Posts tagged "Counsel"

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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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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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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Bar Counsel v. Farber (Lawyers Weekly No. 10-062-13)

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‑11171

BAR COUNSEL  vs.  PETER S. FARBER.

Suffolk.     December 4, 2012.  ‑  April 9, 2013.

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

Attorney at Law, Disciplinary proceeding.  Board of Bar OverseersImmunity from SuitWords, “Board.”

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on December 13, 2011.

The case was reported by Spina, J.

Constance V. Vecchione, Bar Counsel. read more

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Posted by Massachusetts Legal Resources - April 9, 2013 at 5:25 pm

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