As you are aware, I have pointed out that Michael Fredrickson, the General Counsel of the Massachusetts Board of Bar Overseers, has some explaining to do:

As detailed here before, within hours of my posting about Elizabeth Warren’s lack of a Massachusetts law license, Michael Fredrickson, the General Counsel of the Massachusetts Board of Bar Overseers, gave an interview to Massachusetts Lawyers Weekly in which he defended Warren.

Fredrickson did not indicate in the interview as reported that he was speaking in any capacity other than on behalf of the BBO and seemed to be exonerating Warren.

That Mass Lawyers Weekly interview has been the basis for the defense of Warren.  After all, if the General Counsel of the entity with quasi-regulatory authority publicly announced a conclusion, why treat the issue seriously?  Even The Boston Globe has a similar quote from Fredrickson today, and uses that quote to dismiss the issue out of hand.

Yet the issue is serious, as even people who did not initially agree with me have acknowledged.

Fredrickson effectively quashed the public discussion by virtue of his title and position.

Fredrickson later admitted, however, that he was not speaking on behalf of the BBO and was not reaching any conclusions as to Warren individually because he knew so little about her practice….

Normally, Bar officials everywhere are very closed-mouthed about matters under their jurisdiction.  Indeed, the Massachusetts Bar Counsel, a separate office which investigates and prosecutes, did not respond to requests for comment from Breitbart.com.  Even Fredrickson now is refusing further comment, according to Michael Patrick Leahy at Breitbart.com.

While Fredrickson no longer is talking publicly, his prior “personal” opinion, which was not based on an actual knowledge of Warren’s law practice, hangs out there as the purported BBO verdict exonerating Warren.  That creates a false impression which should be remedied.

Frankly, I considered that the very serious issues I raised about Warren’s practice of law would be buried by Fredrickson’s quite unusual and ill-considered statements.

But there is hope.

The Massachusetts Republican Party has sent a letter to the Chief Justice of the Massachusetts Supreme Judicial Court complaining that Fredrickson appeared to politicize what is supposed to be a non-political office and judicial function.  Here is the press release, which was forwarded to me by someone on the Mass GOP’s email list:

 

For Immediate Release
October 8, 2012
Contact:
Tim Buckley

MassGOP Sends Letter To SJC Questioning Recent Comments By Michael Fredrickson That “Appear To Advance A Partisan Agenda”

Boston- Today, MassGOP Chairman Bob Maginn sent the following letter to the Honorable Chief Justice Roderick L. Ireland of the Supreme Judicial Court regarding recent comments made by Board of Bar Overseers General Counsel, Michael Fredrickson. The letter raises concerns about Mr. Fredrickson’s public comments that “appear to advance a partisan agenda that is inconsistent with any agency within the judicial branch.”

Supreme Judicial Court
The Honorable Roderick L. Ireland
John Adams Courthouse
One Pemberton Square, Suite 2500
Boston, MA 02108

October 8, 2012

RE: Michael Fredrickson

Dear Chief Justice Ireland:

I am writing to express concern that the Board of Bar Overseers General Counsel Michael Fredrickson has made public comments without the benefit of any investigation or due process regarding legality of U.S. Senate candidate Elizabeth Warren’s practice of law from her office in Cambridge without admission to the Massachusetts bar. Mindful that Attorney Fredrickson has a fine reputation as General Counsel to the Board of Bar Overseers (“BBO”), a fictional writer, and law professor, I am nonetheless compelled to make your office aware of his recent public statements, as follows:

• “Michael Fredrickson, general counsel for the BBO, says he does not believe a law professor would be considered to have ‘a continuous presence’ or ‘an office practicing law.’ ‘If they actually practice here – as some part-time law professors at some of the smaller schools do – they might,’ Fredrickson says. ‘But being a professor at one of the large schools, their office is a professor’s office, and the fact that they tend to dabble in the practice of law doesn’t run afoul of our rule. I don’t think Elizabeth Warren would fall within that, such that she would have to register here.’ (Lisa Keen, “Warren law license matter called non-issue,” Mass Lawyers Weekly, 9/24/12).

• “Fredrickson stated that he did not purport to determine whether Warren violated the applicable law. He said he was just ‘speaking hypothetically’ and not specifically as to Warren because ‘I know so little about Elizabeth Warren and her practice.’” (http://legalinsurrection.com/2012/09/no-mass-board-of-bar-overseers-has-not-exonerated-elizabeth-warren/)

• “Fredrickson confirmed that he did make the comments attributed to him in MLW, but also made clear that he was not speaking on behalf of the BBO. Fredrickson said it was his ‘personal reading’ of the law, and that he was ‘not speaking on behalf of the Board of Bar Overseers.’” (http://legalinsurrection.com/2012/09/no-mass-board-of-bar-overseers-has-not-exonerated-elizabeth-warren/)

Taking into consideration the honored tradition of the Supreme Judicial Court (“SJC”) and the BBO with regard to not politicizing the carrying out of your respective responsibilities, Mr. Fredrickson’s public comments appear to advance a partisan agenda that is inconsistent with any agency within the judicial branch. Foremost, Mr. Fredrickson’s statements arrived in the public dialogue devoid of any formal investigation, fact finding, or proper evaluation. Further, upon consultation with counsel, I understand Mr. Fredrickson’s conclusions to be incorrect. As a threshold, the part-time practice of law is not any less the practice of law; and, without an appropriate exception to the Rules of Professional Conduct, a license is required for the practice of law in the Commonwealth. Lastly, while I notice Mr. Fredrickson’s repackaged his statements as those of his own and not of the BBO they still may be attributable as opinions of the SJC and the BBO without a formal correction.

In view of the aforementioned, it may be appropriate for the SJC or the BBO to issue a statement recognizing the lack of authority and enforceability of Mr. Fredrickson’s personal views. Accordingly, with this correspondence, I deferentially request that the SJC issue a statement or direct the BBO to issue a statement to that effect.

Respectfully,

Bob Maginn

cc:
Susan Mellen, Supreme Judicial Court, Clerk
Christine P. Burak, Legal Counsel to the Chief Justice
Michael Fredrickson, Board of Bar Overseers, General Counsel
David S. Mackey, Board of Bar Overseers, Chair

Several readers have alerted me to a prior disciplinary problem Fredrickson had at the BBO in which he let a personal agenda get in the way of his job responsibilities.

Whatever the motivation of Fredrickson, his statements need to be corrected forcefully and promptly.

[Note: The title of this post was changed shortly after publication]