Section 4. A majority of the justices may, if in their judgment the public good so requires, remove from office a clerk of the courts or of their own court; and if sufficient cause is shown therefor and it appears that the public good so requires, may, upon a complaint, upon a summary hearing or otherwise, remove a clerk of the superior court in Suffolk county, or of a district court, a county commissioner, a county treasurer, sheriff, register of probate or district attorney, or the recorder of the land court.
Notes of Decisions
Campatelli v. Chief Just. of Trial Court, 11 N.E.3d 115 (Mass. 2014).
· cites it 9× “Campatelli commenced this action in the county court to challenge her suspension by the three named court officials; her claim is that only the Justices of this court possess the authority to suspend her, pursuant to G. L. c. 211, § 4. We do not interpret c.”
State Bd. of Ret. v. Bulger, 843 N.E.2d 603 (Mass. 2006).
· cites it 4× “7 We conclude that such an analysis is too broad, and it fails to recognize that the standards for a member’s removal from office and for a member’s forfeiture of a retirement allowance are different.”
McGonigle v. Governor, 634 N.E.2d 1388 (Mass. 1994).
· cites it 8× “This letter also indicated that (1) appropriate action would be taken to replace the plaintiff “on at least a temporary basis”; and (2) the Governor and the Attorney General intended, pursuant to G. L. c. 211, § 4 (1992 ed.), to file a complaint seeking the plaintiff’s permanent…”
In re Powers, 987 N.E.2d 569 (Mass. 2013).
· cites it 6× “3 *65 After a six-day hearing, a hearing officer found by clear and convincing evidence that Powers had committed the alleged violations of these canons of the code, and concluded that “the public good justifies his removal from office under G. L. c. 211, § 4.” The committee…”
Comm'r of Dep't of Emp. & Training v. Dugan, 697 N.E.2d 533 (Mass. 1998).
· cites it 3× “From this, she concludes that the issue decided in Dugan I is not identical to the issue in the instant case and that the factual findings from Dugan I correspondingly have no preclusive effect here.”
In the Matter of Dugan, 623 N.E.2d 1104 (Mass. 1993).
· cites it 3× “The committee adopted the hearing officer’s proposed findings of fact and, on August 25, 1993, recommended in a report to this court “that Janet Rowe Dugan be permanently removed from her position as Clerk-Magistrate” pursuant to G. L. c. 211, § 4 (1992 ed.). The committee…”
In re Antonelli, 711 N.E.2d 104 (Mass. 1999).
· cites it 4× “We are concerned not with redressing employee grievances but rather with the public interest and our obligation under G. L. c. 211, § 4, to remove a register of probate “if sufficient cause is shown therefor and it appears that the public good so requires.”
Governor v. McGonigle, 418 Mass. 558 (Mass. 1994).
· cites it 4× “On July 12, 1994, pursuant to our authority under G. L. c. 211, § 4 (1992 ed.), this court entered an order that temporarily suspended John P.”
In the Matter of Dugan, 635 N.E.2d 246 (Mass. 1994).
· cites it 2× “On April 20, 1994, Dugan filed a motion for relief from judgment, alleging that the December 2, 1993, judgment was “void in that the Court acted without jurisdiction in that she had status as a judicial officer of the Commonwealth by reason of her authority” granted by various…”
Dupree v. Sch. Comm. of Boston, 446 N.E.2d 1099 (Mass. App. Ct. 1983).
“458, 482 (1921) (removal of district attorney under G.L.c. 211, § 4); Opinion of the Justices, 308 Mass.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.