1. Home
  2. Browse Decisions
  3. Mass.
  4. 463 Mass.
  5. 463 Mass. 162 (2012)
 

IN THE MATTER OF THE ENFORCEMENT OF A SUBPOENA

SJC-11117.

463 Mass. 162 (2012)

IN THE MATTER OF THE ENFORCEMENT OF A SUBPOENA.

Supreme Judicial Court of Massachusetts, Suffolk.

August 9, 2012.

Attorney(s) appearing for the Case

Michael B. Keating ( David A. Kluft & Daniel L. McFadden with him) for the petitioner.

J. William Codinha ( Gillian E. Pearson,   Devon A. Haft, & D. Danielle Pelot with him) for Commission on Judicial Conduct.

The following submitted briefs for amici curiae:

J. Owen Todd,   Michael Thad Allen, & Nancy Gertner for Margaret A. Burnham & others.

Gretchen S. Silver, of New York, Barry S. Pollack,   Joshua L. Solomon,   Phillip Rakhunov, & Peter B. Krupp for Massachusetts Association of Criminal Defense Lawyers.

Thomas J. Carey, Jr., & Martin W. Healy for Massachusetts Bar Association.

Joseph D. Early, Jr., District Attorney for the Worcester District, Michael O'Keefe, District Attorney for the Cape & Islands District, David F. Capeless, District Attorney for the Berkshire District, C. Samuel Sutter, District Attorney for the Bristol District, Jonathan W. Blodgett, District Attorney for the Eastern District, Mark G. Mastroianni, District Attorney for the Western District, Gerald T. Leone, Jr., District Attorney for the Middlesex District, Michael W. Morrissey, District Attorney for the Norfolk District, David E. Sullivan, District Attorney for the Northwestern District, Timothy J. Cruz, District Attorney for the Plymouth District, & Daniel F. Conley, District Attorney for the Suffolk District, for Massachusetts District Attorneys Association.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

CORDY, J.

In this case we conclude that although holding judges accountable for acts of bias in contravention of the Code of Judicial Conduct is essential, it must be accomplished without violating the protection afforded the deliberative processes of judges fundamental to ensuring that they may act without fear or favor in exercising their constitutional responsibility to be both impartial and independent. In so concluding, we formally recognize a judicial deliberative...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases