United States District Court District of Massachusetts Report.pdf · UNITED STATES DISTRICT COURT...

United States District CourtDistrict of Massachusetts

2004 - 2005 REPORT

UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS

INTRODUCTION BYCHIEF JUDGE WILLIAM G. YOUNG

It is with enormous pride that I introduce thisthorough and comprehensive report of the activities ofthe Office of the Clerk for the District ofMassachusetts.

Take a look at the chart on the following page.It details the single most important measure of a districtcourt’s service and excellence. It shows that, while theaverage on – bench time – – both for trials and otherhearings – – for active district court judges hasdecreased nationally four years in a row, here inMassachusetts it has actually grown twice during thatperiod (2002 & 2004). In recent years our average on– bench time has consistently been first or second in thenation for courts of six or more active judges. This isan enormous accomplishment and I know I speak for allthe judges in recognizing all of you, all the skilledprofessionals of our Clerk’s Office, in attaining it.

Judges act always as a member of a team. Toaccomplish such a record of sustained trial operations,requires the combined and continuous efforts of everyone of us. Courtroom deputy clerks

organize, set, and orchestrate multiple and diversehearings, court reporters keep accurate, timely, and userfriendly records of our proceedings, docket clerkselectronically manage the court records, insuring theiraccuracy and usability, intake clerks work with theincessant needs of the public for information and help,and jury clerks insure that a fairly representative jury ofthe people is available for service whenever justice sorequires.

And this is but the public face of our activities.Behind the scenes, our now intricate computer,telecommunications, videoconferencing, and wirelessnetworks, must work seamlessly with our judicialoperations, the public’s monies must be accuratelyhandled and timely disbursed, the requisite supplies ofevery name and nature must be available whenever andwherever needed, and human resources must properlyreflect the hard work and contributions of each of us.

When you read through this annual report, youcan see that the contributions of each member of theClerk’s Office have enhanced the whole and made it anorganization truly dedicated to public service,professionalism, and justice. I am prouder of each ofyou than you will ever know.

William G. Young

Chief Judge

1999 – 2005

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Average Trial and Nontrial Hours Reported by Active Judges District of Massachusetts vs. All District Courts

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100

200

300

400

500

600

700

800

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005

(Trial Hours Shaded)

District of Massachusetts All District Courts


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TABLE OF CONTENTS

Page

The District of Massachusetts....................................................................................................... 1

Court Appointments and Milestones........................................................................................... 2

The Federal Courthouses of Massachusetts.................................................................................. 3

Judicial Accomplishments............................................................................................................ 4

The District at a Glance............................................................................................................7 - 17

Criminal Justice Act and Juror Utilization........................................7Interpreters and Naturalization..........................................................8Human Resources & Training and Quality Control...........................9Trials and Hours of In-Court Activity & Caseload Statistics...........11Courtroom Technology....................................................................13Alternative Dispute Resolution........................................................14David S. Nelson Fellowship Program..............................................15

Divisional Offices............................................................................15

A Statistical Review...................................................................................................................... 18

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DISTRICT OF MASSACHUSETTSWWW.MAD.USCOURTS.GOV

UNITED STATES DISTRICT COURTActive District Judges

William G. Young, Chief Judge

Joseph L. Tauro Douglas P. Woodlock Reginald C. Lindsay Michael A. Ponsor Rya W. Zobel Nathaniel M. Gorton Patti B. Saris George A. O’Toole, Jr.Mark L. Wolf Richard G. Stearns Nancy Gertner F. Dennis Saylor, IV

Senior District Judges

Walter J. Skinner Robert E. Keeton Morris E. LaskerA. David Mazzone Edward F. Harrington

Magistrate JudgesCharles B. Swartwood, III, Chief Magistrate Judge

Lawrence P. Cohen Marianne B. Bowler Leo T. SorokinJoyce London Alexander Kenneth P. NeimanRobert B. Collings Judith G. Dien

Office of the ClerkSarah Allison Thornton

Clerk of Court

William Ruane, Chief DeputyHelen Costello, Operations Manager

Stuart Barer, Systems ManagerVirginia Hurley, Training & Quality Control Manager

Francis B. Dello Russo, Administrative ManagerNancy M. Cashman, Human Resources Manager

John Stuckenbruck, Division Manager, SpringfieldDeborah F. Shattuck, Division Manager, Worcester

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Court Appointments and Milestones

The United States District Court for the District ofMassachusetts currently has 13 active authorizedArticle III judgeships as of December 31, 2005.There are three senior judges in the district. Thereare seven authorized full-time magistrate judgepositions. The District of Massachusettswelcomed the following judges to the court in2004-2005.

