Legal Opinion
Commonwealth v. Clerk-Magistrate of the West Roxbury Division of the District Court Department
Massachusetts Supreme Judicial Court
Decided May 8, 2003PublishedCited by 42 opinions
1Opinion of the CourtSpina, J.
At issue in this case is whether a clerk-magistrate of a District Court has the authority to conduct a show cause hearing prior to acting on an application for the issuance of process with respect to a felony complaint where the person charged in *353the complaint is not under arrest. The single justice, ruling on a petition filed by the Commonwealth pursuant to G. L. c. 211, § 3, concluded that a clerk-magistrate has no such authority. The clerk-magistrate of the West Roxbury Division of the District Court Department (District Court), represented by the office of the Attorney General, appealed…
2Cases cited33 opinions
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3Cited by42 opinions
- Mole v. University of MassachusettsMassachusetts Supreme Judicial Court · 2004
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