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| 2 | 2 | | HOUSE DOCKET, NO. 3608 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1671 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Joseph D. McKenna and Peter J. Durant |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act granting Indian tribes access to the Massachusetts courts. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/20/2023Peter J. Durant6th Worcester1/31/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3608 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1671 |
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| 18 | 18 | | By Representatives McKenna of Webster and Durant of Spencer, a petition (accompanied by |
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| 19 | 19 | | bill, House, No. 1671) of Joseph D. McKenna and Peter J. Durant relative to Indian tribe access |
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| 20 | 20 | | to the Massachusetts courts. The Judiciary. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act granting Indian tribes access to the Massachusetts courts. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Chapter 221 of the General Laws as appearing in the 2020 Official Edition is hereby |
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| 30 | 30 | | 2amended by adding the following new section: |
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| 31 | 31 | | 3 SECTION X: |
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| 32 | 32 | | 4 Section 1. Individual or individuals serving on behalf of an Indian Tribe that has received |
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| 33 | 33 | | 5official recognition by the Commission on Indian Affairs shall be granted permission to |
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| 34 | 34 | | 6represent said Tribe on matters before the full legal system of Massachusetts and shall not be |
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| 35 | 35 | | 7deemed to be in violation of M.G.L. Chapter 221, section 41, M.G.L. Chapter 221, Section 46A, |
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| 36 | 36 | | 8or any other statute prohibiting self-representation or fraudulent practice of law. |
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| 37 | 37 | | 9 Section2. Any individual or individuals representing an Indian Tribe before the courts in |
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| 38 | 38 | | 10Massachusetts must submit to the courts an affidavit attesting to their status as a non-lawyer, that |
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| 39 | 39 | | 11they have not passed the Massachusetts bar, and that they are not representing themselves to be a 2 of 2 |
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| 40 | 40 | | 12licensed practitioner of law. Failure to provide such affidavit shall constitute a violation of |
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| 41 | 41 | | 13M.G.L. Chapter 221, sections 41 and 46A. |
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| 42 | 42 | | 14 Section 3. Such rights and privileges of ‘self-representation’ may only extend full Tribal |
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| 43 | 43 | | 15matters and shall not extend to individual members of such Tribes. |
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