C F. Dennis Saylor was sworn in andassumed his duties as a United StatesDistrict Judge on June 15, 2004.

C Leo T. Sorokin was sworn in andassumed his duties as a United StatesMagistrate Judge on April 11, 2005.

Retirements

C Magistrate Judge Lawrence P. Cohenretired on January 31, 2005.

Passings

The court was saddened by the deaths of SeniorJudge A. David Mazzone in 2004 and SeniorJudge Walter J. Skinner in 2005.

Judge Mazzone passed away on October 25, 2004,at 76 years of age. Judge Mazzone spent twoyears on the staff of Middlesex District AttorneyJohn Droney and four years as assistant USattorney under W. Arthur Garrity Jr. He was inprivate practice for about 10 years before he wasappointed to the Massachusetts Superior Court byGovernor Michael S. Dukakis in 1974. Three

years later he was nominated to the federal benchby President Jimmy Carter on the recommendationof United States Senator Edward M. Kennedy. Hewas sworn in as a United States District Judge in1978 and took senior status in 1993. JudgeMazzone’s long and distinguished career wascelebrated with a memorial ceremony at the courton May 20, 2005.

Judge Skinner passed away on May 8, 2005, at 77years of age. Judge Skinner entered privatepractice in 1952. From 1957 to 1963, he wastown counsel of Scituate and an assistant districtattorney in Plymouth County. From 1963 to 1966,he was an assistant attorney general for theCommonwealth of Massachusetts under EdwardW. Brooke. He was nominated for an opening onthe federal bench in 1973 and was sworn in as aUnited States District Judge in 1974. JudgeSkinner took senior status in 1993.

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The Federal Courthouses of Massachusetts


John Joseph Moakley United States Courthouse -Boston

Harold D. Donohue Federal Building and Courthouse - Worcester

Federal Building and Courthouse - Springfield

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Judicial Accomplishments

For the fourth and fifth consecutive years, ChiefDistrict Judge William G. Young hosted visitingjudges from Japan. Assistant Judges HisakoIsogai (2004) and Naoko Sonobe, (2005) bothfrom the Osaka District Court, while continuingtheir studies at Harvard University, periodicallyobserved court sessions in Judge Young’scourtroom from January thru April during 2004and 2005, respectively.

In 2004, Judge Mark L. Wolf served on theJudicial Conference's Code of ConductCommittee. The Committee provides advice onthe application of the Code of Conduct for UnitedStates Judges and other judicial branch codes ofconduct and Titles III and IV of the Ethics ReformAct of 1989. He also traveled to China for theDepartment of State to speak to judges, lawstudents, public officials and journalists. In 2005,Judge Wolf continued his service on the JudicialConference's Code of Conduct Committee andalso served on the Advisory Committee onCriminal Rules. He Co-Chaired the DistrictCourt's Judge David S. Nelson FellowshipProgram for Boston High School students. Inaddition, Judge Wolf continued to serve as theChairman of the Albert Schweitzer Fellowship andthe John William Ward Public Service Fellowshipfor Boston Latin School students. He also gave alecture at the Harvard Law School titled "AJudge's Reflections on the Battle Against Terror."

Judge Douglas P. Woodlock received the BostonBar Association's Citation of Judicial Excellencein 2005 at the BBA's Law Day Dinner on May 24,2005. He also contributed an elegy to the Ipswich

Town Hall and Courthouse for the May/June issueof abArchitectureBoston, the magazine of theBoston Society of Architects.

Judge Nathaniel M. Gorton continued his termof service on the Foreign Intelligence SurveillanceCourt to which he was appointed by the ChiefJustice in 2001. Judge Gorton is serving a seven-year, non-renewable term as one of eleven DistrictJudges that is required to sit in Washington, D.C.five or six times each year to consider petitionsrelating to the electronic surveillance and/orphysical search of foreign agents. Judge Gorton’spermanent duty station was switched fromWorcester to Boston in June 2004 when JudgeSaylor was designated by the Court to sit inWorcester.

