Success Story for court employees

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http://www.metrowestdailynews.com/news/local_regional/dedh_court08162002.htm

Judge rules for court employees: Hearing next week will consider how and when move will happen

By Hartzel

Friday, August 16, 2002

DEDHAM - A judge yesterday ordered the state to move the Norfolk Probate and Family Court from its downtown Dedham courthouse, siding with court employees who have maintained for years the facility makes them sick and impedes the court's ability to deliver justice. In a 33-page ruling, circuit Superior Court Judge Donovan dictated that the state sign and execute a lease to temporarily relocate the court. Her ruling was based on evidence and testimony from a 10-day Norfolk Superior Court bench trial in July. "It's a complete victory for the people of the court and shows that what they've gone through in the last decade is real," said Milne, the attorney for court employees who sued the state to force relocation.Milne represented more than 50 court employees, lawyers and others who took legal filed suit against the state after years of frustration during which their concerns were ignored or tied up in bureaucratic red tape. Milne argued that overcrowding, lack of air ventilation, fire safety code violations and other health hazards make the county-owned Registry of Deeds building - whose basement and second floor houses the court - "constitutionally inadequate." In her ruling, Donovan noted that the state defense didn't even try to dispute many of the complaints about the courthouse.The Massachusetts Attorney General's Office, which defended the state and argued Donovan had no authority to order relocation, said it will not appeal the decision. "The state defendants are prepared to comply with order of the court," the Attorney General's Office said in a statement issued yesterday. Defendants included Perini, commissioner of the Division of Capital Asset Management; Barbara Dortch-Okara, chief justice of trial court administration and management; and Dunphy, chief justice of probate courts. Donovan will hold a hearing next week to consider implementation of her order. State building officials have already selected a new office building at 35 Shawmut Road in Canton the winning bidder to house the court. Property owner Salah won with a low bid of $4.6 million for a five-year lease. Five other properties in Canton, Westwood and Dedham were considered.The question of funding for leased space enveloped the recent trial but was answered last week when acting Gov. Jane Swift last week signed legislation authorizing $5.5 million for relocation. Donovan's ruling is crucial because the Division of Capital Asset Management still hadn't signed a lease for the court - even after funding, which the agency had said was the main obstacle preventing a move, became available. DCAM Commissioner Perini was the lead defendant in the sick building case.Salah has said his Shawmut Road property could be ready for the court within 60 days. "On the outside (the move) would be by Dec. 1, but it's looking likely it could be even sooner than that," said Milne. Legislation signed by Swift also provides for the rehabilitation of the Registry of Deeds building.Dedham officials hope the court will move back following a five-year stay in Canton. A master plan for Norfolk County calls for construction of a new courthouse, but that could be years or decades away. Schmidt, the Norfolk register of probate and lead plaintiff in the case, said yesterday that he hopes to work with state and local officials to provide a new permanent home for the court in Dedham. But thoughts of the future couldn't stop Schmidt from savoring yesterday's long-sought and hard-fought victory. "It was a long battle," he said. "It's certainly a great feeling." Dedham reporter Hartzel can be reached at 781-433-8368 or phartzel@....

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