Beit v. PROBATE & FAMILY COURT DEPARTMENT

At issue is whether a judge may impose sanctions on an attorney who fails to appear for trial without having secured a timely continuance. The plaintiff, Mr. Harvey Beit, is an experienced member of the bar of this Commonwealth. On April 23, 1981, Mr. Beit failed to appear for a scheduled trial on a 1974 divorce libel. Mr. Beit had not obtained a timely continuance. The judge then assessed costs in the amount of $450 against Mr. Beit. Mr. Beit was not present at the time these costs were imposed. On appeal, Mr. Beit contends that a judge has no authority to assess costs except as authorized…