In 2004, the Honorable Richard G. Stearnstraveled twice to Budapest and once to Bucharestto serve as a rule of law advisor to the Departmentof Defense in working sessions on nuclearcounter-proliferation and terrorism withdelegations from Bulgaria, Romania, and theRepublic of Georgia. Judge Stearns continued toserve as a Trustee and the Chair of the Science andResearch Committee at Vincent MemorialHospital (the women’s hospital at MassachusettsGeneral Hospital). He also gave thecommencement address and received an honorarydegree from Southern New England School ofLaw. In 2005, Judge Stearns traveled to Budapeston three separate occasions to lecture and serve asa rule of law advisor to the Department of Defensein sessions with delegations from Bosnia, Serbia,and Tajikistan. He served as the judicialrepresentative on the United States delegation

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to the annual meeting of the Southern EuropeanMinistries of Defense in Dubrovnik, Croatia. Hetraveled to Cyprus at the invitation of TheDepartment of State to meet with the SupremeCourt and various regional courts. He participatedin an ALI-ABA panel on scientific evidence andgave lectures on terrorism and weapons of massdestruction for the U.S. Department of Justice andthe Foundation for Research on Economics andthe Environment. He also continued his work as aTrustee and the Chair of the Science and ResearchCommittee at Vincent Memorial Hospital InBoston.

Judge Reginald C. Lindsay was a featuredspeaker at the celebration of the 50th anniversaryof Brown v. Board of Education. The event washeld on May 13, 2004, at the Moakley Courthouseand sponsored by Facing History and Ourselves.In early 2005, Judge Lindsay was the keynotespeaker at the celebration of Martin Luther KingDay at the Colleges of the Fenway (EmmanuelCollege, Massachusetts College of Art,Massachusetts College of Pharmacy and HealthSciences, Simmons College, Wentworth Instituteof Technology and Wheelock College). In April2005, the Honorable Judge Lindsay was awardedthe N. Neal Pike Prize, given annually by the N.Neal Pike Institute of Boston University School ofLaw "to an individual who, despite a physical ormental disability, has achieved notable success."

Judge Patti B. Saris continued her term ofservice as chairman of the Defender ServicesCommittee of the Judicial Conference in 2004.The Committee funds about 169,000 criminalrepresentations per year and has a budget of over600 million dollars. Judge Saris served on thecommittee for eight years. The jurisdiction of thecommittee includes Federal Defender offices andattorneys appointed to the panel under theCriminal Justice Act. In addition, the committeealso funds attorneys appointed to represent habeascorpus petitioners.

In recognition of her efforts on the bench, theHonorable Nancy Gertner received the “JudicialExcellence Award” for 2004 given by LawyersWeekly at their annual Celebration of Excellencein the Law program. Judge Gertner concluded thesecond year of a three-year term on theInformation Technology Committee of theJudicial Conference. The Committee providesgeneral policy recommendations and planningoversight of the judiciary information technologyprogram. In addition to teaching a course at YaleLaw School, Judge Gertner gave a panelpresentation at Haifa University Law School inIsrael on Civil Liberties and TerrorismProsecution. She also traveled to China (Shanghaiand Beijing) and Viet Nam to teach. She is amember of the Advisory Board of the AmericanBar Association’s Central European and EurasianLaw Initiative (CEELI) and attends biannualmeetings of the Board in Washington, DC. In2005, Judge Nancy Gertner received the "GreatFriend of Justice Award" given by theMassachusetts Bar Foundation at their annualmeeting. Judge Gertner was additionally honoredby the Boston Bar Association at their Law DayDinner, and was given their "Citation of JudicialExcellence." Judge Gertner also concluded thethird year of a three-year term on the InformationTechnology Committee of the JudicialConference. While continuing to teach a courseon Sentencing at Yale Law School, Judge Gertnerhelped to establish the Equality Commission,which was formed by the Women’s BarAssociation of Massachusetts and is working inconjunction with the MIT Workplace Center togather information on attrition in the legalprofession. Together with The Honorable SamuelAnthony Alito, Jr., The Honorable PhilipHeymann, The Honorable Edwin Meese III, TheHonorable Paul Cassell, and other members of theSentencing Initiative Committee of theConstitution Project, Judge Gertner is helping todevelop improvements in federal sentencing laws,especially in light of state experiences.

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As part of the "Distinguished Jurist-in-ResidenceLecture" series at Maine Law School, JudgeGertner gave a lecture and wrote a law reviewarticle entitled, "Sentencing Reform: WhenEveryone Behaves Badly," 57 Me. L. Rev. 569.Judge Gertner gave the Commencement addressand received an honorary degree from the WesternNew England School of Law in Springfield,Massachusetts. Sponsored by the DocumentationCenter of Cambodia, in connection with the 2005DC-Cam Legal Training Project, Judge Gertnertraveled to Cambodia to teach lawyers slated toappear before the Khmer Rouge War CrimesTribunal.

