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Commonwealth of Massachusetts

NO. BD-2007-016

IN RE: EDWIN A. MCCABE

S.J.C. Judgment Accepting Affidavit of Resignation entered by Justice Greaney on March 16, 2007, with an effective date of April 16, 2007.1

SUMMARY2

This matter came before the Court on the respondent’s affidavit of resignation pursuant to S.J.C. Rule 4:01, § 15.

Bar counsel filed a petition for discipline against the respondent in August 2005. At the time the affidavit of resignation was filed on January 17, 2007, the matter had been heard and was pending before a special hearing officer.

In the affidavit of resignation, the respondent admitted that, in two separate cases, St Germain v. Boston Popcorn Co., Inc. et al., Middlesex Superior Court, Civil Action No. 96-2404 and Psy-Ed Corporation and Joseph Valenzano, Jr. v. Stanley Klein and Kimberly Schive, Middlesex Superior Court, Civil Action No. 99-06140, judges of the Superior Court ordered monetary sanctions against the respondent based on their findings that he filed groundless pleadings in violation of Mass. R. Civ. P. 11(a). In both cases, his appeals were denied and the orders of sanctions were upheld by the Appeals Court and further appellate review was denied by the Supreme Judicial Court.

The respondent acknowledged in the affidavit that the factual allegations and charges of violations of the Rules of Professional Conduct in the petition for discipline arose from the same two cases and, in the main, from the same circumstances that gave rise to the sanctions orders. He also admitted that material facts upon which the petition for discipline was predicated could be established by a preponderance of the evidence adduced at the hearing on the petition for discipline and that the hearing officer, the Board, and the Court could conclude that he committed material acts set forth in the petition.

On February 12, 2007, the Board of Bar Overseers voted to recommend that the affidavit of resignation be accepted. The Court so ordered on March 16, 2007.


1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.
2 Compiled by the Board of Bar Overseers based on the record filed with the Supreme Judicial Court.



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