HOUSE DOCKET, NO. 2790        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1366

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Antonio F. D. Cabral and Bruce E. Tarr

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to transparency in clerk magistrate hearings.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Antonio F. D. Cabral

13th Bristol

1/17/2019

Bruce E. Tarr

First Essex and Middlesex

1/17/2019

Ann-Margaret Ferrante

5th Essex

1/31/2019

James K. Hawkins

2nd Bristol

2/1/2019

David Henry Argosky LeBoeuf

17th Worcester

2/1/2019

Mark C. Montigny

Second Bristol and Plymouth

2/1/2019

José F. Tosado

9th Hampden

1/25/2019


HOUSE DOCKET, NO. 2790        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1366

By Representative Cabral of New Bedford and Senator Tarr, a joint petition (accompanied by bill, House, No. 1366) of Antonio F. D. Cabral, Bruce E. Tarr and others relative to transparency in clerk magistrate hearings.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to transparency in clerk magistrate hearings.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 35A of chapter 218, of the General Laws, is hereby amended by adding the following paragraph:-

"Any hearing held pursuant to this section, and any record associated with such hearing, shall be presumed to be open to the public unless the court, or said officer thereof, makes a written finding, for good cause shown, that the defendant’s interest in privacy outweighs the public’s right of access. Any such finding shall be made only after a hearing on the record, in which the court may permit an interested non-party, who files a notice of appearance limited to participation in the proceeding, to be heard. Any such finding shall state with specificity the reason for closing the hearing and shall be narrowly tailored to said reason. All hearings held pursuant to this section shall be taken stenographically or recorded and transcribed.".