In December 2004, Judge Michael A. Ponsorconcluded his second three-year term as a memberof the Judicial Conference Committee on theMagistrate Judge System and ended his service onthat committee. The Committee providesoversight of the federal magistrate judges system.Judge Ponsor was appointed to the BudgetCommittee of the Judicial Conference in 2005.The Committee assembles and presents toCongress the budget for the judicial branch. FromJanuary to April, Judge Ponsor taught a seminar at

Western New England College School of Lawentitled “Civil Litigation in the Pre-Trial Phase.”He participated in a panel on effective legalwriting and presented some remarks onprofessionalism to the law school’s entering firstyear class. In May, Judge Ponsor gave a series ofseminars in Vilnius and Kaunas, Lithuania on thetopic of judicial ethics, sponsored by the EuropeanLaw Students Association. Finally, Judge Ponsorhelped organize a local committee to memorializethe hanging of two luckless Irish workingmen inNorthampton in 1806. Dominic Daley and JamesHalligan were hung for a murder they almostcertainly did not commit.

During 2004 and 2005, Judge George A.O’Toole continued his term of service as amember of the Committee on Judicial Security andFacilities of the Judicial Conference. TheCommittee reviews, monitors and proposes to theJudicial Conference policies regarding thejudiciary’s space and facilities requirements,security of the courts and the federal judiciary, andsecurity for court proceedings and court facilities.

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The District at a Glance

Criminal Justice Act (CJA)

The local Criminal Justice Act (CJA) Plan whichwas amended in 1993 continues in effect for theDistrict of Massachusetts. Several members of thebar continued to participate in CJA relatedactivities in the District, along with the FederalPublic Defender’s Office.

In November 2003, the Judges of the Courtapproved a Pilot Project for the Early Appointmentof Counsel which was recommended by theCommittee to Study the Criminal Local Rules.This pilot program which began on January 5,2004 was implemented to provide for theappointment of counsel before defendants areinterviewed by Pretrial Services and before aninitial appearance is conducted.

Under the pilot program, the Federal DefenderOffice and the Criminal Justice Act Board eachwill furnish one duty attorney who will be presentin the courthouse during business hours. Whencourt appointed counsel is requested, counsel hasthe opportunity to be present when the defendantis interviewed by Pretrial Services and during theappearance before the Magistrate Judge. The pilotprogram was evaluated and subsequently madepermanent by the court.

The number of CJA vouchers processed forpayments in 2004 decreased slightly from thenumber processed in 2003, approximately 1%,while the amount paid to attorneys, experts andcourt reporters increased by about 9.5%. Therewas a significant increase in both areas for 2005.

The total amount of CJA payments increased byapproximately 25%, while the number of CJAvouchers processed for 2005 increased byapproximately 17% over the figures for 2004.

Year CJA Payments CJA Vouchers

2000 $2,743,582. 1072

2001 $2,396,304. 979

2002 $2,803,948. 1019

2003 $4,217,041. 995

2004 $4,619,226. 986

2005 $5,783,294. 1156

Juror Utilization

In 2004, 26.3 percent of the petit jurors present forjury selection in the District of Massachusetts werenot selected, serving or challenged (NSSC) on thefirst day of jury service. This was a decrease fromthe 33.1 percent reported in 2003 which wassignificantly higher than previous years due toseveral high profile and death penalty cases. Therewas further improvement in the average of jurorsNSSC in 2005 in the District of Massachusettswith the rate decreasing to 20.9 percent. Thisplaced our district first among those courtsnationally with six or more active Article III judgesin one location and 12th out of all 94 courts.

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Jury Utilization - % of JurorsNot Selected, Serving or Challenged

Year District ofMassachusetts

National

2000 22.8 37.5

2001 20.0 39.2

2002 25.3 39.2

2003 33.1 39.6

2004 26.3 36.1

2005 20.9 37.8Source: Report on Juror Utilization for the 12 month period ending December 31

Interpreters

In April 2005, there was a major change in theprocurement process for hiring interpreters forcourt proceedings. A new, national procedurerequiring interpreters to execute an agreement tothe terms and conditions regarding qualifications,rates for services, travel and/or other expenses wasinstituted by the Administrative Office. Thisrequired all court interpreters utilized for courtproceedings to execute this contract for theremainder of FY 2005. Each interpreter also wasrequired to submit to fingerprinting and recordschecks. A new invoice also has been created foruse by interpreters, requiring specific informationand approval by the court before submission forpayment. Although this process was cumbersomeinitially, the end result has been more consistency,uniformity and timely processing of vouchers forpayment to the contract court interpreters.

Naturalization

In 2004, the Citizenship and Immigration Servicesand the Court worked cooperatively to hold a totalof 43 naturalization ceremonies at which 15,436applicants were sworn in as new citizens by

federal judges. The court continued itsinvolvement in 2005 by administering the oath ofcitizenship to 21,913 people at 42 ceremonies. Thenumber of new citizens sworn in for 2005represented a 41% increase over 2004.

