Matthews v. Commissioner of Correction
Matthews v. Commissioner of Correction
Opinion of the Court
Lloyd Matthews, an indigent self-represented inmate, appeals from orders entered by single justices of the Appeals Court denying his motions for leave to file handwritten briefs in various civil appeals that he initiated in that court. The issue presented is whether, in denying Matthews’s motions, the single justices abused their discretion. Because we have never before addressed the scope of judicial discretion in these circumstances, we outline here factors that a single justice ought to weigh when considering an indigent self-represented inmate’s motion for leave to file a handwritten brief, and we remand the matter to the Appeals Court for further consideration of Matthews’s motions in light of these factors.
Background. After Matthews moved unsuccessfully in the Appeals Court for leave to file handwritten briefs, he petitioned for relief from a single justice of this court, pursuant to G. L. c. 211, § 3. He claimed that he had been given insufficient access to a prison typewriter to enable him to type all of his briefs and file them in a timely manner. At the urging of the single justice, Matthews sought and obtained assurances from the superintendent of the Massachusetts Correctional Institution at Cedar Junction that he would have access to a typewriter in the prison’s library to type his briefs. Thereafter, the single justice denied the petition. Matthews appealed. We affirmed the judgment of the single justice, hopeful that the superintendent would follow through with his assurances, that Matthews would avail himself fully of his access to a prison typewriter, and that the Appeals Court would treat Matthews’s filings reasonably, in light of all the circumstances. See Matthews v. Appeals Court, 444 Mass. 1007, 1008 (2005).
Matthews sought a rehearing, claiming that he still lacked sufficient access
Discussion. The Massachusetts Rules of Appellate Procedure require that litigants generally use computer word processing or a typewriter to produce their briefs. See Mass. R. A. P. 20 (a), as appearing in 428 Mass. 1603 (1999) (typeface shall be monospaced font such as pica type produced by typewriter or Courier font produced by word processor). See also Mass. R. A. P. 12, 365 Mass. 857 (1974) (parties ¿lowed to proceed in forma pauperis may file brief “in typewritten form”). The purpose of such rules is to promote the efficient resolution of appeals. See Tisei v. Building Inspector of Marlborough, 3 Mass. App. Ct. 377, 378 (1975) (purpose of rules of appellate procedure to “simplify and expedite appellate procedure”). See also Matter of Penn Cent. Transp. Co., 630 F.2d 183, 192 (3d Cir. 1980) (adherence to Federal Rules of Appellate Procedure regarding appearance of briefs “assures the orderly flow of cases through this court and enables the court to concentrate on the merits of an appeal without the extraneous interference of sloppy craftsmanship”); Birdo v. Holbrook, 775 S.W.2d 411, 412 (Tex. Ct. App. 1989) (“Time spent trying to make sense out of [appellant’s pro se] lengthy handprinted documents detracts from this court’s ability to consider his and other appeals”). Self-represented litigants are required to follow the rules of appellate procedure. See Commonwealth v. Jackson, 419 Mass. 716, 719-720 & n.3 (1995); Brossard v. West Roxbury Div. of the Dist. Court Dep’t, 417 Mass. 183, 184 (1994), and cases cited. In certain circumstances, however, a single justice may, in his or her discretion, allow a litigant to file a handwritten brief. See Mass. R. A. P. 20 (a) (“Briefs . . . not in substantial compliance with these rules shall not be received unless the appellate court or a single justice shall otherwise order” [emphasis added]). See also Reporters’ Notes to Mass. R. A. P. 20, Mass. Ann. Laws Court Rules, Rules of Appellate Procedure at 94 (LexisNexis 2006) (“Where [a litigant] is unable to comply with the technical requirements of Rule 20, it would be advisable to move in the appellate court in advance for leave to file a non-conforming brief rather than risk rejection of the filing at a point where time deadlines may be about to expire”).
According to the record before us, the prison where Matthews is incarcerated has five or six typewriters that are kept in the prison’s library. While Matthews claims that his access to those typewriters is sometimes limited by factors beyond his control (such as when the prison is “locked down"), he does not claim that he has no access to a typewriter at all. Rather, Matthews’s problem is that, because of the volume of his appeals, he is unable to submit timely typewritten briefs in all of his appeals. At the same time, the Appeals Court has an interest in promoting the efficient administration of all of the appeals before it. See Cronen v. County Storage Lot, supra at 898. Thus, in deciding how to
We remand the matter to the Appeals Court for further consideration of Matthews’s motions, consistent with this opinion.
So ordered.
We acknowledge the amicus brief filed jointly by the American Civil Liberties Union of Massachusetts, the Committee for Public Counsel Services, and Massachusetts Correctional Legal Services.
Like our rules, the Federal Rules of Appellate Procedure require that briefs generally be typewritten, but exceptions are allowed by local rule or by orders in specific cases. See Fed. R. A. P. 32 (a) and (e) (2007). No local rule of the United States Court of Appeals for the First Circuit specifically addresses the submission of handwritten briefs.
We commend to the attention of the Supreme Judicial Court steering committee on self-represented litigants consideration whether private law firms might wish to provide, on a pro bona basis, secretarial services for incarcerated self-represented litigants who are otherwise unable to file typewritten briefs.
A judge can get an idea of an inmate’s handwriting from the inmate’s motion for leave to file a handwritten brief, which presumably would itself be handwritten by the inmate.
The constitutional right does not extend to other sorts of actions. See Lewis v. Casey, 518 U.S. 343, 355 (1996) (inmates not guaranteed “the wherewithal to transform themselves into litigating engines capable of filing everything from shareholder derivative actions to slip-and-fall claims”).
In his or her motion for leave to file a handwritten brief, the inmate should state the nature of the case on appeal.
Reference
- Full Case Name
- Lloyd Matthews v. Commissioner of Correction & others (and seven companion cases)
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- Published