HOUSE DOCKET, NO. 3940        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1403

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Antonio F. D. Cabral

_________________

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

1/20/2023

Christopher Hendricks

11th Bristol

1/26/2023

Paul A. Schmid, III

8th Bristol

2/1/2023

Vanna Howard

17th Middlesex

2/1/2023


HOUSE DOCKET, NO. 3940        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1403

By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1403) of Antonio F. D. Cabral and others for legislation to further regulate clerk magistrate hearings.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

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, as appearing in the 2020 Official Edition, is hereby amended by inserting 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.