Commonwealth v. Monteiro, 492 Mass. 1013

John V. Monteiro was convicted of first‑degree murder in 2016; his direct appeal is pending in the SJC.
Monteiro, through appellate counsel Rosemary Scapicchio, filed a motion for a new trial arguing trial counsel failed to pursue evidence pointing to Michael Barros as a third‑party culprit; that motion was transferred to Superior Court and remains pending.
Scapicchio also represented Barros in an unrelated Superior Court matter; the Commonwealth raised a conflict concern at a hearing on August 5, 2020, but Barros executed a written waiver after a judicial colloquy and the hearing proceeded.
The Commonwealth moved to disqualify Scapicchio from representing Monteiro on August 26, 2021; a Superior Court judge denied the motion on December 31, 2021.
The Commonwealth filed a G. L. c. 211, § 3 petition in the county court seeking review; the single justice denied relief without reaching the merits, and the SJC affirmed that denial.
The SJC emphasized the Commonwealth’s delay in seeking disqualification and the availability of appellate remedies as reasons the single justice did not abuse discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the single justice should exercise superintendence to review the denial of the Commonwealth’s disqualification motion	Delnegro means immediate §3 review is the Commonwealth’s only remedy; injury cannot be cured later	The Commonwealth can obtain adequate review on appeal after final judgment; single justice discretion to decline	The single justice did not abuse discretion in declining to reach the merits; Commonwealth failed to show lack of an adequate alternative remedy
Whether the Commonwealth’s delay and procedural choices warranted denial of extraordinary relief	Timing should not preclude §3 relief if conflict is nonwaivable	Commonwealth delayed over a year after first raising the issue and then waited to file §3; such ‘‘eleventh‑hour’’ tactics do not merit superintendence	Delay and lack of prompt action supported the single justice’s discretionary refusal to exercise superintendence

Commonwealth v. Brown, 487 Mass. 1007 (describing the two‑step superintendence inquiry under G. L. c. 211, § 3)
Commonwealth v. Dilworth, 485 Mass. 1001 (same two‑step framework for single justice review)
Commonwealth v. Fontanez, 482 Mass. 22 (procedural context for superintendence jurisdiction)
Commonwealth v. Delnegro, 91 Mass. App. Ct. 337 (discussing interlocutory review limits and defendant’s §3 avenue after disqualification)
Commonwealth v. Rondeau, 378 Mass. 408 (prejudice presumed from improper counsel disqualification in criminal cases)
Masiello v. Perini Corp., 394 Mass. 842 (courts may deny last‑minute disqualification attempts as disruptive)
Farahani v. Hingham Mut. Fire Ins. Co., 445 Mass. 1024 (orders denying disqualification in civil cases typically reviewable after final judgment)
Commonwealth v. Nash, 486 Mass. 394 (procedural guidance on seeking stays and appeals from single‑justice rulings)