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News
For recent cases (civil & criminal) of note, see Case Law
MHLD ORGINIZATION CHART
January 19, 2012
Karen Talley appointed Interim Director of Mental Health Litigation Division.
January 3, 2012
Posting: Regional Coordinator contracts.
December 7, 2011
Suffolk County & McLean Hospital Commitment Unit Opens
November 28, 2011
Division Staffing Changes
October 6, 2011
Posting: Staff Attorney
August 3, 2011
"Clinical Aspects of
Mental Illness
and Treatment" scheduled
July 20, 2011
Important message concerning Mental Health Litigation Division Restructuring
July 13, 2011
FYI: Attorney Tamara Barney has been selected as the third (and final) staff attorney for the Bridgewater Commitment Unit. Tamara will join Bob Weber and his crew on September 1st.
May 3, 2011
Minimum-Assignment Policy repealed; "Specialization" Policy revised.
April 26, 2011
FYI: Attorneys Joe Robinson and Dan Morse have been selected as staff attorneys for the Bridgewater Commitment Unit.
March 7, 2011
SJC: Commitment hearings presumptively open to the public (see memo). Kirk v. Commonwealth
February 3, 2011
Posting: Staff Attorneys, Bridgewater State Hospital Commitment Unit.
January 31, 2011
Robert Weber appointed Attorney-in-Charge of Bridgewater Commitment Unit.
January 28, 2011
The "Paul J. Liacos Mental Health Advocacy Award" is presented annually to a public defender or private attorney whose legal advocacy on behalf of indigent persons involved in civil and/or criminal mental health proceedings best exemplifies zealous advocacy in furtherance of all clients’ legal interests. The 2011 Liacos Award will be presented on May 19th at the CPCS Annual Conference. Nominations now being accepted.
January 26, 2011
Appellate Division, Northern District, interprets "superintendent" for purposes of filing commitment petitions under G.L. c. 123,
§ 7. Bayridge Hospital v. Jackson.
December 23, 2010
Important Appellate Division decision re "commencement" of and client attendance at commitment hearings. Melrose-Wakefield Hospital v. H.S.
December 6, 2010
Posting: Regional Coordinator contracts.
December 3, 2010
Posting: Attorney-in-Charge, Bridgewater State Hospital Commitment Unit.
November 4, 2010
Certification Program Scheduled: April 11-15, 2011 in Andover.
October 13, 2010
DMH: respondents' counsel in guardianship proceedings should be afforded access to client records, pursuant to language in standard Probate Court Order Appointing Counsel.
August 9, 2010
Effective November 8, 2010, LICSWs eligible to apply for 3-day involuntary admissions under G.L. c. 123, § 12(a). See, St. 2010, c. 278.
July 14, 2010
Karen Talley to return as MHLU Staff Attorney.
June 4, 2010
The "Paul J. Liacos Mental Health Advocacy Award" is presented annually to a public defender or private attorney whose legal advocacy on behalf of indigent persons involved in civil and/or criminal mental health proceedings best exemplifies zealous advocacy in furtherance of all clients’ legal interests. I’m very pleased to announce that this year’s recipient is Attorney Nadell Hill of Boston. Nadell received the award at the CPCS Annual Conference on May 20th.
May 11, 2010
New CPCS Chief Counsel selected.
May 10, 2010
New section of website: Client Resources.
April 12, 2010
New section of website: Elder Law & Services.
March 15, 2010
Staff Attorney Margaret Lunevitz retires.
January 4, 2010
Clarification of CPCS Policy re Private Retention of Counsel in Guardianship Matters.
July 17, 2009
New sub-site for guardianship-related matters.
July 14, 2009
"UPC Hub" - Probate Court website for all guardianship forms, instructions and rules.
June 16, 2009
CPCS Performance Standards Governing the Representation of Indigent Adults
in Guardianship Proceedings under G.L. c. 190B issued.
May 19, 2009
Now available: Mental Health Proceedings in Massachusetts:
A Manual for Defense Counsel
(Fourth Edition, 2009).
February 2, 2009
"The Intricate Link Between Violence and Mental Disorder." American Journal of Psychiatry.
(severe mental illness does not independently predict future violent behavior).
January 8, 2009
Follow-up message concerning mental health assignments.
December 15, 2008
Important message concerning mental health assignments.
December 12, 2008
Clarification of spending reductions for FY'09.
November 25, 2008
Spending reductions for FY'09 adopted by CPCS.
August 22, 2008
District Court Chief Justice Connolly issues revised "Request for Emergency Hearing" form and memorandum to judges in light of Magrini decision (see below @ July 10, 2008).
July 10, 2008
SJC re emergency hearings (N-W Hospital v. Magrini):
- “abuse or misuse” of G.L. c. 123, § 12(b), may result not only from a denial of one or more of the specifically enumerated rights provided in its first and second paragraphs; “the broad language serves as a catch-all provision to include other circumstances that have resulted in a wrongful § 12(b) admission.”
- “unless a request for an emergency hearing on its face is patently frivolous, the obligation to hold an emergency hearing is mandatory.“
- the client “has the right to be present at the hearing and may be heard. The hearing, however, does not necessarily have to be an evidentiary one. The judge conducting the hearing will have the discretion to decide whether evidence should be required in light of the abuse or misuse alleged.”
July 8, 2008
New section of website: Antipsychotic Medication
June 19, 2008
"The Constitution permits States to insist upon representation by counsel for those competent enough to stand trial … but who still suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves." Indiana v. Edwards
FDA Requests Boxed Warnings on Older Class of Antipsychotic Drugs.
DMH licensing complaint decision (page 1; page 2) re counsel’s attendance at treatment and discharge planning meetings. (N.B. At several points, reference is made to G.L. c. 123, § 123(e). The correct cite is G.L. c. 123, § 23(e)).
Andrews, petitioner (SJC): “[A]n applicant under [G.L. c.] § 9(b) bears the burden of proving by a fair preponderance of the evidence that his situation has significantly changed since last his confinement was reviewed judicially, whether on the basis of new factual developments or new evidence, so as to justify his discharge or transfer.”
FDA Proposes New Warnings about Suicidal Thinking & Behavior in Young Adults Who Take Antidepressant Medications
Restraint and Seclusion: A Risk Management Guide
Administrative Process for Uncontested Rogers Reviews and Extensions in Suffolk County (see also Administrative Process for Uncontested Rogers Extensions)
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