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JUDGE ROTENBERG EDUC. CTR., INC. v. COMMISSIONER OF THE DEP'T OF MENTAL RETARDATION (NO. 1)

424 Mass. 430 (1997)

THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC., & others v. COMMISSIONER OF THE DEPARTMENT OF MENTAL RETARDATION (No. 1).

Supreme Judicial Court of Massachusetts, Bristol.

March 13, 1997.

Attorney(s) appearing for the Case

Judith S. Yogman, Assistant Attorney General (Lucy A. Wall, Assistant Attorney General, with her) for the Commissioner of the Department of Mental Retardation.

Roderick MacLeish, Jr. (Peter F. Carr, II, with him) for the Judge Rotenberg Educational Center, Inc.

Eugene R. Curry for the class of patients, parents & guardians.

C. Michele Dorsey (Paul A. Cataldo with her) for the class of patients.

The following submitted briefs for amici curiae:

Cathy E. Costanzo, John Coyne, Richard Ames & Robert D. Fleischner, for the guardianship counsel.

Timothy A. Sindelar & Allen M. Karon for National Association of Protection and Advocacy Systems & others.

Janet Cohan, for Advocacy Network, Inc., & another.

Ralph T. Calderaro, Special Assistant Attorney General, for Disabled Persons Protection Commission.

Present: ABRAMS, LYNCH, GREANEY, FRIED, & MARSHALL, JJ.

LYNCH, J.

The commissioner of the Department of Mental Retardation (department) appeals from a final judgment of the Bristol County Probate and Family Court finding the department in contempt of a court-ordered settlement agreement entered into by the Judge Rotenberg Educational Center, Inc. (JRC), the patients at JRC, their parents and guardians, and the office for children (OFC).3 After trial, the judge concluded that the department...

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