A Clerk Magistrate left a victim of a vicious assault in a hearing room with his attacker and the attacker's accomplice.
The two harassing individuals stood near the door so that the victim could not get out, and they laughed and snickered.
One court officer advised the victim to bring his attorney. Keep this in mind:
Victim to Clerk: You need an attorney at these hearings.
Clerk: No, you don't.
Victim: Oh yes you do. It is the only way to get results.
Court officer when victim complained about the clerk saying you don't need an attorney. "You do. Bring an attorney."
Gee. Why is an officer in agreement with a victim? if the clerk did nothing wrong? Because the clerk was out of line - on a number of issues, all which will be brought to the attention of the Committee
Rules of the Trial Court Committee on Professional Responsibility for Clerks of the Courts
Scope and Title
These rules govern the procedures of the Trial Court Committee on Professional Responsibility for Clerks of the Courts (hereinafter Committee) in the exercise of its jurisdiction pursuant to Supreme Judicial Court Rule 3:13. They may be known and cited as the Rules of the Committee on Professional Responsibility for Clerks of the Courts.- Rule 1: Definitions
- Rule 2: Composition of the Committee
- Rule 3: Jurisdiction of the Committee
- Rule 4: Confidentiality
- Rule 5: General Procedures of the Committee
- Rule 6: Matters Referred to the Committee in the First Instance
http://www.mass.gov/courts/case-legal-res/rules-of-court/rules-professional-conduct/clerks/
1)YOU MUST HAVE REPRESENTATION. These individuals don't care if you are a target for unscrupulous people.
2)A clerk should NEVER leave a victim with the two harassers, and she APOLOGIZED
The good news is that in the new filing the victim will also list the attacker's accomplice who gave false testimony, as usual.
MORE COURT PEOPLE SPEAK!
Another said to file a motion for reconsideration. The victim spoke with a LOT of officials at the courthouse.
They will be asked to look at the videotape surveillance to see:
1)the attacker glaring at the victim at around 2 PM
2)The attacker and his accomplice leaving the hearing room after they were laughing. Approx 2:50 pm
The clerk apologized to the victim saying "I should not have done that. I should have let you leave first." DUH!
The entire case will be re-heard with a lawyer and the bad actions of the clerk are being reported in a complaint that the court advised the victim where and who to send it to.
This is disgusting. Justice will be served.
Can you imagine a clerk being so "inappropriate" (the word I used when I spoke to her) and then admitting that she did the wrong thing.
She admitted she should not have done that.
Justice will be served, SO HELP ME GOD!