U.S. Attorney for the District of Massachusetts Rollins announces appointment of First Assistant U.S. Attorney

Rachael S. Rollins announced that Joshua S. Levy has been appointed to serve as First Assistant United States Attorney for the District of Massachusetts. Levy was formally sworn-in today by U.S. District Court Chief Judge F. Dennis Saylor IV.

“Mr. Levy has distinguished himself as someone with outstanding character, judgment and expertise,” said U.S. Attorney Rollins. “His decades as a litigator on a wide range of criminal and civil matters have allowed him to cultivate an excellent legal acumen that will be an invaluable asset to me and this Office. Mr. Levy is a tireless and dedicated attorney, and I am confident that his breadth of experience will serve this District well. I look forward to working closely with him in this new capacity.”

Mr. Levy has over 25 years of legal experience and, prior to his appointment as First Assistant U.S. Attorney, was a partner at the global law firm, Ropes & Gray LLP and co-chair of the firm’s global Litigation and Enforcement practice group. At Ropes & Gray, Mr. Levy specialized in white-collar and complex civil litigation – particularly in the health care, pharmaceutical, medical device and Health IT industries. In 2016, he was named as one of the Lawyers of the Year by Massachusetts Lawyers Weekly and, in 2021, he was named co-managing partner of Ropes & Gray’s Boston office.

Previously, Mr. Levy was an Assistant U.S. Attorney for the District of Massachusetts, from 1997 to 2004, serving in the Criminal Division’s Economic Crimes Unit. There, he prosecuted a wide range of white-collar crimes including health care fraud, securities and investor fraud, terrorism financing and environmental crimes.

Mr. Levy spent the first four years of his legal career at Ropes & Gray LLP. During that time, Mr. Levy was assigned a six-month rotation with the Middlesex County District Attorney’s Office in the Cambridge District Court. Prior to that, he was a law clerk for the Honorable Harold Herman Greene with the U.S. District Court for the District of Columbia.

Mr. Levy graduated magna cum laude from Georgetown University Law Center in 1992, where he was associate editor of the Georgetown Law Journal. He received his Bachelor of Arts in History from Brown University in 1987.




Baker Administration Secures Contract for 26 Million Rapid Antigen Tests

Today the Baker-Polito Administration announced an order was placed with iHealth to supply the state with 26 million rapid antigen tests over the next 3 months. The tests will be prioritized to support K-12 schools and childcare settings. The agreement allows for shipments of tests to arrive on a rolling basis in the Commonwealth, but the Administration warns that the timing and shipment amounts will vary depending on international shipping and production variables.

The Baker-Polito Administration also released a public health advisory this week to advise all residents on when to seek tests for COVID-19. The advisory advises all residents to seek COVID-19 tests when exhibiting COVID symptoms, or five days following a known close contact with someone diagnosed with COVID pursuant to MA DPH quarantine and isolation protocols, updated as of December 29 in accordance with the new CDC guidance.

The new isolation protocols do not require a COVID-19 test to exit isolation after having COVID. This general rule also applies to childcare and K-12. Additional information on testing protocols for specific situations in childcare can be found here and for K-12 can be found here.

The new quarantine protocols recommend, but do not require, all exposed individuals get a test five days after exposure. Exposed individuals do not need to quarantine in the following circumstances:
– If fully vaccinated and not yet eligible to receive a booster OR
– If fully vaccinated and have received their booster OR
-0 If they had COVID and it is less than 90 days since they were diagnosed. For more details visit here.

DPH advises that a positive COVID-19 rapid antigen does not need to be confirmed with a PCR test.

DPH recommends individuals that have COVID symptoms and test negative with a rapid antigen test should isolate and either repeat an antigen test or get a PCR test in 24-48 hours if they continue to exhibit symptoms. Additionally, DPH does not advise employers, or schools and childcare, to require a test as a condition of returning to work or school.

View the public health advisory here.

Vaccination and getting a booster remain the best possible protection against COVID. There are almost 1,000 locations in the Commonwealth for residents to receive a COVID-19 vaccine or booster. Visit VaxFinder.mass.gov to book an appointment.

