Who's Who at the Board of Bar Overseers


Barbara C. Johnson
Who's Who at the Board of Bar Overseers
Thu Dec 4 20:49:45 2003
64.140.158.232

-------- Original Message --------
Subject: Who's Who at the Board of Bar Overseers
Date: Thu, 04 Dec 2003 18:36:46 -0500
From: "Barbara C. Johnson" - barbaracjohnson@worldnet.att.net


Who's Who at the Board of Bar Overseers (BBO):
The People People Have Been Asking About

Michael Fredrickson, General Counsel
Board of Bar Overseers
75 Federal Street
Boston, MA 02110
617-728-8750

M. Ellen Carpenter, Esq.
Chair, Board of Bar Overseers
Roach & Carpenter, P.C.
24 School St.,
Boston, MA 02108
"M. Ellen Carpenter"
"M. Ellen Carpenter, Chair of the Board"
"M. Ellen Carpenter"
"M. Ellen Carpenter"

Thomas E. Peisch, Esq.
Board Member, Board of Bar Overseers
Conn Kavanaugh Rosenthal Peisch & Ford,LLP
Ten Post Office Sq, Ste 400
Boston, MA 02109
tpeisch@ckrpf.comm
617-482-8200

Mark I. Berson, Esq.
Board Member, Board of Bar Overseers
Levy Winer & Berson,PC
PO Box 1538
One Federal
Greenfield, MA 01302
mberson@levywiner.com

James Re, Esq.
Board Member, Board of Bar Overseers
Sally & Fitch
225 Franklin St.,
Boston, MA 02110
jbr@sally-fitch.com

Alan Rose, Esq.
Board Member, Board of Bar Overseers
Rose & Associates
29 Commonwealth Ave.,
Boston, MA 02116
adr@rose-law.net

Janet Kenton-Walker, Esq.
Board Member, Board of Bar Overseers
Klieman, Lyons, Schindler & Gross
21 Custom House,
Boston, MA 02110
617-443-1000, ext 211


Prof. Constance L. Rudnick
Board Member, Board of Bar Overseers
Massachusetts School of Law
500 Federal St.,
Andover, MA 01810
rudnick@mslaw.edu

Carol Wagner, Esq.
Asst. General Counsel, Board of Bar Overseers
75 Federal St.,
Boston, MA 02110
Carol Wagner (She was the woman sitting next
to
Special Hearing Officer Herbert P. Phillips. She was his "counsel.")

June Risk (Admin. Assistant)
75 Federal Street
Boston, MA 02110
617-728-8750

Herbert P. Phillips, Esq.
(Special Hearing Officer, BBO)
Phillips Gerstein Holber & Channen
25 Kenoza Avenue
Haverhill, MA 01830
978-374-1131


Daniel C. Crane, Esq.
Bar Counsel, Office of Bar Counsel
Board of Bar Overseers
75 Federal St.,
Boston, MA 02110
617-728-8750


Susan Strauss Weisberg
Asst. Bar Counsel, Office of Bar Counsel (same address as BBO)
Acting prosecutor
617-728-8750



"Christine M. Roach, Esq."
Roach & Carpenter,PC
8th Floor
24 School
Boston, MA 02108

Christine Roach is member of State Commission on Ethics.
She is Ellen Carpenter's partner.
Both Carpenter and Roach are former partners of Judge Hagerty, Judge
Kern, and
SJC Judge Sosman

Governor Mitt Romney
State House
Beacon Street
Boston, MA
617-425-4000

Daniel Winslow, Esq.
Chief Legal Counsel or Legal Advisor to the Governor
617-425-4000

-------------------------------

Searched the web for Board of Bar Overseers.


Rules of the Board of Bar Overseers
... RULES OF THE BOARD OF BAR OVERSEERS. ... BOARD: The Board of Bar Overseers
as appointed from time to time by the Supreme Judicial Court. ...
http://www.state.ma.us/obcbbo/bborules.htm

CHAPTER 1. GENERAL PROVISIONS

Section 1.1 Title

These rules shall be known and may be cited as the "Rules of the Board of Bar Overseers", and are hereby promulgated pursuant to Supreme Judicial Court Rule 4:01, Section 5(3)(h).

Section 1.2 Definitions

Subject to additional definitions contained in subsequent provisions of these Rules, the following words and phrases shall have, unless the context clearly indicates otherwise, the meanings given to them in this section.

ADMINISTRATOR: The Administrator as established by Section 5.5 of these Board Rules.

BAR COUNSEL: Bar Counsel or Bar Counsel’s designee.

BOARD: The Board of Bar Overseers as appointed from time to time by the Supreme Judicial Court.

BOARD CHAIR: The Chair of the Board of Bar Overseers.

BOARD RULES: The provisions of the Rules of the Board of Bar Overseers of the Commonwealth of Massachusetts. Also referred to as "these Rules."

CHARGING MEMORANDUM: A confidential memorandum prepared by Bar Counsel solely for the consideration of a Reviewing Board Member when discipline is recommended which describes the investigation undertaken, the disciplinary charges to be brought, the facts uncovered by the investigation which support the charges, the respondent's disciplinary history, if any, and Bar Counsel’s reasons for recommending that discipline be imposed.

