In the Matter of David Glenn Baker (2025)

Citation: In the Matter of David Glenn Baker (2025)
Parent Document: In the Matter of David Glenn Baker (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-08-18
Original Source: https://www.courtlistener.com/opinion/10655743/in-the-matter-of-david-glenn-baker/ ↗

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Second, he argues that the assistant bar counsel who has represented bar counsel throughout these proceedings had a conflict of interest and should therefore have been recused.  The respondent raised the issue at the outset of the proceedings, and bar counsel denied the respondent's recusal request.  The respondent did not raise the issue with the hearing committee or before the board but did raise it before the single justice.  On the basis that the respondent had not raised the issue with the hearing committee or before the board, the single justice deemed it waived.  There was no error.  See Matter of Foster, 492 Mass. 724, 760 n.16 (2023), citing Matter of Gannett, 489 Mass. 1007, 1009 (2022) (issues not raised before the hearing committee or board are deemed waived).  The respondent's suggestion that if he had raised the issue before the hearing committee or the board, he "would be criticized (if not chastised) for raising it again," after he had raised it with bar counsel, does not excuse his failure to raise it at the appropriate time, before the hearing committee.

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