Posts tagged "Committee"

Committee for Public Counsel Services, et al. v. Attorney General of Massachusetts, et al. (Lawyers Weekly No. 10-051-18)

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SUFFOLK, ss.
COMMONWEALTH OF MASSACHUSETTS
SUPREME JUDICIAL COURT
FOR SUFFOLK COUNTY
No. SJ-2017-347
COMMITTEE FOR PUBLIC COUNSEL SERVICES, HAMPDEN COUNTY LAWYERS FOR
JUSTICE, INC., HERSCHELLE REAVES, and NICOLE WESTCOTT
vs.
ATTORNEY GENERAL of MASSACHUSETTS, DISTRICT ATTORNEY for BERKSHIRE
COUNTY, DISTRICT ATTORNEY for BRISTOL COUNTY, DISTRICT ATTORNEY for the
CAPE and ISLANDS, DISTRICT ATTORNEY for ESSEX COUNTY, DISTRICT ATTORNEY
for HAMPDEN COUNTY, DISTRICT ATTORNEY for MIDDLESEX COUNTY, DISTRICT
ATTORNEY for NORFOLK COUNTY, DISTRICT ATTORNEY for the NORTHWESTERN
DISTRICT, DISTRICT ATTORNEY for PLYMOUTH COUNTY, DISTRICT ATTORNEY for
SUFFOLK COUNTY, and DISTRICT ATTORNEY for WORCESTER COUNTY
DECLARATORY JUDGMENT
This matter came before the court, Gaziano, J., on a petition pursuant to G L. c. 211, § 3,
seeking relief for defendants affected by the misconduct of state chemist Sonja Farak. As an
initial matter, the respondents — the Attorney General and the offices of the Massachusetts
District Attorneys — have agreed to vacate certain convictions obtained using drug certificates
signed by Sonja Farak. The respondents have filed with the court, and served on the petitioners,
formatted interim lists identifying the defendants and their convictions, delinquency or youthful
offender adjudications, or other adverse dispositions that the respondents agree should be vacated
and dismissed with prejudice. The convictions, adjudications, or other dispositions of those
cases are addressed in this orcler. Final lists are to be provided by the respondents and filed with
this court no later than April 30, 2018. Those lists may result in additional dismissals.
Accordingly, it is ORDERED that the convictions of drug offenses under G. L. 94C that
have been so identified by the respondents in the interim lists filed with this court on or before
March 30,2018, shall be and are hereby VACATED AND DISMISSED WITH PREJUDICE,
and any outstanding warrants associated with those convictions are recalled.
The clerk shall provide copies of the formatted lists to the Judicial Information Services
Department of the trial comi fmihwith in order to effectuate the dismissals.
Entered: April 5, 2018
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Posted by Massachusetts Legal Resources - April 6, 2018 at 12:09 am

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135 Wells Avenue, LLC v. Housing Appeals Committee, et al. (Lawyers Weekly No. 10-184-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12253

135 WELLS AVENUE, LLC  vs.  HOUSING APPEALS COMMITTEE & others.[1]

Suffolk.     April 6, 2017. – November 13, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, Budd, & Cypher, JJ.[2]

Municipal Corporations, Property, Use of municipal property.  Real Property, Deed, Restrictions.  Housing.  Zoning, Housing appeals committee, Low and moderate income housing, Board of appeals:  jurisdiction.  Permit.

Civil action commenced in the Land Court Department on January 14, 2016. read more

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Posted by Massachusetts Legal Resources - November 14, 2017 at 4:38 am

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Lawyers Committee for Civil Rights and Economic Justice v. Court Administrator of the Trial Court, et al. (Lawyers Weekly No. 10-176-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12379

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND ECONOMIC JUSTICE  vs.  court administrator of the Trial Court & others.[1]

November 6, 2017.

Moot Question.  Practice, Civil, Moot case.  Trial Court.  Public Records.

The Lawyers’ Committee for Civil Rights and Economic Justice (Lawyers’ Committee) appeals from a judgment of the county court dismissing as moot its petition seeking declaratory and injunctive relief requiring the respondents, who are the court administrator, office of court management, and executive office of the Trial Court, to produce certain records pursuant to the public records law.  G. L. c. 66, § 10.  We directed the parties to file memoranda addressing whether the single justice erred or abused his discretion in dismissing the case as moot.  After reviewing the parties’ submissions, we affirm the judgment. read more

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Posted by Massachusetts Legal Resources - November 6, 2017 at 9:21 pm

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Deputy Chief Counsel for the Public Defender Division of the Committee for Public Counsel Services, et al. v. Acting First Justice of the Lowell Division of the District Court Department (Lawyers Weekly No. 10-084-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12121

DEPUTY CHIEF COUNSEL FOR THE PUBLIC DEFENDER DIVISION OF THE COMMITTEE FOR PUBLIC COUNSEL SERVICES & another[1]  vs.  ACTING FIRST JUSTICE OF THE LOWELL DIVISION OF THE DISTRICT COURT DEPARTMENT.

Suffolk.     November 9, 2016. – May 24, 2017.

Present:  Gants, C.J., Hines, Gaziano, Lowy, & Budd, JJ.

Committee for Public Counsel Services.  District Court, Drug court session.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on February 23, 2016. read more

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Posted by Massachusetts Legal Resources - May 24, 2017 at 7:41 pm

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Perullo v. Advisory Committee on Personnel Standards (Lawyers Weekly No. 10-064-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12095

RENEE PERULLO  vs.  ADVISORY COMMITTEE ON PERSONNEL STANDARDS.

