Chawla v. Appeals Court

Counsel

Jaideep S. Chawla, pro se., Jeffrey T. Walker, Assistant Attorney General (Amy Crafts, Assistant Attorney General, also present) for the defendant., **1001*327Jaideep S. Chawla appeals from a judgment of a single justice of this court denying his complaint for relief in the nature of mandamus or, in the alternative, for relief pursuant to G. L. c. 211, § 3. We affirm., Moreover, a judge's decision whether to recuse him- or herself from a particular proceeding is generally, as it was here, within the judge's discretion.4 A complaint in the nature of mandamus is limited to requiring a public official to perform a "clear cut duty," as opposed to requiring the exercise of discretion in a particular way. Ardon v. Committee for Pub. Counsel Servs., 464 Mass. 1001, 1001, 979 N.E.2d 1093 (2012), cert. denied, 571 U.S. 872, 134 S.Ct. 185, 187 L.Ed.2d 126 (2013), quoting Simmons v. Clerk-Magistrate of the Boston Div. of the Hous. Court Dep't, 448 Mass. 57, 59-60, 858 N.E.2d 727 (2006). "[M]andamus will not issue to direct a judicial officer to make a particular decision or to review, or reverse, a decision made by a judicial officer on an issue properly before him or her." Myrick v. Appeals Court, 481 Mass. 1029, 1030, 114 N.E.3d 973 (2019), quoting Montefusco v. Commonwealth, 452 Mass. 1015, 1015, 895 N.E.2d 478 (2008). In this case, the single justice properly declined mandamus relief to compel the recusal of the replacement judge, to require the Appeals Court to recall its rescript, to vacate the denial of Chawla's petition for rehearing, or to compel reconsideration of the petition. None of these things is a type of action that could be compelled by a complaint for mandamus.