Wednesday, April 30, 2008

No Civil Action

The Massachusetts Supreme Judicial Court affirmed the dismissal of a civil action against a judge in the case of Liu v. Moynihan and Others. The rationale:

"In July, 2007, Qinsheng Liu commenced a civil action in the Superior Court that, as we best we can tell from the limited record before us, concerns things that occurred during his interactions with various government agencies and officials, and in a related, subsequent criminal proceeding against him. (He was acquitted of the criminal charges.) During the course of the civil case, a Superior Court judge issued various interlocutory rulings against him. The judge also ordered him to file an amended complaint and to cease filing motions and other documents until he had done so. In October, 2007, Qinsheng Liu filed a complaint in the county court claiming that the judge had 'committed violations of the Code of Judicial Conduct,' was not impartial, discriminated against him, and was 'unfaithful to the laws,' and seeking the judge's recusal. Qinsheng Liu's complaint was treated as a petition pursuant to G.L. c. 211, § 3, and denied.

Relief under G.L. c. 211, § 3, is properly denied 'where there are adequate and effective routes ... by which the petitioning party may seek relief.' The petitioner bears the burden to allege and demonstrate the absence or inadequacy of other remedies. The petitioner has not met this burden. He has offered no reason why any of the judge's allegedly improper actions (including a refusal to recuse herself) could not be adequately addressed in a direct appeal from any adverse judgment." (citations omitted)

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/04/no-civil-action.html

Judicial Ethics and the Courts | Permalink

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