“Matthew J. Lee - The Boston Globe”

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Human Resources

As with every successful organization, the mostvaluable resource of the District Court is itspeople. The role of the Human Resources (HR)Department is to serve as a source of informationand expertise, providing quality customer servicefor every employee in their ever-changing needs.HR acts as catalyst, recommending and recruitingthe best qualified people, while recognizing andencouraging the value of diversity in the UnitedStates District Court.

During this period, numerous changes occurred inall three offices supported by our consolidated Human Resources Department. All threeincumbent Court Unit Executives, the Clerk ofCourt, Chief Probation Officer, and Chief PretrialServices Officer, resigned or retired and new unitheads were selected. In December 2004, it wasannounced that a new Clerk of Court, SarahAllison Thornton, would begin by March, 2005.

HR continued to support the goals and challengesof the United States District Court, the UnitedStates Probation Department and the United StatesPretrial Services Office by providing serviceswhich promote an environment characterized byfair treatment of staff, open communication,personal accountability, trust and mutual respect.Human Resources sought to provide solutions toproblems that support and optimize the operatingprinciples of the Court.Throughout 2005, the HRstaff was challenged with appointments,separations, resignations and retirements. In orderto streamline their duties, they received trainingfrom the Administrative Office (AO) on twoprograms: Electronic Transmission of PersonnelForms and the Human Resources ManagementInformation System (HRMIS).

The Electronic Transmission of Personnel Forms,a program developed and implemented by the

Court Personnel Management Division of the AO,allows local court units to not only electronicallyinitiate personnel actions but also electronicallytransmit them to the AO. The automation of theseforms eliminates the need to mail, fax or send byFederal Express mail many personnel actions.

The HRMIS View Access provides staff inindividual courts real-time rights to personnel andpayroll information. This system permits reviewand verification of changes online includingbenefits and payroll data, the running of reportsand initiation of predefined queries.

Training and Quality Control

Quality control continues to be an integral part ofthe Court’s case management system. The dataquality analysts spend a great deal of timereviewing the work performed by court staff toensure that the data contained in the Court’sdatabase is reliable.

In December of 2005, the Court began using DataAssurance Reporting and Tracking Systemsoftware (DARTS), originally designed by aClerk’s Office employee from the BankruptcyCourt of Eastern and Western Districts ofArkansas, and modified for our use. That softwarepermits anyone in the Clerk’s Office to report anerror, and permits the deputy clerk responsible forthe correction to post the resolution of that error.This software is helpful in tracking trends in errorsthat may be addressed through training or softwaremodifications to the CM/ECF database.

The demand for training for both Court staff andthe bar has continued to increase in the past twoyears. We have offered a variety of trainingprograms for court staff, on such topics as Adobewriter, ergonomics, customer service, courtroomclerk skills, CM/ECF for court staff, and use of theconflict checking software for chambers staff.

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Court personnel continue to take advantage of theClerk’s Office video library, and the broadcastsoffered by the Federal Judicial Television Network(FJTN).

In July 2005, the Clerk’s Office hosted a regionalFAS4T review class taught by AdministrativeOffice staff. This class was attended byapproximately 20 employees from court agenciesin four of the districts of the First Circuit.

On occasion, the training section has been calledupon to develop training plans to address specificneeds for court staff. These have been wellreceived and have proven successful.

In January, 2004, the Training and Quality ControlManager attended a class sponsored by the FederalJudicial Center for Process ImprovementFacilitators. As a result of that training, a ProcessImprovement Workshop was held in Boston forstaff in the Clerk’s Office, Probation, PretrialServices, United States Marshal and United StatesAttorney’s Offices. That session led to changes ina number of procedures, and better communicationamong all involved.

At the suggestion of a departing law clerk, asession on the use of ECF was developedspecifically for that group. The first class in 2004was well attended, and has become an annualevent. During that class, we focused on using theElectronic Case Files system as an attorney,showing the differences they will see from theiraccess as a court employee. During the fall of2004, the American Bar Association offered aseminar to all law clerks on employment lawwhich was well received.

During the summer of 2004, the Clerk’s OfficeInternship program was revamped to provide amore well-rounded experience for our interns. Aschedule is prepared so that all interns rotate

through the different sections of the Clerk’s Office.Time is scheduled for each intern to observe courtproceedings. On the day an intern is scheduled togo to court, the Training Manager coordinates thevisit with a courtroom deputy clerk so that theintern is able to meet the Judicial Officer and,when possible, sit inside the bar enclosure for amore up-close experience. Our interns have foundthis to be a very rewarding part of their experiencewith us.