Suffolk.     January 9, 2017. – April 24, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Lowy, & Budd, JJ.[1]

Public Employment, Removal.  Trial CourtDistrict Court.  Due Process of Law, Employment, Termination of employment.

Civil action commenced in the Superior Court Department on January 12, 2015.

The case was heard by Elizabeth M. Fahey, J., on motions for judgment on the pleadings. read more

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Posted by Massachusetts Legal Resources - April 24, 2017 at 4:59 pm

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Zoning Board of Appeals of Hanover v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-110-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

15-P-893                                        Appeals Court

ZONING BOARD OF APPEALS OF HANOVER  vs.  HOUSING APPEALS COMMITTEE & another.[1]

No. 15-P-893.

Plymouth.     May 9, 2016. – August 29, 2016.

Present:  Agnes, Massing, & Kinder, JJ.

HousingZoning, Housing appeals committee, Comprehensive permit, Low and moderate income housing.  Administrative Law, Agency’s interpretation of regulation, Regulations. Municipal Corporations, Fees. read more

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Posted by Massachusetts Legal Resources - August 29, 2016 at 3:17 pm

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Schubert v. Committee for Public Counsel Services (Lawyers Weekly No. 10-117-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12044

GREG T. SCHUBERT   vs.  COMMITTEE FOR PUBLIC COUNSEL SERVICES.

August 9, 2016.

Supreme Judicial Court, Superintendence of inferior courts.

The petitioner, attorney Greg T. Schubert, filed papers in the county court entitled “writ of mandamus” and “writ of certiorari” that a single justice treated as a petition pursuant to G. L. c. 211, § 3, and denied.  Schubert appeals, and we  affirm.

The matter stems from a billing dispute between Schubert and the respondent, the Committee for Public Counsel Services (CPCS).  Essentially, CPCS conducted an audit of bills that Schubert submitted for payment to CPCS in connection with legal services that he provided for an indigent defendant.  Pursuant to the CPCS Assigned Counsel Manual, certain administrative proceedings followed the audit, culminating in a hearing.  The hearing officer ultimately rendered a decision adverse to Schubert, after which Schubert filed two separate complaints in the Hampden County Superior Court:  one in the nature of certiorari (HDCV2013-00881) and one for a declaratory judgment (HDCV2014-00141).  CPCS filed a motion to dismiss in each action.  A judge denied the motion in the certiorari action because, at the hearing on the motion, CPCS agreed to give Schubert additional time to file a motion for judgment on the pleadings, as required by Superior Court Standing Order 1-96.  Schubert had not filed such a motion because he did not believe that the standing order applied to his case.  In the declaratory judgment action, the judge did allow CPCS’s motion to dismiss, on the bases that CPCS cannot be sued under G. L. c. 231A, § 2, for a declaratory judgment, and that the individual defendants named in that action were immune from suit. read more

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Posted by Massachusetts Legal Resources - August 9, 2016 at 3:50 pm

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Eisai, Inc., et al. v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-072-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

15-P-680                                        Appeals Court

EISAI, INC., & others[1]  vs.  HOUSING APPEALS COMMITTEE & another.[2]

No. 15-P-680.

Suffolk.     March 8, 2016. – June 20, 2016.

Present:  Hanlon, Sullivan, & Massing, JJ.

HousingZoning, Housing appeals committee, Comprehensive permit, Person aggrieved.  Practice, Civil, Zoning appeal, Standing.

Civil action commenced in the Superior Court Department on March 11, 2014.

The case was heard by Edward P. Leibensperger, J., on motions for judgment on the pleadings. read more

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Posted by Massachusetts Legal Resources - June 20, 2016 at 5:17 pm

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Groton-Dunstable Regional School Committee v. Groton-Dunstable Educators Association (Lawyers Weekly No. 11-075-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

14-P-701                                        Appeals Court

GROTON-DUNSTABLE REGIONAL SCHOOL COMMITTEE  vs.  GROTON-DUNSTABLE EDUCATORS ASSOCIATION.

No. 14-P-701.

Middlesex.     March 9, 2015. – July 20, 2015.

Present:  Trainor, Wolohojian, & Carhart, JJ.

School and School Committee, Professional teacher status, Termination of employment.  Education Reform Act.  Arbitration, Collective bargaining, School committee.  Public Employment, Collective bargaining, Termination. read more

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Posted by Massachusetts Legal Resources - July 20, 2015 at 4:58 pm

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School Committee of Lexington v. Zagaeski (Lawyers Weekly No. 10-125-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11536

SCHOOL COMMITTEE OF LEXINGTON  vs.  MARK ZAGAESKI.

Middlesex.      March 4, 2014. – July 14, 2014.

Present:  Ireland, C.J., Spina, Cordy, Botsford, Duffly, &

Lenk, JJ.

Arbitration, Judicial review, Authority of arbitrator, Award, School committee.  Education Reform Act.  Statute, Construction. School and School Committee, Arbitration, Termination of employment.  Public Employment, Termination.

Civil action commenced in the Superior Court Department on April 27, 2012.

Motions to vacate and to affirm an arbitration award were heard by Bruce R. Henry, J. read more

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Posted by Massachusetts Legal Resources - July 14, 2014 at 3:53 pm

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