Posts tagged "1002018"

Commonwealth v. Orbin O., a juvenile (Lawyers Weekly No. 10-020-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-12314   COMMONWEALTH  vs.  ORBIN O., a juvenile.       Berkshire.     November 7, 2017. – February 5, 2018.   Present:  Gants, C.J., Gaziano, Lowy, Budd, Cypher, & Kafker, JJ.     Delinquent Child.  Probable Cause.  Juvenile Court, Delinquent child.  Practice, Criminal, Juvenile delinquency proceeding, Complaint, Show cause hearing, Dismissal.       Complaint received and sworn to in the Berkshire County Division of the Juvenile Court Department on April 14, 2016.   A motion to dismiss was heard by Judith A. Locke, J.   The Supreme Judicial Court granted an application for direct appellate review.     Kyle G. Christensen, Assistant District Attorney (Joseph A. Pieropan, Assistant District Attorney, also present) for the Commonwealth. Afton M. Templin for the juvenile. The following submitted briefs for amici curiae: Miriam H. Ruttenberg, Jennifer Honig, & Phillip Kassel for Mental Health Legal Advisors Committee & others. Ryan M. Schiff, Committee for Public Counsel Services, & Joseph N. Schneiderman for Youth Advocacy Division of the Committee for Public Counsel Services. Daniel F. Conley, District Attorney for the Suffolk District, & John P. Zanini, Assistant District Attorney, for District Attorney for the Suffolk District.     GANTS, C.J.  In Commonwealth v. Newton N., 478 Mass.    ,     (2018), also decided today, in which a police officer applied for and obtained a delinquency complaint, we held that, “where a prosecutor exercises his or her discretion to proceed to arraignment on a delinquency complaint supported by probable cause, the judge may not dismiss the complaint before arraignment on the grounds that dismissal of the complaint is in the best interests of the child and in the interests of justice.”  We consider here whether that same limitation on judicial authority in deciding a motion to dismiss applies to a delinquency complaint brought by a private party under G. L. c. 218, § 35A, where a clerk-magistrate issued the complaint after finding probable cause.  We conclude that this same limitation applies only where the prosecutor has affirmatively adopted the private party’s complaint by moving for arraignment.  In cases where the prosecutor has not so moved, a judge considering a juvenile’s motion to dismiss prior to arraignment may consider whether the clerk-magistrate abused his or her discretion in issuing the complaint and, in doing so, may consider whether dismissal is in the best interests of the child and in the interests of justice.[1] Background.  On […]

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Posted by Massachusetts Legal Resources - February 5, 2018 at 11:22 pm

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