#178, Drano Series

  

Motion to Dismiss the Disbarment on Grounds of Violation of  M.G.L. C. 231, §59F,  for Acceleration of Filing, Proceeding, Hearing, and Decision, with affidavit

COMMONWEALTH OF MASSACHUSETTS Supreme Judicial Court for the Commonwealth   No. SJC-2006-09820   No. SJC-2006-09866 IN RE BARBARA C. JOHNSON ____________________________ JOHNSON’S MOTION TO DISMISS THE DISBARMENT ON GROUNDS OF VIOLATION OF  M.G.L. c. 231, §59F, AND FOR ACCELERATION OF FILING, PROCEEDING, HEARING, AND DECISION with affidavit verifying birthdate

Now comes Barbara C. Johnson, Esq. [“Johnson”], and moves this Honorable Court to dismiss the disbarment of Johnson.              As grounds, Johnson states that at all relevant times of these proceedings, this Court knew of Johnson’s rights under M.G.L. c. 231, §59F, which entitles Johnson, presently aged 72 [see Exh. A], to the acceleration of the dates for filing by the Office of Bar Counsel and Board of Bar Overseers’ appellee and reply briefs, and of the proceedings, motion hearing(s), oral arguments, and decision of the appeals of the judgments of disbarment and contempt.               This Court’s allowance, over Johnson’s objections, of the OBC/BBO to have three extensions to file the appellee brief, resulting in giving them over 4 months to file a brief in SJC 2006-09820 and approximately 1½ months to file in that brief their response to SJC 2006-09866, violated c. 231, §59F.   The failure of this Court to meet its obligations not to deprive Johnson of the rights granted her by the legislature of this Commonwealth and the federal and State constitutions mandates that the proceeding of disbarment be dismissed.                      WHEREFORE, Johnson prays this motion for dismissal of disbarment be allowed.                                            Respectfully submitted,          26 January 2007                 Barbara C. Johnson, Esq., Pro Se                                            6 Appletree Lane                                           Andover, MA 01810-4102                                            978-474-0833                                            BBO #549972 (pending appeal, SJC                                                                                             bench) CERTIFICATE OF SERVICE              I, Barbara C. Johnson, hereby certify that on 27 January 2007 I served a true and accurate copy of the within pleading by first-class mail on opposing OBC counsel, 99 High Street, Boston, MA 02110.                                            27 January 2007                       Barbara C. Johnson, Esq., Pro Se Exhibit A AFFIDAVIT OF BARBARA C. JOHNSON IN SUPPORT OF MOTION TTO DISMISS DISBARMENT                  <>I, Barbara C. Johnson, hereby depose and say that I am the Respondent/Appellant in the above-entitled action and that I am 72 years of age, as stated in the motion to which this affidavit is appended.  Signed under the pains and penalty of perjury.  27 January 2007                       Barbara C. Johnson, Esq., Pro Se