Posts tagged "McCarthy"

McCarthy, et al. v. The Governor, et al. (Lawyers Weekly No. 10-050-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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

SJC-11625

MICHAEL J. McCARTHY & another[1]  vs.  THE GOVERNOR & another.[2]

April 7, 2015.

Governor.  Council.  Constitutional Law, Governor.  Secretary of the Commonwealth.  Judge.  Jurisdiction, Equitable.

     The plaintiffs, Michael J. McCarthy and Mary-Ellen Manning, filed a complaint in the county court in July, 2013, against the Governor and the Secretary of the Commonwealth, seeking to establish that McCarthy had been nominated, confirmed, and appointed to a Massachusetts judgeship in 2012, and that he is therefore entitled to a commission for that office.[3]  The plaintiffs alleged, in part, that when the Governor “nominates” a candidate for judicial office, the nominee automatically is “appointed” without further gubernatorial action when a majority of the Executive Council’s members records its advice and consent to the nomination.  The plaintiffs alleged that that is what happened here.  They further alleged that the Governor, once a nominee has been confirmed by the Council, is required to sign a commission, and that the Secretary of the Commonwealth is obligated to issue the commission, but that the Governor and the Secretary failed to perform these duties in McCarthy’s situation.  The plaintiffs sought relief in the nature of mandamus, declaratory relief, and, in the alternative, equitable relief. read more

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Posted by Massachusetts Legal Resources - April 7, 2015 at 3:43 pm

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