In the Matter of Simkin (Lawyers Weekly No. 10-071-15)
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SJC-11750
IN THE MATTER OF JAY EDWARD SIMKIN.
April 29, 2015.
Supreme Judicial Court, Superintendence of inferior courts. Board of Bar Overseers. Practice, Civil, Standing.
Jay Edward Simkin filed a petition in the county court alleging that certain attorneys had committed breaches of the rules of professional conduct in connection with proceedings involving the revocation and reinstatement of his license to carry firearms. He requested that this court enter findings to that effect, which, he claimed, would lead to bar counsel’s reconsideration of her decision not to pursue his complaints against the attorneys. The record indicates that the Board of Bar Overseers (board) reviewed bar counsel’s decision not to take further action. A single justice denied Simkin’s petition without a hearing, reasoning that an “individual who files a complaint with the board lacks standing to challenge in a court action the board’s decision not to prosecute the complaint.” Simpkin appeals.[1]