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Report of the Judicial Council of Massachusetts Public Document No. 144 Governmpnt [' .-•Mi i I ^' O ^ CJisiversity c»£ MaeeacliiieeSfeJ FORTY-FOURTH REPORT udicial Council of Massachusetts -1968- I. THE COURTS The New Long Arm Statute, Chapter 223A. Consumer Claims Courts II. JUDICIAL "RENEWAL" Action Needed for a More Effective Judicial Council Intermediate Appellate Court III. CIVIL PRACTICE AND PROCEDURE Probate of Wills, Omitted Children Adoption Decrees, Nunc Pro Tunc IV. CRIMINAL LAW AND PROCEDURE Arrest Procedure — Miranda Rule Conspiracies to Commit Crime Riots and the Constitution SPECIAL STUDIES CABLE TELEVISION — CATV State Regulation to Protect the Public (Complete Table of Contents on Pages i and ii) SS. cs. LL. Publication of this Document Approved by Alfred C. Holland, State Purchasing Agent. 2M- 12-68-948293 Estimated Cost Per Copy: $1.38 Public Document No. 144 FORTY^ FOURTH REPORT Judicial Council of Massachusetts -1968- CONTENTS OF THIS REPORT P^g^ THE ACT CREATING THE JUDICIAL COUNCIL 1 MEMBERSHIP OF THE JUDICIAL COUNCIL 2 TABLE OF LEGISLATION REFERRED TO THE COUNCIL IN 1968 IV REPORTS ON BILLS REFERRED TO THE COUNCIL BY THE GENERAL COURT AND OTHER RECOMMENDATIONS THE ADMINISTRATION OF JUSTICE Page I. THE COURTS The New "Long Arm" Statute 4 Consumer Claim Sessions in District Courts 5 Youthful Offenders, 17-21, Special Adjudications 8 Sentencing, Discretion of Court 14 Prosecutions by Law Students 15 11. JUDICIAL "RENEWAL" Action Needed for a More Effective Judicial Council 18 An Intermediate Appellate Court 25 The Conference of District Court Judges 29 Revision of Civil Procedure 30 III. CIVIL PRACTICE AND PROCEDURE Probate Adoption Decrees — Nunc Pro Tunc 31 Probate of Wills - Protection of Widows and Children 34 ii JUDICIAL COUNCIL P.D. 144 Probate of Wills - Claims by Omitted Children 37 Discrimination Cases, Liability of Employer 39 IV. CRIMINAL LAW AND PROCEDURE Warning Suspects of Constitutional Rights 49 Conspiracies, Punishments Recommended 54 Objections at Trial, Necessity for Exceptions 58 Prior Criminal Record, Admissibility at Trial 59 Riots, Penalty for Inciting to Riot 61 Vagrants, Constitutional Requirements for Arrest 72 Discovery in Criminal Cases 46 Procedural Law Revision 42 Revision of the Basic Substantive Criminal Law 45 V. UNIFORM LAWS PROPOSED Proposed Uniform Principal and Income Act 79 Proposed Uniform Land Sales Practice Act 90 VI. TORTS Wrongful Death Cases, Limits on Payment 103 VII. SPECIAL STUDIES I. Cable Television, State Regulation is Necessary Now to Protect the Public 107 II. Zoning and Building Laws, Enforcement 135 III. Conservation Restrictions or Easements 139 P.D. 144 JUDICIAL COUNCIL iii iBilt ^nmmottuipaltli at iStaniiarlfUBjettfi JUDICIAL COUNCIL December 1968 To His Excellency, John A. Volpe, Governor of Massachusetts In accordance with the provisions of Section 34B of chapter 221 of the General Laws (Ter. Ed.), we have the honor to transmit the forty fourth annual report of the Judicial Council for the year 1968. Reuben L. Lurie John A. Costello Elwood H. Hettrick Elijah Adlow Arthur A. Thomson Charles W. Bartlett Livingston Hall IV JUDICIAL COUNCIL P.D. 144 1968 HOUSE AND SENATE BILLS REFERRED TO THE JUDICIAL COUNCIL 1968 P.D. 144 JUDICIAL COUNCIL JUDICIAL COUNCIL G. L. (Ter. Ed.) Chapter 221, §§34A-34C The Judicial Council Was Established To Make A Continuous Study of The Organization, Procedure and Practice Of The Courts. The Council Makes Reports Requested By the Legislature, and Suggests Improvements in the Administration of Justice. Statutory Authority Section 34 A. There shall be a Judicial Council for the continuous study of the organization, rules and methods of procedure and practice of the judicial system of the commonwealth, the work accomplished, and the results produced by that system and its various parts. Said council shall be composed of the chief justice of the supreme judicial court or some other justice or former justice of that court appointed from time to time by him; the chief justice of the superior court or some other justice or former justice of that court appointed from time to time by him; the judge of the land court or some other judge or former judge of that court appointed from time to time by him; the chief justice of the municipal court of the city of Boston or some other justice or former justice of that court appointed from time to time by him; one judge of a probate court in the com- monwealth and one justice of a district court in the commonwealth and not more than four members of the bar all to be appointed by the governor, with the advice and consent of the executive council. The appointments by the governor shall be for such periods not exceeding four years, as he shall determine. Section 34B. The