Massachusetts National Guard

Governor Baker also today activated 500 additional members of the Massachusetts National Guard to support the state’s health care system. This order expands the National Guard activation of 500 members announced on December 21 to support non-clinical functions in the Commonwealth’s hospitals. Prioritized uses for the newly activated 500 members will be to provide additional non-clinical staffing at community hospitals and high-volume emergency departments, public hospitals, skilled nursing facilities and dialysis centers. These guard personnel will be deployed beginning the week of January 17.




Massachusetts Senate Restarting Push For Homeless ID Cards

Michael P. Norton
State House News Service

After last session’s effort died in the House, the Massachusetts Senate is taking another run at the idea of creating a process for homeless individuals to apply for official state identification cards.

The Senate Ways and Means Committee on Monday approved legislation (S 2612) requiring the Registry of Motor Vehicles to create Massachusetts identification card application process for a person who is homeless. Under the bill, the fees associated with obtaining an ID card would be waived but applicants would be required to “submit proof of residency by providing documentation satisfactory to the registrar from a homeless service provider or from a department, division, office or agency of the Executive Office of Health and Human Services that provides services to the individual,” according to a bill summary.

The Senate put the bill on its calendar for Thursday, when its passage appears likely. The Senate in February 2020 unanimously approved a similar bill which died without a vote in the House Ways and Means Committee. During debate on the bill in 2020, its chief sponsor Sen. Harriette Chandler of Worcester said ID cards are essential for everyday life and a building block for success, but the fees and bureaucracy associated with obtaining cards are viewed as insurmountable by homeless individuals.

A study commissioned by the state identified nearly 4,000 unaccompanied homeless youth across the state in 2018, Chandler said, identifying that group as a population that would benefit from ID cards in order to apply for jobs, enroll in schools, open bank accounts and do other things “that we all take for granted.”




Scott Kruger Appointed New Bedford Fire Department Chief

Mayor Jon Mitchell has announced his appointment of Acting Fire Chief Scott Kruger as Fire Chief for the City of New Bedford.

In New Bedford, candidates for fire chief are selected based on performance on a state-administered Civil Service examination and assessment process. Results from the most recent Civil Service exam were recently released, with Kruger the top-scoring candidate. Mayor Mitchell has asked the City Council to confirm Kruger’s appointment.

Kruger is a veteran of the New Bedford Fire Department and has 31 years of City service, most recently including his position as Acting Fire Chief since August 2020. In this role, Kruger has led the Fire Department capably through some of the most challenging periods of the pandemic.

Kruger began his service to the City in 1991, as an emergency medical technician with New Bedford Emergency Medical Services. He joined the New Bedford Fire Department two years later and steadily advanced in rank, serving as a firefighter from 1993-2001, as a lieutenant from 2001-06, as captain from 2006-10, as a district chief from 2010-19, and as acting deputy fire chief from February 2019 until he assumed the Acting Chief role in August 2020.

Kruger has received specialized training across a number of fire safety areas in the course of his career, including a degree in fire science technology from Bristol Community College in 2000 and multiple coursework at the National Fire Academy in Emmitsburg, Maryland.

As a licensed EMT-paramedic, Kruger’s medical training has also translated into local impact, with Kruger having played an important role, for example, in ensuring that emergency response vehicles in New Bedford are equipped with EpiPens, lifesaving devices that serve people suffering severe allergic reactions, as well as with the drug hydroxocobalamin, in packages known as cyano-kits, which aid in the treatment of severe smoke inhalation.

“Chief Kruger exemplifies what it means to be a professional firefighter. His long record of service to the City of New Bedford speaks for itself,” Mayor Mitchell said.

Mitchell added, “The Chief’s strong leadership skills and experience have proven invaluable during the most difficult days of the pandemic, as he’s worked tirelessly to ensure the health and safety of our residents and the firefighters under his command.”




Massachusetts Gov. Baker nominates Sarah Joss and Kristen Stone as Associate Justices of the District Court

Governor Charlie Baker nominated Sarah Joss and Kristen Stone as Associate Justices of the District Court. Attorneys Joss and Stone have a combined 37 years of legal experience.

