Care & Protection of a MinorAnnotate this Case
The Supreme Judicial Court affirmed the judgment of a single justice dismissing Petitioner's petition treated pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice neither abused his discretion nor made a clear error of law in denying the petition.
Petitioner's minor child was the subject of a care and protection proceeding in the juvenile court. After the trial concluded, Petitioner filed a "Verified Emergency Time is of the Essence Ex Parte Petition for Answer to Question of Law," in which Petitioner sought a declaration that he had a right to a jury trial in the care and protection proceeding. The single justice denied the petition. The Supreme Judicial Court affirmed, holding that Petitioner had an adequate remedy and that the single justice was within his discretion in concluding that extraordinary circumstances requiring exercise of the court's supervisory power were not present.