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McCARTHY v. GOVERNOR

No. SJC-11625.

471 Mass. 1008 (2015)

MICHAEL J. McCARTHY & another v. THE GOVERNOR & another.

Supreme Judicial Court of Massachusetts.

April 7, 2015.

Attorney(s) appearing for the Case

Raipher D. Pellegrino for the plaintiffs.

Jo Ann Shotwell Kaplan, Assistant Attorney General, for the Commonwealth.

Michael C. Walsh, pro se, amicus curiae, submitted a brief.

RESCRIPT

The plaintiffs, Michael J. McCarthy and Mary-Ellen Manning, filed a complaint in the county court in July, 2013, against the Governor and the Secretary of the Commonwealth, seeking to establish that McCarthy had been nominated, confirmed, and appointed to a Massachusetts judgeship in 2012, and that he is therefore entitled to a commission for that office.3 The plaintiffs alleged, in part, that when the Governor "nominates" a...

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