“The decades of experience in public service that Sarah Joss and Kristen Stone will bring to the District Court and the people of the Commonwealth make them well-qualified candidates,” said Governor Charlie Baker. “I look forward to the Governor’s Council’s consideration of their nominations for these appointments.”

“I am pleased with the nomination of these two distinguished attorneys,” said Lt. Governor Karyn Polito. “I am confident that their skills and knowledge will allow them to serve all those who will appear before them with fairness and justice.”

The District Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. District Court criminal jurisdiction extends to all felonies punishable by a sentence up to five years, and many other specific felonies with greater potential penalties; all misdemeanors; and all violations of city and town ordinances and by-laws. The District Court is located in 62 courts across the Commonwealth.

Judicial nominations are subject to the advice and consent of the Governor’s Council. Applicants for judicial openings are reviewed by the Judicial Nominating Commission (JNC) and recommended to the governor. Governor Baker established the JNC in February 2015 pursuant to Executive Order 558, a non-partisan, non-political Commission composed of volunteers from a cross-section of the Commonwealth’s diverse population to screen judicial applications. Twenty-one members were later appointed to the JNC in April 2015.

About Sarah Joss

Sarah Joss began her law career in 1996 as a legal assistant in the litigation department of Foley Hoag, LLP before receiving her law degree and serving as an associate at the firm beginning in 2001. From 2003 to 2014,

Attorney Joss served as an Assistant Attorney General in the Office of the Massachusetts Attorney General, where she practiced defensive litigation on behalf of state agencies and handled a varied case load, ranging from torts, to civil rights, and more. Since 2014, Attorney Joss has worked in various roles for the Massachusetts Probation Department, and currently serves as the Department’s Deputy Commissioner for Legal Services and Legal Counsel. Outside of her career, she is the Clerk and Chair of the Scholarship Committee for the Board of the Ipswich Music, Art and Drama Association (IMADA).

Attorney Joss received her bachelor’s degree from Wheaton College in 1996 and her Juris Doctorate from the University of Chicago Law School in 2001.

About Kristen Stone

Kristen Stone began her legal career in 2003 as an Assistant District Attorney in the Plymouth District Attorney’s Office, where she worked until 2014. From 2015 until 2017, Attorney Stone served in the Office of the Massachusetts Attorney General, first as an Assistant Attorney General in the Criminal Bureau, Enterprise, Major and Computer Crimes Division and later in the White Collar and Public Integrity Division.

Currently, she serves as Deputy General Counsel of the Administrative Office of the District Court, where she advises and makes recommendations on legal issues and ethical considerations. Prior to earning her law degree, she worked as a licensed clinical social worker at Bridgewater State Hospital from 1997 until 1999. A resident of Hanover, Attorney Stone participates in the Rock Steady Boxing Program for Parkinson’s Disease, and has previously served as a volunteer soccer and lacrosse coach for the Hanover Youth Athletic Association.

Attorney Stone received her bachelor’s degree from Harvard University in 1988 before earning her master’s degree from the Boston College Graduate School of Social Work in 1997. Attorney Stone earned her Juris Doctorate from Suffolk University Law School in 2003.




Top Maine Lawmaker Pushes for Free School Meals in Massachusetts

Katie Lannan
State House News Service

Lawmakers advocating to make school meals available to all students at no cost got a hand Tuesday from a New England neighbor, as Maine Senate President Troy Jackson urged Massachusetts to follow his state’s lead in passing the bill.

Introducing himself as “a fifth-generation logger from northern Maine,” Jackson spoke of his own experience accessing reduced-price meals as a child, saying some of his classmates thought he was rich because his lunch wasn’t free while others looked down on him for not paying full price. He testified before the Education Committee in support of universal school meals legislation (H 714, S 314) from Democrats Rep. Andy Vargas of Haverhill and Sen. Sal DiDomenico of Everett. Under the bills, families would not be required to sign up for free meals or provide income information.

