Notice Inviting Comment

Proposed Amendment to Rules of the Supreme Judicial Court - New SJC Rule 1:22

      The Supreme Judicial Court invites comments on a proposed amendment to the Rules of the Supreme Judicial Court .  

      The proposed amendment would insert a new S.J.C. Rule 1:22, Motions to Recuse.  The new rule sets forth the procedure that would govern a Justice's response to a request that the Justice recuse him or herself in a proceeding before the full court.  The proposed rule requires a party seeking recusal to file a written motion and affords review for parties whose request for recusal is denied by a Justice.  The rule encourages a Justice who denies a motion to recuse to provide a brief statement of reasons for the denial.  If the motion is denied, the moving party may ask the other Justices to review the denial.  Unless the court otherwise orders, the review would be on the papers and limited to the material that was before the Justice whose recusal was sought.  The rule applies only to full court cases, because recusal rulings in single justice cases, like recusal rulings in the trial courts, are already reviewable on appeal from a final judgment.

      The proposed amendment is attached.  Comments should be directed to Christine P. Burak, Supreme Judicial Court , John Adams Courthouse, One Pemberton Square , Boston MA 02108 on or before  September 3, 2010.  Comments may also be sent to christine.burak@sjc.state.ma.us.