Legal Question in Criminal Law in Massachusetts
judicial misconduct - ethics violation?
At a 209A hearing can a judge deny the defendant the oportunity to have a lawyer represent him?
After the judge made an adverse decision against the defendant, the defendant specifically ask the judge for instructions on how his decision could be appealed, the judge stated that there was no appealing her desicion, is this correct or was the judge lying? Is this some form of ethics violation or judicial misconduct? Can a complaint be filed with the MA Commision on Judicial Misconduct?
2 Answers from Attorneys
Re: judicial misconduct - ethics violation?
Hello,
I do extensive work in this area and publish a blog on 209A issues at www.levlaw.net Depending on which court issued the order (District, Probate, Superior), a direct appeal to the Appeals Court may be brought. It takes about a year to 15 months to resolve. The Defendant can also bring a motion to vacate the existing order in the same court that issued it.
Unfortunately and frequently, judges disregard 209A Defendants' rights from the bench and issue 209A orders with a predetermined bias in favor of the Plaintiff. If an appeal is being considered, you may only have 10 days to file it from the day the order was issued.
Feel free to contact me if you require additional information.
Best,
Dmitry Lev, Esq.
Re: judicial misconduct - ethics violation?
A respondent in a 209A proceeding is facing a CIVIL action unless a violation of a restraining order is alleged. if this was an initial then courts routinely will force a respondent to proceed with "what they've got" on the first day and will not allow time to consult with an Attorney unlesws you have one with you that day.
209A orders CAN be appealed, but I recommend you hire counsel to represent you.
Best of luck.
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