Moore v. Executive Office of the Trial Court
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The Supreme Judicial Court affirmed the judgment of the single justice of the court denying Plaintiff's petition for relief after she was suspended without pay from her position as an assistant clerk-magistrate in the superior court following her indictment on felony charges, holding that there was no error or abuse of discretion in the denial of relief.
In her petition, Plaintiff argued, among other things, that the executive office of the trial court exceeded its authority by acting pursuant to a provision of its personnel manual mandating suspension without pay of employees charged with felonies. The Supreme Judicial Court affirmed, holding (1) Plaintiff's suspension without pay upon the issuance of a federal felony indictment was consistent with and mandated by the terms of the personnel manual, the promulgation of which constituted a permissible exercise of the Court Administrator's authority; (2) the single justice did not err in finding that the trial court's procedures satisfied due process; and (3) Plaintiff was not entitled to relief on her equal protection claims.
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