Schubert v. Comm. for Pub. Counsel Servs.Annotate this Case
This matter stemmed between a billing dispute between Petitioner, an attorney, and Respondent, the Committee for Public Counsel Services. Certain administrative proceedings culminated in a hearing, and the hearing officer rendered a decision adverse to Petitioner. Thereafter, Petitioner filed two separate complaints, one in the nature of certiorari and one for a declaratory judgment. The trial judge denied the motion on the certiorari action but allowed the motion in the declaratory judgment action. Respondent later moved to dismiss the certiorari action for failure to prosecute. The trial court allowed the motion. Petitioner then filed papers in the county court entitled “writ of mandamus” and “writ of certiorari,” which a single justice treated as a petition pursuant to Mass. Gen. Laws ch. 211, 3. The single justice denied relief. The Supreme Judicial Court affirmed, holding that the single justice did not err or abuse his discretion in denying relief.