COMPLAINANT: Any person who has filed a grievance or formal complaint.

COMPLAINT: As used in Supreme Judicial Court Rule 4:01 shall mean, for purposes of these Rules, a grievance or formal complaint.

COURT: Supreme Judicial Court of the Commonwealth of Massachusetts.

DISCIPLINARY DISTRICT: One of the six districts into which this Commonwealth is divided for disciplinary purposes as set forth in Section 2 of S.J.C. Rule 4:01.

DISCIPLINARY RULES: S.J.C. Rules 3:07, 3:08 and Chapter 4.

FORMAL COMPLAINT: A grievance that has been docketed as a formal complaint pursuant to Section 2.4 of these Rules.

FORMAL PROCEEDING: A proceeding subject to Chapter 3 of these Board Rules.

GRIEVANCE: A statement of alleged misconduct or request for investigation filed with the Board or Bar Counsel pursuant to Sections 2.1 through 2.4 of these Rules.

HEARING COMMITTEE: A hearing committee appointed by the Board under Section 5(3)(c) of S.J.C. Rule 4:01. Unless otherwise provided herein, the words "hearing committee" used throughout this rule shall also mean a hearing panel or a special hearing officer.

INFORMATION: Proceedings filed by the Board in the Supreme Judicial Court in any case where disbarment or suspension of a lawyer is sought or recommended or when a lawyer or Bar Counsel has appealed from a Board decision to administer a public reprimand or admonition or to dismiss a case.

INVESTIGATION: Inquiry into facts under the direction of Bar Counsel or the Board with respect to alleged misconduct or to reinstatement.

NOTARIAL OFFICER: An officer authorized under Section 4.9 of these Rules to take depositions for use before a hearing committee, hearing panel, or special hearing officer.

PARTIES: The parties to a proceeding under these Rules are Bar Counsel and the respondent.

PETITION FOR DISCIPLINE: A formal pleading filed by Bar Counsel with the Board requesting disciplinary action by the Board under the Disciplinary Rules, or Supreme Judicial Court Rule 4:01.

PROOF OF SERVICE: A certificate of service complying with Sections 3.11 and 3.12 of these Board Rules.

RESPONDENT OR RESPONDENT ATTORNEY: A lawyer admitted to or engaging in the practice of law in this Commonwealth or any lawyer specially admitted by a Court of this Commonwealth for a particular proceeding, who in either case is alleged to have been guilty of misconduct in a grievance or formal complaint. In a reinstatement proceeding the term shall also include the lawyer or former lawyer seeking reinstatement.

REVIEWING BOARD MEMBER: A member of the Board who has been designated by the Board Chair to review recommendations submitted by Bar Counsel.

SPECIAL HEARING OFFICER: A lawyer appointed by the Board to hear charges of misconduct when, in view of the anticipated length of the hearing or for other reasons, the Board determines that a speedy and just disposition would be better accomplished by such appointment than by referring the matter to a hearing committee or panel of the Board.



CHAPTER 2. INVESTIGATIONS AND INFORMAL PROCEEDINGS


SUBCHAPTER A. PRELIMINARY PROVISIONS

Section 2.1 Initiation of Investigations

(a) At Direction of Board. Upon the order of the Board, Bar Counsel shall undertake and complete an investigation of the conduct of any lawyer as may be specified in the order.

(b) By Bar Counsel (1) Bar Counsel shall undertake and complete an investigation of all matters involving alleged violations of the Disciplinary Rules filed in accordance with Section 2.2 of these Rules, provided that Bar Counsel need not entertain any grievance arising out of acts or omissions occurring more than six years prior to the date of the grievance.

(2) Bar Counsel may undertake an investigation of any conduct by a lawyer which may violate the Disciplinary Rules.

Section 2.2 Contents of Grievance

Each grievance relating to alleged misconduct of a lawyer shall be in writing and signed by the complainant and shall contain a brief statement of the facts upon which the grievance is based. Verifications of the grievance shall not be required. If necessary, Bar Counsel will assist the complainant in reducing the grievance to writing.

Section 2.3 Distribution of Grievance Forms

Bar Counsel shall furnish forms to each person who requests one. Such forms also may be made available to the public through the offices of the clerks of court in each county and through such other offices as may be designated by the Board.

Section 2.4 Preliminary Screening and Filing of Grievance

Grievances against the bar counsel, assistant bar counsel or any member of the Board involving alleged violations of the Disciplinary Rules shall be submitted directly to the Board for disposition pursuant to Section 5.6(c)(2) of these Rules. All other grievances shall be assigned a file number consisting of the letter "B" or "C", the number of the disciplinary district, the last two digits of the calendar year in which the matter is filed, and the serial number of the matter in such calendar year, e.g., B1-97-1; Cl-97-2.

Matters under investigation shall be initially docketed as grievances and labeled "B" unless (1) the matter appears to be grave, or (2) the lawyer complained of has been previously disciplined; or (3) the lawyer is the respondent in a petition for discipline; or (4) a formal complaint has been filed against the lawyer for a similar offense. In those cases the matter may be docketed as a formal complaint and labeled "C" at the sole discretion of Bar Counsel.

