367 Mass. 909 | Mass. | 1975
The plaintiff appeals from an order dismissing this action which sought relief from a single justice of this court under G. L. c. 211, § 3. Our general superintendence power under § 3 should be exercised only in exceptional circumstances, when necessary to protect substantive rights. See Barber v. Commonwealth, 353 Mass. 236, 239 (1967); Gilday v. Commonwealth, 360 Mass. 170, 171 (1971); Myers v. Commonwealth, 363 Mass. 843, 844 (1973). We have exercised that power sparingly. Whitmarsh v. Commonwealth, 366 Mass. 212, 215 (1974). Costarelli v. Municipal Court of the City of Boston, ante, 35, 41 (1975). Here the plaintiff argues that if he is found guilty of driving under the influence of alcoholic beverages on a complaint pending in the First District Court of Bristol, his license to operate a motor vehicle will be suspended. He claims that similarly charged defendants in other District Courts may have their cases treated under a so called Alcoholism Intervention Project and thereby not have their licenses to operate suspended. He alleges the presiding judge of the defendant court refuses “to try any case under
Judgment affirmed.
