Troy, In re, No. 74-1229

• Decision Date: 08 October 1974
• Docket Number: No. 74-1229
• Citation: 505 F.2d 746
• Parties: In re Jerome P. TROY, Appellant. . Heard
• Court: U.S. Court of Appeals — First Circuit

Page 746

505 F.2d 746

In re Jerome P. TROY, Appellant.

No. 74-1229.

United States Court of Appeals, First Circuit.

Heard Oct. 8, 1974.

Decided Nov. 1, 1974, Certiorari Denied March 17, 1975, See

95 S.Ct. 1412.

Lawrence F. O'Donnell Boston, Mass., for appellant.

Richard J. Vita, Boston, Mass., for Massachusetts Bar Association.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.

PER CURIAM.

This is an appeal from disbarment from the federal bar in Massachusetts, after a hearing before three district court judges based upon the transcripts of testimony, exhibits proffered, and the ultimate decision reached in a state action against the appellant brought before the Supreme Judicial Court of Massachusetts. The conclusions reached by the Massachusetts court resulted in appellant's removal as judge of the Dorchester District Court and disbarment from the Massachusetts bar. In Matter of Troy, 193 Mass.Adv.Sh. 1107, 306 N.E.2d 203.

The appellant raises three separate grounds to challenge the proceedings below. The first is that the district court inappropriately considered the findings of the Supreme Judicial Court. This claim rests in part on the assertion that that court had no power under the Constitution of the Commonwealth to remove the appellant as judge; that under Massachusetts law such power was vested in the legislature. But the Massachusetts law has been definitely interpreted to permit such removal from judicial office by the highest court of the state. Matter of DeSaulnier, 1971 Mass.Adv.Sh. 1345, 274 N.E.2d 454. This interpretation is binding upon us. Moreover, the power to remove Massachusetts judges was never at issue before the federal court, the single question being the qualifications of the appellant as a member of the bar. The Massachusetts court's authority to examine qualifications of bar members, except as to the procedural matter discussed as appellant's third claim, infra, is not being challenged by appellant. See, e.g., Matter of Mayberry, 295 Mass. 155, 3 N.E.2d 248 (1936); Boston Bar Ass'n v. Greenhood, 168 Mass. 169, 46 N.E. 568 (1897).

The appellant's second claim is that the evidence adduced in the state proceeding demonstrated only a failure to meet the high requirements of judicial propriety and that the standard for membership in the bar is a lower one. We could take issue with the premise that standards are or must be different, as did the district court, but note instead that even accepting the distinction for present purposes, there was ample evidence to support disbarment. The charges were not of mere inattention to judicial responsibility. Aside from violation of the court rules and denial of the rights of defendants who had appeared before appellant, there were findings of gross abuse of the judicial process. The information alleged and the Massachusetts court found that appellant had deliberately violated the terms of a license and that in testifying before the Superior Court on this matter he had purposefully misled the court. The Supreme Judicial Court found there had been purposeful alteration of court records in an effort to conceal evidence and that appellant had filed under penalty of perjury knowingly false answers to interrogatories. In finding this last fact the Massachusetts court rejected the testimony appellant gave as 'entirely incredible. We do not believe that there was any failure of memory. We find instead a deliberate, calculated,...