“As a lawmaker, and more importantly as a parent, I want children in Maine and all across this great nation to get a chance to focus on being kids, on playing with their friends and learning how to read, not worrying about where their next meal is going to come from and who’s going to pay for it,” Jackson said. “Now I imagine the folks in Massachusetts want the very same thing that I do. No child should have to ever prove that they’re worthy of nutritious food, regardless of which state that they live in.”

DiDomenico, the committee’s Senate vice chair, said a quarter of food-insecure children in Massachusetts do not qualify for free or reduced-price lunch and breakfast. “This is important because we can’t wait for next year or two years from now,” he said. “Our children are hungry today.” Vargas said students are more academically successful with universal free meals, making them “just as essential as universal free desks and visits to the school nurse.”




New Bedford Public Schools Athletics pauses due to COVID

New Bedford Public Schools will be pausing all athletic practices and competitions through this Friday, January 7, due to an increase in positive COVID-19 cases among several different ​ athletic teams, Superintendent Thomas Anderson announced today. “In consultation with the New Bedford Department of Health, we have been advised to pause participation in our athletic programming including practices and games for one week, beginning today, and continue with test and stay over the next four days,” he said in a memo to School Committee members today.

“As the number of positive cases continue to rise in our community, we are also experiencing an increased number of positive cases on our athletic teams. We now have several teams proactively participating in the Test and Stay Program due to an increasing number of positive cases over the past weekend,” he said.

Thomas Tarpey, NBPS Director of Physical Education, Health & Athletics stated, “out of an abundance of caution, we have put a pause on all Athletics at New Bedford Public Schools for the remainder of this week. We will re-evaluate this weekend and hope to be up and running again on Monday.”

Jodi Spencer, NBPS Manager of Health Services, noted, “The safety of all our students and staff is our foremost priority and this pause in activities will help to limit spreading infections. As the situation is highly fluid, we will be assessing positivity rates on an hourly basis, which will inform our determination regarding extending this pause in Athletics and for any other district events or activities going forward.”




Healey Campaign Reports Raising $400K in December

By Matt Murphy
State House News Service

Attorney General Maura Healey will report raising more than $400,000 in December, the Democrat’s largest fundraising month ever, adding to the $3.3 million she has on hand as she weighs whether to seek the governor’s office this year.

Healey’s campaign committee said Monday that she raked in $403,351 from 1,140 donors last month, more than doubling her previous monthly record. The haul brings her campaign account’s balance to $3,666,104.

“Maura is grateful for the tremendous support she continues to receive from every corner of this state,” said Corey Welford, a Healey committee spokesman.

Sen. Sonia Chang-Diaz and Harvard professor Danielle Allen, the two Democrats already in the race, also released numbers for December, reporting $102,606 and $83,000 raised respectively.

Chang-Diaz’s monthly total came from more than 650 contributors, 80 percent of whom live in Massachusetts, and she more than doubled her take from November. Seventy-two percent of the Jamaica Plain Democrat’s donations were for $100 or less.

“It’s clear that Sonia is the people’s choice for Governor,” said Joshua Wolfsun, Chang-Díaz’s acting campaign manager. “This campaign is being powered by working families across the state who know it’s time for real, urgent change in our government. Sonia’s led that fight for her whole career and beaten insiders’ assumptions over and over — and people across Massachusetts are joining her to do it again.”

According to Healey’s team, 91 percent of donors contributing to the attorney general’s political committee were from Massachusetts. The complete report has not yet been posted online by the Office of Campaign and Political Finance.

Healey has been openly weighing whether to run for governor in 2022, but the focus on her decision has intensified in recent weeks since Gov. Charlie Baker and Lt. Gov. Karyn Polito both said last month they would not be candidates for the office this year.

Over the summer, Healey said she hoped to make a decision by the fall, but as the seasons have changed the window for her to announce a decision before Democrats caucus in February to elect delegates to the statewide nominating convention later this year has narrowed.

Last week, former state Sen. Benjamin Downing announced that he was withdrawing from the race, citing a lack of funds to continue. Downing’s exit left Chang-Diaz and Harvard professor Danielle Allen as the two major declared candidates in the race, with U.S. Labor Secretary Marty Walsh also weighing a run.

