Powers v. District Court of Southern Essex
Powers v. District Court of Southern Essex
Opinion of the Court
The petitioner’s discharge from his employment with the department of public works of the city of Lynn was affirmed by the Civil Service Commission (G. L. c. 31, § 43) and by the District Court (G. L. c. 31, § 45). On petition for a writ of certiorari in the Superior Court, and in this court, the petitioner contends that it was a violation of § 43(c) for the Commission’s hearing officer to permit him to be represented by one Dobbins, his fellow employee and president of his union local, that the alleged error was prejudicial because Dobbins (a layman) had a conflict of interest and incompetently represented him, and that the procedural error alleged rendered the proceedings before the commission void. We hold that the right acknowledged by § 43(c) to representation by counsel is one which may be waived; that even if representation by a layman in a civil service hearing is a violation of law, the error was of the petitioner’s own doing; and that the District Court was not plainly wrong in holding that the petitioner waived his right to representation by a lawyer. The petitioner cites no authority, nor have we found any,
Order dismissing petition affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.