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IN THE MATTER OF THE ENFORCEMENT OF A SUBPOENA

436 Mass. 784 (2002)

IN THE MATTER OF THE ENFORCEMENT OF A SUBPOENA.

Supreme Judicial Court of Massachusetts, Suffolk.

May 10, 2002.

Attorney(s) appearing for the Case

Andrew Good & Harvey A. Silverglate for the respondent.

Roberto M. Braceras (Paul F. Ware, Jr., & Cheryl L. Rainville with him) for Commission on Judicial Conduct.

The following submitted briefs for amici curiae:

M. Robert Dushman for Boston Herald.

Cindy Cohn, of California, for Electronic Frontier Foundation.

Present: MARSHALL, C.J., GREANEY, IRELAND, SOSMAN, & CORDY, JJ.

SOSMAN, J.

The Commission on Judicial Conduct (commission) subpoenaed the spouse of a judge to produce documents pertaining to a matter pending before the commission. When the witness refused to produce the documents, the commission sought and obtained an enforcement order from a single justice of this court. The witness appealed. On March 5, 2002, we issued an order affirming the single justice. This opinion explains the basis of our decision.

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