those less fortunate. She encouraged students to “stick their necks out” by speaking up if they saw someone being bullied and also encouraged them to volunteer for causes that they believed in.

The annual event is designed to teach students about the structure of state government, strengthen their understanding of the rights and responsibilities of living in a democracy and help them become more engaged citizens. In order to participate, students took out nomination papers, ran campaigns, participated in debates and ran for “office” while their fellow students cast votes in a student government election. Those who were elected served for one day as student state senators, representatives, constitutional officers, and justices of the Supreme Court.

To see photos from today’s event, please visit the AGO Flickr page.

Black History Month Tribute: Edward William Brooke, III

The same year Martin Luther King gave his historic “I have a dream speech” and hundreds of thousands marched in Washington DC in the name of civil rights, Massachusetts swore in Edward William Brooke, III, as its 39th Attorney General. Brooke made history as the first African American elected to higher office in Massachusetts and would also make history in 1967 when he became the first African American to be elected by popular vote to the U.S. Senate. Brooke would remain the only person of African heritage sent to the Senate in the 20th century until Democrat Carol Moseley Braun in 1993.

On the role of his race in his life, Brooke told the Boston Globe in 2000: “I've never tried to run away from my race. I was born a black man. You know that in your bones as soon as you are able to understand this country. ... My approach to life about race is I don't see the difference between black people and white people. I wanted to go to Washington to bring people together who had never been together before. I wanted to break down the barriers between races."

In the senate, Brooke was known as a tireless advocate against discrimination in housing and on behalf of affordable housing. As Attorney General, Brooke made his mark as a vigorous prosecutor against organized crime.

“The election of Edward Brooke first as Attorney General and then as senator is a part of our state’s history we can all be proud of. Senator Brooke’s leadership and his legacy as a tireless housing advocate who dedicated much of his public service to creating more housing opportunities for low income citizens still lives on today in federal programs that continue to help people. As we celebrate, honor and reflect on the heroes of the civil rights movement during Black History Month, Senator Brooke is a natural choice to honor and pay homage to,” said Attorney General Martha Coakley.

Brooke continued to work as a lawyer after he left the senate and has been honored many times for his public service.  Brooke is 90-years-old and lives with his family in Florida.

New FTC Rules on Robocalls: September 1

Back in April, At Issue & In Focus featured a blog post about new FTC regulations for “robocalls,” or recorded telemarketing messages placed by automatic dialing announcing devices. As we shared with you:

The new rules require that telemarketers may only send prerecorded sales pitches to people who have provided "prior express written agreement to receive such calls."  There are some exceptions to the new rules.  Health care-related calls (including reminders to pick up your prescription or keep your dentist appointment) are still allowed, as are fundraising calls from nonprofit charitable organizations. The fundraising calls must include an automated opt-out, however.

The new rules take effect on Tuesday, September 1, 2009.  To learn more about the specifics of these rules, visit the Automated/Prerecorded Telemarketing Calls section of the AGO website, or visit the FTC website.