In April of 2004 and again in February 2005, theSystems Department, facilitated by the Trainingand Quality Control Manager, offered anotherseminar on the use of the court’s electroniccourtrooms. This class was advertised as anopportunity for attorneys, and more importantly,their systems staff, to come to the courthouse andlearn what we have to offer in our electroniccourtrooms. Time is set aside at the end of theprogram to allow anyone interested to give theequipment a ‘test drive’.

A number of guides have been developed orupdated in the past two years, with more to come.The Quality Assurance guide for court staff hasbeen revised as we approach mandatory electronicfiling, and a guide was written on the use of theDARTS program.

In April 2005, an orientation plan for new JudicialOfficers was developed. That document servestwo purposes: court staff are able to efficientlyprepare for the new judge’s arrival, and the newjudge will have a better sense of what to expect,and who to approach with questions. Oneimportant part of the plan is the mentor program.Each new judicial officer is paired with one ormore judges, either to accompany to court, or tocall on with questions. Two new judges have usedthe plan since its inception, and both have found ithelpful.

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Trials and Hours of In-Court Activity

The total number of trials commenced in thisdistrict rose 8.3 percent in 2005, from 263 in 2004to 285 this past year. While the total number oftrials increased, the total number of jury and non-jury trials actually decreased 8.7 percent duringthis time period (from 194 in 2004 to 177 in 2005).The total number of in-court hours also fell from11,872 in 2004 to 11,549 in 2005. Days on trialgrew from 1,081 in 2004 to 1,170 in 2005 andhours on trial increased 2.1 percent in 2005 (4,627hours in 2004 v. 4,724 hours in 2005). The totalamount of in-court hours spent on matters otherthan trials decreased from 7,245 in 2004 to 6,825in 2005.

Caseload Statistics

In 2005, the District Court opened 3,295 civilcases and disposed of 3,546 civil cases. At year-end, 3,415 civil cases were pending. Civil casefilings decreased 6 percent from 3524 in 2004 to3295 in 2005. This decrease, albeit lower, wasconsistent with the national trend which showed anoverall decline of 10 percent. In this district,significant reductions occurred in personalinjury/product liability cases, contract cases andcivil rights filings.

Even with a 18 percent decline in the number oftort filings in 2005, tort cases still represented themost often filed nature of suit in this district.Categories of civil cases that experienced the mostgrowth in 2005 were overpayments (up 286%),property rights (up 18%) and social security cases(up 13%).

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The Court opened 414 criminal cases involving a total of701 defendants in 2005. A total of 462 criminalcases and 636 criminal defendants were closed. Atthe conclusion of 2005, 1,407 defendants hadcharges pending.

After declining 3 percent in 2004, criminal casefilings remained relatively stable in 2005.Theslight decrease in 2005 represented the fourthconsecutive year that this district experienced areduction. This decrease was consistent with thenational trend which recorded a 2 percent declinein 2005. This drop at the national level was thefirst since 1996, a period during which criminalcase filings grew 45 percent.

Criminal defendant filings surged almost 29percent from 545 in 2004 to 701 in 2005.Nationally, criminal defendant filings dipped onepercent in 2005 to 92,226.

Drug and fraud cases continue to represent themost significant part of the criminal caseload inthis district. Non-marijuana drug cases grew 6percent in 2005 while fraud cases remained stable.Other categories of criminal cases that experiencedincreases were immigration filings (up 4%) andfirearms and explosives cases (up 28%).

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Courtroom Technology

The evidence presentation system in courtroom 2in Boston underwent a major upgrade in 2004. The highlights of the upgrade included additionalcontrols to allow the courtroom clerk to selectevidence sources and viewing destinations,additional audio/video inputs at the podium andattorney tables for personal computers, CDplayers or other audio devices, a combinationDVD/VCR player in the podium, and a DVDrecorder for recording video and other evidence.

An infrared assisted listening/interpretation systemhas been installed for hearing impaired and non-English speaking participants. For assistedlistening, the system is connected to the courtroomsound equipment so that speakers’ voices areamplified and transmitted to wireless headsets.Interpreters can speak into a specially configuredmicrophone, which is also transmitted to theheadsets. Audio connections were modified so thatthis equipment could be used in all courtrooms.

The installation of a new electronic courtroom andaudio systems in our Worcester courthouse wascompleted in April. The electronic courtroomsystem in Springfield was relocated fromcourtroom 2 to courtroom 1 in October.

