In the Matter of an Impounded Case

Summary

The Supreme Judicial Court of Massachusetts affirmed a single justice's denial of a pro se petition under G. L. c. 211, § 3, challenging interlocutory orders in a Juvenile Court care and protection proceeding. The court held that the petitioner failed to show under S.J.C. Rule 2:21 that review could not be adequately obtained through other available remedies, including relief under G. L. c. 231, § 118, or the ordinary appellate process.

Holdings

1. A petitioner challenging interlocutory trial-court orders must demonstrate that review cannot adequately be obtained from a final adverse judgment or through another available remedy; the petitioner failed to make that showing.
2. The single justice did not abuse her discretion in denying the petition without reaching its merits because the petitioner had not established the absence of adequate alternative remedies.

Questions Presented

1. Whether the petitioner satisfied S.J.C. Rule 2:21 by showing that review of the challenged interlocutory Juvenile Court orders could not adequately be obtained through a final appeal or another available remedy.
2. Whether the single justice abused her discretion by denying the G. L. c. 211, § 3 petition on the ground that review under G. L. c. 231, § 118, and the ordinary appellate process provided adequate alternative remedies.

Disposition

affirmed