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DeMICHELE v. WALTHAM DIVISION OF THE DIST. COURT DEPT.

417 Mass. 243 (1994)

629 N.E.2d 982

DAVID DeMICHELE vs. WALTHAM DIVISION OF THE DISTRICT COURT DEPARTMENT & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 10, 1994.

Attorney(s) appearing for the Case

Paul R. Tremblay for the plaintiff.

Frank R. Sherman for Bernard LeBlanc, trustee.

Lonnie A. Powers, for Massachusetts Legal Assistance Corporation, amicus curiae, submitted a brief.

Ernest Winsor & Ann Morse Hartner, for Massachusetts Tenants Organization, amicus curiae, submitted a brief.

Present: LIACOS, C.J., NOLAN, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

The question on appeal is whether a judge in the District Court may disqualify a litigant in a civil case from receiving free legal representation by a State-funded law school legal services program on the ground that the litigant is not indigent.2

The appellate issue arose in the following context. The plaintiff, David DeMichele, filed a complaint in the Waltham Division of the District Court Department against his...

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