We also completed a major sound systemimprovement project in our active district judgecourtrooms in Boston. Over time, we haddiscovered various wiring and configurationproblems had contributed to poor audioperformance. In response to this, a contractor washired to analyze the sound systems, increasemicrophone output, install an audio connections toallow court reporters to record proceedings,i n t e g r a t e t h e i n f r a r e d a s s i s t e dlistening/interpretation systems, test microphonealternatives, and make any necessary repairs andadjustments to insure adequate soundreinforcement.

In 2005, new Evidence Presentation Systems wereinstalled in courtrooms 1 and 11 in Boston. Thisproject included flat screen monitors, controlsystems, and audio-video resources similar to ourother electronic courtrooms. A custom-built mediacart was included for courtroom 1.

A Netware server and tape backup system havebeen placed in the Williams building to mirror datafrom Boston, Springfield, and Worcester. Ifanything happens to the production servers, or a

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building becomes inaccessible, users can beswitched over to the mirrored data. In addition, anupdated wireless link was installed to facilitateoffsite backups and redundancy.

Another joint project with the other MoakleyBuilding court units in 2005 was a completeupgrade of the network communicationinfrastructure. The new equipment will providebetter performance, increased user capacity, andbetter security.

Alternative Dispute Resolution

The Alternative Dispute Resolution (ADR)Program continued to play a vital role in pre-trialresolution of a broad range of civil matters duringthe years 2004 and 2005. In 2004, 304 cases werereferred to the ADR Program, and 243 weremediated in the same year. The majority of caseswere mediated by two senior judges (135 casestotal) and seven magistrate judges in Boston,Worcester and Springfield (91 cases total).

In addition to the mediations conducted by judicialofficers, the Court’s ADR Panel, a group ofprofessional mediators who provide services to theCourt on a voluntary basis, mediated a total of 17cases. Finally, Judge Mazzone, who chaired theProgram, traveled to San Juan and mediated ninecases for the District of Puerto Rico. The rate ofsettlement was about 70% in 2004.

The ADR Program underwent significant changesin the last quarter of 2004 and the first half of 2005following the deaths of Judge Mazzone, the chairof the Program, and Judge Skinner, who mediatedcases on a regular basis. In 2005, 292 cases werereferred to the ADR Program, and 233 weremediated that year. The magistrate judges took ona significantly larger case load, and mediated atotal of 166 matters, up from 91 the year before.Magistrate Judge Marianne Bowler also traveled toSan Juan to mediate 7 cases for the District ofPuerto Rico. In addition, the Program reliedheavily on the ADR Panel, whose volunteersmediated a total of 67 matters, up from 17 in 2004.The settlement rate in 2004 was about 63%.

In 2005, the Program sought to expand its roster ofADR Panel mediators to help fill the gap left bythe loss of the two senior judges. As a result ofcontinuing efforts, the Panel currently has close to50 volunteers, who are highly regarded by counseland parties, and now receive referrals on a regularbasis. Goals for the Program in 2006 include acontinued expansion of the ADR Panel and an in-depth evaluation, based on input from judges,counsel, and litigants, of how the Program can bestserve the Court and the legal community.

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David S. Nelson Fellowship Program

For the last decade, each summer the federaldistrict court has hosted 8-10 students from theBoston Public School system in the David S.Nelson Fellowship Program. The students are assigned to judicial chambers, take classes inliterature and writing, participate in mock trials,and attend court proceedings. Those students, whohave just finished their junior year, also receivecounseling and mentoring for the collegeapplication process. Initiated by Judge Mark L.Wolf, the program is now chaired by JudgesReginald Lindsay and Patti B. Saris. Most judgesand magistrate judges have taken interns over theyears. We are proud of our alumnus who aregraduating college, attending law school, servingin the Probation and Clerk’s offices, and workingin the Boston area. A ten-year reunion has beenplanned.

The late David S. NelsonUnited States District Judge

District of Massachusetts1979 - 1998

Divisional OfficesSpringfield

The Springfield Clerk’s Office is staffed by fiveemployees; two courtroom clerks, two docket/generalist clerks and a division manager whosupervises the staff and coordinates the functionsof and services provided by the office.

In the Spring of 2004, a courtroom was provided tocompeting western Massachusetts high schools inthe Massachusetts Bar Association’s annual mocktrial competition. The court has provided acourtroom for this competition for several years.

On October 4, 2004, a memorial tribute to formerChief Judge Frank H. Freedman was held. JudgeFreedman opened the full time Springfield court in1979. The tribute was attended by the Freedmanfamily, Judges and Magistrate Judges from Boston,former law clerks and staff, local judges, attorneysand friends.

The annual Clerk‘s Office employee recognitionbreakfast was held in the fall and was attended bythe Clerk, clerk’s office staff, Judge Ponsor,Magistrate Judge Neiman and chambers staff. Two members of the staff received 25 year pins.