Judicial Council shall report annually on or before Decem- ber first to the governor upon the work of the various branches of the judicial system. Said council may also from time to time submit for the consideration of the justices of the various courts such suggestions in regard to rules of practice and procedure as it may deem advisable. Section 34C. No member of said council, except as hereinafter provided, shall receive any compensation for his services, but said council and the several members thereof shall be allowed from the state treasury out of any appropria- tion made for the purpose such expenses for clerical and other services, travel and incidentals as the governor and council shall approve. The secretary of said council, whether or not a member thereof shall receive from the commonwealth a salary of five thousand dollars. Recommendations for Improving the Effectiveness of the Ju- dicial Council Appear in this Report at Page 21 to 25. 2 JUDICIAL COUNCIL P.D. 144 MEMBERS OF THE JUDICIAL COUNCIL (DECEMBER, 1967) Frederic J. Muldoon of Westwood, Chairman^ Reuben L. Lurie of Brookline John A. Costello of Andover Elwood H. Hettrick of Weston Elijah Adlow of Boston Livingston Hall of Concord Raymond F. Barrett of Milton^ Arthur A. Thomson of North Andover Charles W. Bartlett of Dedham ^ Mr. Frederic J. Muldoon died on July 4, 1968. ^ Mr Raymond F. Barrett died on September 1 1, 1968. James B. Muldoon of Weston, Secretary One Court Street, Boston, Massachusetts 02108 INQUIRIES CONCERNING THIS REPORT This report is distributed by the PubUc Document Room at the State House in Boston. Copies are sent to all members of the legislature, judges, clerks of court, libraries, city and town clerks, and many others. As long as the supply lasts, copies of this report, and also copies of some earlier reports, can be ob- tained, without charge, by requesting them from the Public Doc- ument Room, State House, Boston. Massachusetts. Correspondence may be sent to James B. Muldoon, Secretary, Judicial Council of Massachusetts, One Court Street, Boston, Mass. 02108. CHANGES IN MEMBERSHIP OF THE COUNCIL IN 1968 Frederic J. Muldoon, Esq., a Boston attorney for 54 years, who served as a member of the Council since 1937, as its Vice Chairman from 1952 to 1958, and as its Chairman since 1958, P.D. 144 JUDICIAL COUNCIL 3 died during the year. The Commonwealth thus lost a fine public servant, who had also been an ex officio member of the Judicial Conference of Massachusetts. His wise judgment, unflagging in- terest in the work of the Council, and impartial manner as its Chairman during his ten years of service in that position en- deared him to all of his colleagues. Raymond F. Barrett, Esq., a Norfolk County attorney and former President of the Massachusetts Bar Association, who served as a member of the Council since 1959, also died during the year. A busy trial lawyer, member of the House of Delegates of the American Bar Association and Fellow of the American College of Trial Lawyers, he brought to the work of the council an informed and practical sense of the law which was respected by all of his colleagues. NEW MEMBERS OF THE COUNCIL Paul A. Tamburello, Esq., of Pittsfield, and Paul T. Smith, Esq., of Boston, were appointed by Governor Volpe to fill these vacancies so late in the year that they were unable to participate in the deliberations and decisions of the Council on the matters embodied in this its Forty-fourth Report. — JUDICIAL COUNCIL P.D. 144 I. THE COURTS THE "LONG ARM" STATUTE OF 1968 The "Long Arm" statute which we recommended in our 42nd Report was approved by the governor on July 25, 1968. This statute will allow Massachusetts residents to require those from afar to litigate certain contested matters in the Massachusetts courts. The enlargement of the jurisdiction of our courts, and the instances in which the "Long Arm" statute applies require reference to the first six sections of the new Chapter 22 3 A. CHAP. 760. An Act EXTENDING JURISDICTION OF COURTS OF THE COMMONWEALTH TO CERTAIN PERSONS IN OTHER STATES AND COUNTRIES. Be it enacted, etc., as follows: The General Laws are hereby amended by inserting after chapter 223 the following chapter: CHAPTER 223A. Jurisdiction of courts of the commonwealth over persons in OTHER states AND COUNTRIES. Section 1 . As used in this chapter "person" includes an individual, his executor, administrator or other personal representative, or a cor- poration, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this commonwealth and whether or not organized under the laws of this commonwealth. Section 2 . A court may exercise personal jurisdiction over a person domiciled in, organized under the laws of, or maintaining his or its principal place of business in, this commonwealth
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