Right to Court Access Appellate Attorney
Massachusetts Probate and Family Court judges have broad discretion of litigation. Sometimes they exceed the the bounds of discretion. Error results, including denying individuals their State and federal Constitutional rights to access the court system. Attorney Driscoll litigated the seminal appellate case on this issue. That case was Ventrice v. Ventrice, 87 Mass. App. Ct. 190 (2015).
If you have been denied the right to file a complaint in the Probate and Family Court Clerk's Office then your State and federal Constitutional rights have likely been violated. The same holds true if you have been denied the right to file a notice of appeal. Each of these trial court failures negatively impacts your right to seek relief in the one place where it can be obtained, in the court system. Furthermore, no judge may require that you fulfill some requirement before exercising your Constitutional right to petition the court for relief.
The right to petition is found in the First Amendment of the federal Constitutional. The Massachusetts right to petition is found in Article 11 of our Declaration of Rights. Article 11 guarantees each person the right “to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.”
If you have been denied access to justice then contact Appellate Attorney William Driscoll immediately at 978-846-5184.