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On November 17, 2004, the Open Doors to theFederal Courts program was held in the courthousefor the third time. The program was coordinatedby Magistrate Judge Neiman and his staff. Thetheme of the program was ?The Role of the Courtsin Balancing Liberty and Safety.” As part of theprogram, students from Hopkins Academyparticipated in a mock criminal trial with theassistance of court staff.

In 2004, 277 civil cases and 29 criminal cases werefiled in the Western Section. At the end of thecalendar year Judge Ponsor had 204 civil casesand 55 criminal cases pending. Magistrate JudgeNeiman had 66 consent civil cases pending.

In February and March, the Massachusetts BarAssociation again sponsored the annual highschool moot court competition for which acourtroom was provided.

On November 9 the Open Doors to the FederalCourts program was conducted. Forty-fiveGreenfield High School students attended theprogram entitled “Jury Service - The Faces ofJustice.” The students participated in a mock trialpresentation of jury selection and the penalty phaseof a criminal death penalty case. Magistrate JudgeNeiman and his staff coordinated the event.

In 2005, 296 civil cases and 65 criminal cases werefiled in the Western Section. At the end of thecalendar year Judge Ponsor had 91 criminal casesand 220 civil cases pending. Magistrate JudgeNeiman had 67 civil consent cases pending.

The groundbreaking ceremony for the new federalcourthouse in Springfield was held on September28, 2004, and full scale construction began inMarch 2005.

The courthouse will be located on State Streetadjacent to the St. Michael’s Cathedral, theLibrary. The 150,000 square foot state-of-the-artfacility will cost approximately 55 million dollars.It will include three courtrooms (with a fourth forexpansion), 15 indoor parking spaces, and anoutdoor parking lot with approximately 50 spaces.The building is designed by world renownedarchitect, Moshe Safdie. Congressman Richard E.Neal (D-MA), the U.S. District Court, the U.S.Bankruptcy Court, the U.S. Probation Department,the U.S. Pretrial Services Department, the U.S.Marshal's Service, and the U.S. Attorney's Officewill all occupy the new courthouse. Museum ofFine Arts and the Springfield Public

The exterior work on the facility is expected to becompleted in the fall of 2006 and the interior workis scheduled to begin shortly thereafter. Thecourthouse is scheduled to open in the spring of2008.

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Worcester

F. Dennis Saylor, IV was sworn in as the secondUnited States District Court Judge for theWorcester Session during a ceremony conducted atMechanics Hall in September 2004.

The Clerk’s Office in Worcester is staffed by fiveemployees; two courtroom clerks, twodocket/generalist clerks and the division manager.The division manager is responsible for oversightof all functions and working with the staff tocoordinate their efforts in meeting the standards ofthe Clerk’s Office Mission Statement. Cross-training has been completed in the areas ofcustomer service, jury, administrative services,docketing and courtroom clerk responsibilities.This proved beneficial when a courtroom clerkassigned to a Magistrate Judge in Worcestercovered a criminal trial in Boston and a generalistcovered the court proceedings in Worcester.

The divisional office in Worcester continues toassist in projects that benefit the entire court. Oneof its accomplishments was updating attorneyrecords for the CM/ECF database. Staff verifiednames, addresses, phone numbers and emailaddresses and reported any duplicate records forremoval from the database. The divisional officecontinues to assist in testing various updates ofCM/ECF.

In November, 2004 Judge Saylor and MagistrateJudge Swartwood hosted a workshop for theWorcester County Bar Association to discuss andexchange ideas on Federal Court practices andprocedures in both civil and criminal matters.

In May 2005, a workshop for CJA appointedattorneys and a seminar entitled “A Judicial Viewof Expert Witnesses” were hosted by Judge Saylorand Chief Magistrate Judge Swartwood.

In July 2005, a criminal trial for the District ofRhode Island was conducted in Worcester byJudge Lisi. This effort was coordinated by thedivision manager and Clerk of Court for theDistrict of Rhode Island.

Pursuant to the Worcester Outreach Program, thedivision manager works closely with CareerServices from a local college in choosing studentsto participate in the Internship Program. Thestudents are sworn in as deputy clerks and assist inthe areas of customer service, jury and records.

Throughout 2004 and 2005, the divisional officehosted several “Arts and the Law” programs forthe Worcester Public School students in grades 6through 12. These programs include interactiveplays and encourage participation by the students.The programs are coordinated by the divisionmanager and staff from the Discovering Justiceprogram.

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A Statistical Review

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United States District Court District of Massachusetts Report.pdf · UNITED STATES DISTRICT COURT...

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