Gorbatova v. Semuels

Summary

The Massachusetts Supreme Judicial Court affirmed dismissal of a petition seeking disciplinary action against an attorney who had acted as an administrative hearing officer. The court held that private individuals do not have a private right of action to commence a court proceeding seeking attorney discipline; such complaints are ordinarily prosecuted by the Board of Bar Overseers. The petitioner’s recourse was to file a complaint with the Board of Bar Overseers.

Holdings

1. A private individual has no private right of action to commence a court proceeding seeking disciplinary action against an attorney; disciplinary complaints are ordinarily prosecuted by the Board of Bar Overseers.
2. It was irrelevant whether the single justice treated the petition as one under G. L. c. 211, § 3 or otherwise, because the petition failed for lack of a private right of action.

Questions Presented

1. Whether a private individual has a private right of action to commence a court proceeding seeking disciplinary action against an attorney.
2. Whether dismissal was proper regardless of whether the petition was treated as one under G. L. c. 211, § 3.

Disposition

affirmed