Allen had a total of $386,270 in cash on hand at the end of November, while Chang-Diaz’s campaign said she now has $248,000. Interest in support Healey surged after Baker’s decision last month, with supporters holding a number of events for the attorney general in December.

December is typically a big month for elected officials to fundraise around the holidays in an effort to max out donors before the new year when contribution limits reset and supporters are free to give again. Individual donors are allowed to give up to $1,000 a year to any one candidate’s committee.




Massachusetts Gas Prices Not Falling as Fast as Elsewhere

Chris Lisinski
State House News Service

Gasoline prices in Massachusetts have been ticking downward over the last month, but the pace of change has been slower than the national average and Bay Staters continue to pay more at the pump than drivers in many other states.

The average price for a gallon of gasoline in Massachusetts is now $3.38, AAA Massachusetts reported Monday. That’s down 1 cent from the average price a week ago and 4 cents from the average price one month ago. Compared to last year, gas prices are still elevated, landing $1.19 higher than the $2.19 per gallon average price on Dec. 27, 2020, AAA Massachusetts said.

“Gasoline prices fluctuated over the past few days as fears of an omicron-driven economic slowdown were countered by news of a severe fire at a major oil refinery in Texas,” said AAA Massachusetts Director of Public and Government Affairs Mary Maguire.

The state’s average price is 10 cents higher than the national average of $3.28 per gallon Monday, which itself is down 2 cents from last week and 11 cents from a month ago but still $1.03 more than this time last year.




Vaxed And Boosted Face “Extremely Low” Risk, Baker Says

By Chris Lisinski and Colin A. Young
State House News Service

People who have been both vaccinated and boosted against COVID-19 face an “extremely low” risk from the fast-spreading omicron variant, Gov. Charlie Baker said Wednesday as he defended his resistance to mandating mask-wearing or reimposing other mitigation measures.

Top-ranking Democrats in the Legislature are unhappy with Baker’s approach to the ongoing COVID-19 surge fueled by the omicron variant, calling for him to pursue more stringent options such as requiring schools to opt out of pooled testing programs rather than opt in.

Senate President Karen Spilka on Tuesday urged Baker to replace his newly revived mask advisory with a full mandate requiring, rather than just recommending, individuals to cover their faces in indoor public spaces.

Her suggestion did not gain any traction with the Republican governor, who replied Wednesday that he believes “the policies we’ve put in place and the protocols we’re pursuing at this point in time are the right ones.”

Legislative leaders, who plan to meet in lightly attended informal sessions until early January, so far have communicated no interest in forcing additional action through votes. Two key Democratic senators said Wednesday that it is “the Governor’s responsibility” to use his executive powers to impose temporary public health measures.

Baker noted in a GBH News radio interview that mask mandates are still in place in several settings, including nursing homes and schools that have not secured vaccination-based waivers relieving them from the requirement.

“In some respects, what we’ve tried to do with our strategies generally now that we have 5 million people in Massachusetts who are vaccinated and almost 2 million people who are boosted — and we have rapid tests — is to recognize and understand that our strategy at this point is sort of layered and multi-dimensional,” Baker said.

“There are going to be a lot more cases because omicron is very contagious, but people need to understand that the vaccines and the number of people in Massachusetts that have gone out and gotten vaccinated and gotten boosted — their risk is extremely low,” he later added. “It’s important for everybody to understand that vaccines and boosters are in fact doing exactly what they were supposed to do, and they are our best defense.”

Work is underway to open a booster shot clinic in January at Fenway Park, which last year served as a mass vaccination site in the initial vaccine rollout. Baker said Wednesday that the most significant challenge to booster clinics is finding available staff, which is “part of the reason why some of this might happen a little bit after the holidays as opposed to before.”

The administration does not have any plans in place to open a similar booster clinic in western Massachusetts and will instead look to relaunch a regional collaborative that had previously been in place in Berkshire County.

Federal Support Could Reduce Staffing Pressure
During his interview on GBH, Baker was asked about the federal measures President Joe Biden announced this week to step up the coronavirus response and said he expects that Massachusetts will benefit from Biden’s orders deploying more vaccinators and vaccination/booster sites.

