Minkina v. Rodgers, Powers & Schwartz, LLP (Lawyers Weekly No. 10-011-18)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12407 NATALY MINKINA vs. RODGERS, POWERS & SCHWARTZ, LLP. January 16, 2018. Supreme Judicial Court, Superintendence of inferior courts. The petitioner, Nataly Minkina, appeals from a judgment of a single justice of this court denying her petition pursuant to G. L. c. 211, § 3. We affirm. Minkina is the defendant in a civil lawsuit commenced in the Superior Court in Norfolk County by the respondent, Rodgers, Powers & Schwartz, LLP, to collect on a judgment issued by the Superior Court in Suffolk County pursuant to G. L. c. 231, § 6F. In her G. L. c. 211, § 3, petition, Minkina sought review of several interlocutory trial court orders, including an order denying her motion to recuse and an order allowing a motion for expenses filed by Rodgers, Powers & Schwartz, LLP (related to its efforts to compel Minkina to produce discovery). The single justice denied the petition without a hearing. The case is now before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires a showing that “review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.” S.J.C. Rule 2:21 (2). Minkina has not made, and cannot make, such a showing. She has already sought interlocutory review of the trial court rulings in question under G. L. c. 231, § 118, first par., and has been denied relief by a single justice of the Appeals Court. She is not entitled as of right to additional review at this stage. See Iagatta v. Iagatta, 448 Mass. 1016, 1017 (2007); Greco v. Plymouth Sav. Bank, 423 Mass. 1019, 1019-1020 (1996) (“Review under G. L. c. 211, § 3, does not lie where review under c. 231, § 118, would suffice”).[1] Moreover, she can adequately raise her claims, and get the appropriate relief if warranted, on appeal from any adverse final judgment in the trial court. The single justice did not err or abuse his discretion in denying relief under G. L. c. 211, § 3. This is the third time that Minkina has improperly sought relief in this court pursuant to G. L. c. 211, § 3. See Minkina v. Frankl, 464 Mass. 1021 (2013); Minkina v. Frankl, 458 Mass. 1003 (2010).[2] We made clear in those earlier decisions that relief pursuant to G. L. c. 211, § 3, is properly denied where, as here, […]
In the Matter of Clerk-Magistrate Robert E. Powers (Lawyers Weekly No. 10-076-13)
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‑11292 IN THE MATTER OF CLERK-MAGISTRATE ROBERT E. POWERS. Suffolk. January 8, 2013. ‑ May 10, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Clerk of Court. District Court, Clerk‑Magistrate. Supreme Judicial Court, Removal of clerk of court. Practice, Civil, Proceeding for removal of clerk of court. Due Process of Law. Formal charges filed in the Supreme Judicial Court on December 19, 2011. Peter J. Haley for the respondent. Thomas O. Bean (Robert W. Langlois with him) for Committee on Professional Responsibility for Clerks of the Court. Harry Spence, court administrator for the Trial Court, amicus curiae, submitted a letter. GANTS, J. The Committee on Professional Responsibility for Clerks of the Courts (committee) has filed formal charges against the respondent, Robert E. Powers (Powers), clerk-magistrate of the Barnstable Division of the District Court Department (Barnstable District Court), alleging three counts. In the first count, the committee alleges that Powers “typically arrived one to two hours late, and thus did not contribute to the work of the Clerk’s office or the leadership of his staff during the busiest hour of the office day,” in violation of the Code of Professional Responsibility for Clerks of the Courts (code), S.J.C. Rule 3:12, Canon 3, first par., as appearing in 407 Mass. 1301 (1990).[1] The second count alleges that “Powers has willfully, grossly, and continuously failed to maintain order and decorum in proceedings he presided over and to be patient, dignified, and courteous to litigants, lawyers, staff, judges and others in his official dealings,” thus creating “the perception in the community that the Barnstable District Court is not a place to go to be treated fairly and to receive orderly administration of justice,” in violation of Canons 3 (A) (2) and (A) (3).[2] The third count alleges that Powers was “grossly delinquent in performing administrative duties” and “has willfully, grossly, and continuously failed to promptly issue decisions for matters that are heard by him,” in violation of Canons 3 (A) (5) and (B).[3] After a six-day hearing, a hearing officer found by clear and convincing evidence that Powers had committed the alleged violations of these canons of the code, and concluded that “the public good justifies his removal from office under G. L. c. 211, § 4.” The committee adopted the findings […]