Bail Committee of the Superior Court v. State Ethics Commission

Massachusetts Supreme Judicial Court

Bail Committee of the Superior Court v. State Ethics Commission

516 N.E.2d 130, 401 Mass. 223, 1987 Mass. LEXIS 1514

CourtMassachusetts Supreme Judicial Court

DecidedDecember 10, 1987

StatusPublished

This text of 516 N.E.2d 130 (Bail Committee of the Superior Court v. State Ethics Commission) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bail Committee of the Superior Court v. State Ethics Commission, 516 N.E.2d 130, 401 Mass. 223, 1987 Mass. LEXIS 1514 (Mass. 1987).

Pincite

Opinions

Wilkins, J.

The Bail Committee of the Superior Court appealed the decision of the State Ethics Commission (commission) concerning the lawfulness under G. L., c. 268A, § 7, of Robert J. Quinn’s dual activities as a bail commissioner appointed by the Superior Court and as an employee of the Massachusetts Water Resources Authority. We granted the parties’ applications for direct appellate review. We have today decided Quinn’s appeal adversely to him. See Quinn v. State Ethics Comm’n, ante 210 (1987). In the Quinn case we answered the substantive issue presented in this case and raised in a judge’s report of the case to the Appeals Court.

The Bail Committee has indicated that the Quinn case makes unnecessary any decision by us on whether the Bail Committee [224]*224has standing to appeal the commission’s decision. We see no practical need to answer that question. It is true that, technically, that question should be answered in order to determine whether the Bail Committee’s appeal of the Commission’s decision should be dismissed or the commission’s decision should be affirmed on the authority of the Quinn case. We believe that a practical solution is to enter an order in the Superior Court that, in light of this court’s opinion in Quinn v. State Ethics Comm’n, supra, the Bail Committee’s appeal is dismissed without prejudice.

So ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

Wilkins, J.

The Bail Committee of the Superior Court appealed the decision of the State Ethics Commission (commission) concerning the lawfulness under G. L., c. 268A, § 7, of Robert J. Quinn’s dual activities as a bail commissioner appointed by the Superior Court and as an employee of the Massachusetts Water Resources Authority. We granted the parties’ applications for direct appellate review. We have today decided Quinn’s appeal adversely to him. See Quinn v. State Ethics Comm’n, ante 210 (1987). In the Quinn case we answered the substantive issue presented in this case and raised in a judge’s report of the case to the Appeals Court.

The Bail Committee has indicated that the Quinn case makes unnecessary any decision by us on whether the Bail Committee [224]*224has standing to appeal the commission’s decision. We see no practical need to answer that question. It is true that, technically, that question should be answered in order to determine whether the Bail Committee’s appeal of the Commission’s decision should be dismissed or the commission’s decision should be affirmed on the authority of the Quinn case. We believe that a practical solution is to enter an order in the Superior Court that, in light of this court’s opinion in Quinn v. State Ethics Comm’n, supra, the Bail Committee’s appeal is dismissed without prejudice.

So ordered.

Cite This Page — Counsel Stack

Bluebook (online)

516 N.E.2d 130, 401 Mass. 223, 1987 Mass. LEXIS 1514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bail-committee-of-the-superior-court-v-state-ethics-commission-mass-1987.