“I don’t think we’re going to get pop-up sites from them, but I think we’re going to get people. And at this point in time, people in some respects, given all the issues everybody has with staffing, are every bit as important as having a site,” Baker told GBH hosts Jim Braude and Margery Eagan. “And for us, that’ll translate into a whole variety of additional sites in communities where we would like to expand access.”

Baker said the president’s actions “will make it possible for us to go even bigger in places like Brockton and Everett and down on the Cape where we have some issues and in Taunton and in Roxbury and in Lynn.”

Earlier in the day, Baker touted rapid tests as a key feature in the state’s evolving pandemic response, even as many residents complain the kits are difficult to find in stores.

“The frustration people feel is real, but this is something we’ve been on for months and I’m glad to see the feds finally get there,” he said after a State House event. “We’ve done a lot of things to alleviate some of the concerns people have about access and availability. You can also order them online. I can tell you by my own experience, having ordered many rapid tests online recently from Walmart, they landed on our front porch within two to three days.”

A day after avoiding any direct response to Boston Mayor Michelle Wu’s new policy to require proof of vaccination to enter many indoor spaces starting next month, the governor engaged on the topic a bit more Wednesday.

“It’s not like everybody says ‘it’s awful,’ or everybody says ‘it’s great.’ There’s mixed opinions on it and a lot of people want to know exactly how it’s gonna work. I think the fact that the date is, I think, what, January 15? That does give people a little while to figure out the answers to some of those questions,” he said.

Baker also said that the protests at City Hall while Wu announced the new policies were “not helpful at all in any way.” Republican candidate for governor Geoff Diehl, a former state representative with whom Baker does not often see eye-to-eye, was among those arguing Monday that Wu was depriving people of their civil rights.

“It doesn’t offer solutions, it’s not constructive and it doesn’t help people sort of get from where we are to where we need to go,” Baker, who refused to say whether he might support Diehl or any other candidate for governor next year, said when asked whether Diehl has an argument.

The governor added, “If you’re not going to be offering solutions or constructive advice, or providing alternatives, then you’re not really helping very much because these are serious times and these are serious issues. Serious people are trying to do things to work us through it and that should be respected and understood.”

While Baker is opposed to policies like Wu’s that require businesses to screen customers for proof of vaccination, he said Wednesday that a digital way to present proof of COVID-19 vaccination similar to the passports used in other states is still expected to be available in Massachusetts “soon.”

On GBH last month, Baker said his administration was working with more than a dozen states “to try to create a single QR code that can be used for all sorts of things where people may choose to require a vaccine.” He said at the time that it would be ready “soon.” On Wednesday, Braude asked for a status report and Baker would only say it “should be ready soon.”

“A lot of people have asked us to create this so that they would have it and so they could download it and we get it,” Baker said. “We understand it and we’re working on it.”

Eyeing More ARPA Spending
As Massachusetts heads toward the end of the calendar year, the Baker administration is working to put $4 billion in American Rescue Plan Act and surplus tax revenue dollars to use.

Lawmakers missed their deadline of mid-November to get the bill to Baker, but found compromise and sent it to his desk a few weeks later. The timing works out, Baker said, because officials can align the spending approved from those pots with the administration’s capital plan as well as money flowing to Massachusetts under the $1.2 trillion infrastructure package Biden signed into law.

“There are ways to use all three of those in a concert of decision-making,” Baker said. “There’s a way to make all of those dollars go farther because of the availability of all three programs.”

With $2.3 billion in ARPA dollars unspent, Baker said he plans to file a proposal “some time after the first of the year” to use the remaining funding on housing, environmental infrastructure — particularly combined sewer overflows — and downtown revitalization.

“There is the possibility we can use some of the money in the federal infrastructure bill to deal with some of those issues, and we can do a lot with culverts in the federal infrastructure bill as well,” Baker said. “I know that’s boring to everyone but me, but every time it rains and your downtowns flood and your communities flood, you should know it’s because our environmental infrastructure is inadequate to deal with the storms we have these days.”

[Chris Van Buskirk contributed reporting]