A convicted Massachusetts attorney has been disbarred
The respondent submitted an Affidavit of Resignation to the Board of Bar Overseers, see S.J.C. Rule 4:01, § 15, in which he described two criminal convictions against him, both for indecent assault and battery. In the first matter, he was found guilty on January 14, 2019, after trial, of three counts of violation of M.G.L. c. 265, § 13H, and sentenced to eighteen months in jail, six months to serve and two years of probation with conditions. On May 14, 2019, he pled guilty in the second matter to three counts of violation of M.G.L. c. 265, § 13H. On the first count, he was sentenced to two years in jail to be served consecutively with his first sentence. On the second count, he was sentenced to two years in jail to be served consecutively with count one. The third count conviction resulted in a term of probation for four years, with conditions. The criminal conduct occurred in connection with the practice of law. The respondent completed his jail sentence in June 2022, and was released from prison on conditions.
Mass Live reported on the criminal case
James J. Martin, a Western Massachusetts lawyer, must serve six months in the Hampden County Correctional Center in Ludlow after being convicted of three counts of indecent assault and battery.
Hampden Superior Court Judge J. Gavin Reardon Jr. sentenced Martin, 41, of Amherst, to 18 months in the Ludlow jail and ordered that six months be served. The rest is suspended with two years probation.
The woman who accused him was talking with him in November 2015 because she faced foreclosure of her house from the bank Martin was representing. The incident happened when Martin followed her to her car outside Westfield District Court.
Reardon delivered his verdict Monday in the jury-waived trial.
Martin chose not to take the stand in his own defense.
Defense lawyer Alan J. Black asked Reardon to sentence Martin to only probation and no jail time. Assistant District Attorney Eileen Sears asked for a sentence of a year in the Ludlow jail plus three years probation.
The three counts of which he was convicted charged that Martin touched the women’s breasts and between her legs and put his tongue in her mouth while trying to kiss her. Reardon found Martin not guilty of a charge assault and battery that alleged he pushed her into the driver’s seat in her car.
The victim told Reardon at the sentencing she now feels afraid all the time. Before the incident she had enough worries, she said, with one ill child and another with a disability.
She said while Martin is “sitting there thinking about how hard it is for you,” he should understand his own actions landed him in jail.
Sears said Martin exploited his position as a lawyer, casting aside legal and ethical responsibilities. She said although the victim expressed some sympathy for the position Martin put himself in, “I don’t feel any sympathy for him.”
Black said Martin, who has no criminal record, has two daughters ages two and four and his divorce has just finished. He said the children live with their mother. Martin has been on disability and receiving $900 a month, which he is using to help the children, Black said.
“You lose disability when you go to jail,” Black said.
He said Martin will be punished a lot, “jail or no jail.” Black said the state Board of Bar Overseers has been waiting for the trial and will probably take action so Martin “probably won’t be able to practice law for a very, very long time.”
Black said Martin has been seeing a therapist for two years.
“Since this all happened I think re realized he has some issues,” Black said of Martin.
Martin faces two more trials, one in February and one in March. He is accused of indecent assault and battery against two women, and in the case of one of those women he is charged with rape.
Hampden District Attorney Anthony D. Gulluni issued a statement saying, “I thank the victim for her courageousness in coming forward and working with my office to ensure justice can be served. Regardless of one’s profession or position in the community, this type of behavior is unacceptable, unlawful, and will continue to be treated with the utmost seriousness by my office.”
“I would like to thank Assistant District Attorney Eileen Sears, who worked hard over several years with this case and did an excellent job securing the convictions,” he said.
(Mike Frisch)
