By Victoria Kelleher, Past President, MACDL
Joe Balliro Sr., a giant of the defense bar, passed away peacefully on August 10, 2022. His impact on the defense community is difficult to overstate. He possessed both passion and unshakeable dignity. He remained true to the profession’s highest calling — he had the guts to challenge the abuse of authority, the intellect to choose his words carefully, and the wherewithal to bring the force with him for the fight.
Before there was the Massachusetts Association of Criminal Defense Lawyers (MACDL), there was Joe. A visionary who dedicated himself to his profession and colleagues as much as he did his clients, Joe Balliro led the way in demonstrating how an organized response by the defense bar could defeat government abuse.
In 1989, MACDL was not the organization that it is today. Meetings were irregular and poorly organized, with little productivity outside of amicus filings. At the same time, prosecutions of large scale drug trafficking operations were increasing, and prosecutors assumed that defense lawyers were either corrupt or especially vulnerable to the lure of the trade. Debate swirled nationwide as defense lawyers were singled out for prosecution, including US Attorney O’Sullivan’s TV appearance in which he disparaged defense lawyers for representing so-called “powerful drug traffickers”. Joe had the courage to publicly criticize O’Sullivan. As a result, in March of 1989, Joe received notice that he was subject of a federal investigation in which he was suspected of conspiracy to launder money and witness intimidation.
While many might want to keep a low profile under those circumstances, Joe and his lawyers instead held a press conference, flanked by approximately 30 criminal defense lawyers. Joe later said about the prosecution, “the government strategy now and always has been to enlarge the fears of citizens so that they look upon the government as their savior…I was the subject of an opportunistic prosecutor, who had a powerful role. I criticized him publicly and paid for that criticism…The case brought against me had a chilling effect on young lawyers, of intimidating those who would do what I do.”
The following month, 85 Massachusetts criminal defense lawyers met at the Hyatt Regency in Cambridge and decided to formally organize. Shortly after, MACDL had more than 250 lawyers. It organized to fight against RICO legislation and advocated for a rule requiring prosecutors to obtain court permission prior to subpoenaing a lawyer for client information. It set a goal of instituting a grievance process so that lawyers could seek MACDL’s backing in complaints against prosecutors and judges. MACDL sought to effect legislation, to organize its clout on Beacon Hill, and engage in effective lobbying.
In 1990, Joe Balliro was prosecuted in the United States District Court in a case that was so weak, it was thrown out on a directed verdict.
As Joe Balliro said, “It’s the sense of outrage that makes us fighters.” As prosecutors continue to take aim at criminal defense lawyers for zealously defending their clients against all forms of government abuse, may we all join in the fray — for those aggrieved by the criminal system and those who fight like hell on their behalf.