Myrick v. Superior Court Department (Lawyers Weekly No. 10-066-18)
Mandamus petition properly denied where complainant had adequate remedy through direct appeal of Superior Court dismissal.
department
St. Laurent, et al. v. Middleborough Gas & Electric Department (Lawyers Weekly No. 11-039-18)
Municipal gas and electric department qualifies as public employer under Massachusetts Tort Claims Act despite separate legal status from town.
Cournoyer v. Department of State Police, et al. (Lawyers Weekly No. 11-037-18)
Former State police trooper medically retired in 2000 sought reinstatement; department required recruit training. Court held statute unambiguously grants colonel discretion to require academy training.
Miranda v. A Justice of the Superior Court Department of the Trial Court (Lawyers Weekly No. 10-047-18)
Defendant cannot intervene in another defendant's unrelated criminal case to access postconviction discovery; proper remedy lies in discovery procedures for his own case.
Jones, et al. v. Massachusetts Department of Children & Families (Lawyers Weekly No. 09-001-18)
Court dismisses negligence claims against DCF under discretionary function exemption of Tort Claims Act, finding child custody and abuse investigation decisions qualify for sovereign immunity.
Martin v. Superior Court Department of the Trial Court (Lawyers Weekly No. 10-137-17)
Attorney indicted on rape charges sought to disqualify prosecutor based on prior working relationship. Supreme Judicial Court affirmed denial, finding issue properly reviewable on appeal from conviction.
Essex Regional Retirement Board v. Justices of the Salem Division of the District Court Department of the Trial Court, et al. (Lawyers Weekly No. 11-086-17)
Police officer's pension forfeiture upheld for threatening wife with handgun; remanded for constitutional excessiveness analysis.
People for the Ethical Treatment of Animals, Inc. v. Department of Agricultural Resources, et al. (Lawyers Weekly No. 10-105-17)
SJC vacates judgment protecting animal health certificate information from public disclosure; narrows public safety exemption; rejects heightened deference to records custodian.
Guardianship of Yosselin Guadalupe Penate; Department of Revenue v. Lopez, et al. (Lawyers Weekly No. 10-102-17)
State probate judges must make special findings for undocumented immigrant children seeking federal SIJ status without assessing application merits or motivation.
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)
CPCS has sole statutory authority to assign counsel for indigent defendants. Judges cannot bypass this authority or categorically exclude CPCS attorneys, even in specialized drug courts.