May 24, 2010

Statement of
Chief Justice Margaret H. Marshall and
Chief Justice for Administration & Management Robert A. Mulligan
The recent media coverage of the Office of the Commissioner of Probation raises

serious issues concerning the hiring and promotion of probation officers and other

management practices within the Probation Department of the Trial Court. We are

deeply concerned with not only the proper administration of the Probation Department,

but with how such reports may affect the public’s perception of the integrity of all aspects

of the judicial branch. The reporting by the Boston Globe Spotlight Team requires a full,

prompt and independent inquiry.

Therefore, in consultation with Chief Justice Mulligan, the Justices of the

Supreme Judicial Court have appointed Paul F. Ware Jr., Esquire, as Independent

Counsel with the powers of Special Master and Commissioner to conduct an inquiry into

the management practices and procedures of the Probation Department that have given

rise to these concerns.

Mr. Ware is a senior trial counsel at the Boston law firm of Goodwin Procter,

where he has been a partner since 1978. He has previously served as trial counsel for the

Office of Independent Counsel in connection with aspects of the Iran Contra

Investigation, and as Special Counsel to the Commission on Judicial Conduct. In March

2007, the Attorney General appointed him as a Special Assistant Attorney General

assigned to oversee the criminal investigation into the July 2006 Central Artery Tunnel

collapse.

Pending completion of Independent Counsel’s inquiry and report, Commissioner

of Probation John J. O’Brien is placed on administrative leave, effective immediately.

Ronald P. Corbett, Jr., Executive Director of the Supreme Judicial Court and the former

Deputy Commissioner of Probation, is appointed the acting administrator of the

Probation Department until further notice.

We know that there are many dedicated employees of the Probation Department

who perform their professional duties every day, ensuring public safety while providing

appropriate guidance to and supervision of persons placed in their charge as probationers.

We are committed to working with them and others throughout the judicial branch to

ensure that the highest standards of excellence in all aspects of judicial administration

will continue to be met. Probation has long been a vital part of the Judiciary and we will

continue to ensure that it provides a safe, effective alternative to costly incarceration for

appropriate offenders.

See attached Order of the Supreme Judicial Court