No. 21-1257

Brian K. Evans, as Administrator of the Estate of Helen Marie Bousquet v. Ronald A. Marvin, et al.

Lower Court: Massachusetts
Docketed: 2022-03-16
Status: Denied
Type: Paid
Tags: appearance-of-impropriety conflict-of-interest due-process interests-of-justice judicial-bias judicial-ethics judicial-misconduct medical-malpractice recusal
Latest Conference: 2022-05-19
Question Presented (from Petition)

1. Was it appropriate for a judge to conceal that he
was married to a doctor admitted to practice in the
very hospital Plaintiff was suing in a medical malpractice case?

2. Was it appropriate for the Appeals Court to not Order to remand back to the Superior Court further
proceedings to question what other connections to
the Defendants the judge's wife had to the hospital, which was within their authority to do?

3. In the Interests of Justice and public interests,
was it appropriate for the Appellate Court or The
Massachusetts Supreme Court, (who declined to
review a Further Appellate Review application) to
not reach the issue of whether the trial judge in
this case should have either recused himself because his spouse, a doctor, had some sort of undisclosed financial relationship with at least one of
the defendants in the medical malpractice case the
judge was presiding over, or that he failed to disclose the relationship to the parties prior to litigation, all of which gives an appearance of
impropriety to the common person aware of all
these facts?

4. Would the Appearance of a doctor's wife being, at
the least, admitted to practice in a hospital the
Plaintiff was suing give the appearance to the
common man reason to doubt the judge's impar tiality if this information was concealed by the
judge?

5. Shall a judge be allowed to rule on a Motion that
seeks to set aside a trial based on his own wife's
admitted connection to the defendants?

6. Shall we send the message to the public that
judges cover up for other judges by using technicalities over the interests of justice?

Question Presented (AI Summary)

Was the judge's failure to disclose his wife's connection to the hospital appropriate?

Docket Entries

2022-08-01
Rehearing DENIED.
2022-07-15
Supplemental brief to petition for rehearing filed. (Distributed)
2022-07-07
DISTRIBUTED.
2022-06-07
2022-05-23
Petition DENIED.
2022-05-03
DISTRIBUTED for Conference of 5/19/2022.
2022-04-22
Reply of petitioner Brian K. Evans filed.
2022-04-15
Brief of respondents Anne Marie Mede, R.N., et al. in opposition filed.
2022-03-14
Petition for a writ of certiorari filed. (Response due April 15, 2022)

Attorneys

Anne Marie Mede, R.N., Holy Family Hospital, Steward Medical Group, Inc. and Steward HealthCare System, LLC, et al.
Chad Paul BrouillardFoster & Eldridge, LLP, Respondent
Brian K. Evans
Brian K. Evans — Petitioner