At any time during the pending of any investigation Bar Counsel, in his or her sole discretion, may redocket a grievance as a formal complaint for any of the following reasons:

(1) the matter appears to be grave,

(2) the lawyer complained of has been previously disciplined,

(3) the lawyer is the respondent in a petition for discipline,

(4) a formal complaint has been filed against the lawyer for a similar offense,

(5) the lawyer has failed to cooperate in the investigation of the matter,

(6) there is sufficient evidence of misconduct of the lawyer to justify treating the matter as a formal complaint.

Section 2.5 [Reserved]

Section 2.6 Notification to Respondent

Before making a recommendation of admonition, public reprimand by agreement or prosecution of formal charges as provided in Sections 2.7(a)(2)(B), 2.7(a)(2)(C) or 2.7(a)(2)(D) of these Rules, Bar Counsel shall forward to the respondent a request for a statement of the respondent's position, notifying the respondent of:

(1) the nature of the grievance or complaint, and, if the investigation has been initiated by the filing of a written grievance and unless Bar Counsel determines otherwise for good cause, the name and address of the complainant;

(2) the respondent's right and obligation to state his or her position with respect to the allegations against him or her within 20 days from the date of such notice unless a shorter time is fixed by Bar Counsel in such notice, and

(3) the fact that a copy of the respondent's reply to the grievance may be forwarded to the complainant.

Failure of the respondent to cooperate with Bar Counsel's request and any subsequent investigation may result in disciplinary action or administrative suspension under Supreme Judicial Court Rule 4:01, Section 3.

Section 2.7 Bar Counsel's Recommendation

Following completion of any investigation of the grievance or formal complaint which he or she deems appropriate and after consideration of any statement of position filed by the respondent, Bar Counsel may take any one of the following actions:

(1) Grievances. If the matter has not been docketed as a formal complaint pursuant to Section 2.4 of these Rules, Bar Counsel may close the grievance and notify the complainant and the respondent that the grievance has been closed.

(A) Bar Counsel’s notice to the complainant shall include a letter from the Board advising the complainant that he or she has a right to request review of the decision to close the grievance by a member of the Board and that such request must be made in writing no later than 14 days after the date of the notification by Bar Counsel. Bar Counsel's notice may include, if appropriate, information concerning other forums for consideration of the grievance (as specified in paragraph (a)(2)(E) of this section).

(B) If the complainant requests review of the closing of a grievance under this section, Bar Counsel shall transmit the file to the Board for review pursuant to Section 2.8 of these Rules.

(2) Formal Complaints. If the matter has been docketed as a formal complaint pursuant to Section 2.4 of these Rules, Bar Counsel may recommend to the Board:

(A) that the formal complaint be dismissed; or

(B) that an admonition be administered in those cases in which a violation of the Disciplinary Rules is found which is determined to be of insufficient gravity to warrant the prosecution of formal charges; or

(C) that formal discipline be imposed by agreement; or

(D) that formal charges be prosecuted; or

(E) that the matter be closed after adjustment, informal conference, or reference to a bar association for mediation.

Section 2.8 Review of Bar Counsel's Recommendation

(a) Recommendation Other Than That Formal Charges Be Prosecuted.

(1) Bar Counsel shall submit to a Reviewing Board Member, along with the file, any request from a complainant for review of Bar Counsel's determination to close a grievance pursuant to Section 2.7(1)(B) of these Rules or Bar Counsel's recommendation that a complaint be dismissed or that an admonition be administered. When Bar Counsel's recommendation is to administer an admonition, Bar Counsel shall prepare and provide to the Reviewing Board Member a charging memorandum.

(2) The Reviewing Board Member may adopt, reject, or modify Bar Counsel's recommendation. If the Reviewing Board Member modifies or rejects the recommendation of Bar Counsel, he or she shall set forth this determination and the reasons therefor on the recommendation form. The Reviewing Board Member may confer with Bar Counsel in making his or her determination.

(b) Recommendation That Formal Charges Be Prosecuted (No Agreement).

(1) Bar Counsel's Recommendation. When the prosecution of formal charges is recommended pursuant to Section 2.7(2) (D) or when Bar Counsel seeks to amend a previously approved petition for discipline by adding or deleting charges, Bar Counsel shall prepare a petition for discipline or an amended petition for discipline and a charging memorandum or revised charging memorandum.

(2) Transmission of File. Bar Counsel shall forward to the Reviewing Board Member the documents set forth in section (b)(1) and the file.

(3) Standard of Review. In reviewing a recommendation to prosecute formal charges or to add or delete previously approved charges, the Reviewing Board Member shall make a determination

(A) whether the charging memorandum or revised charging memorandum supports the charges in the petition for discipline or the amended petition for discipline, and, if applicable, whether the revised charging memorandum adequately justifies the deletion of previously approved charges, and

(B) whether, if the charges in the petition for discipline or amended petition for discipline were to be proved by a preponderance of the evidence, the case would warrant public discipline.

(4) Action by Reviewing Board Member. The Reviewing Board Member may approve, modify, or reject Bar Counsel's r



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