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COMMONWEALTH v. CLERK-MAGISTRATE OF THE WEST ROXBURY DIV. OF THE DIST. COURT DEP'T.

439 Mass. 352 (2003)

COMMONWEALTH v. CLERK-MAGISTRATE OF THE WEST ROXBURY DIVISION OF THE DISTRICT COURT DEPARTMENT.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 2003.

Attorney(s) appearing for the Case

John P. Zanini, Assistant District Attorney (Joseph M. Ditkoff, Assistant District Attorney, with him) for the Commonwealth.

Dean A. Mazzone, Assistant Attorney General, for the defendant.

The following submitted briefs for amici curiae:

Thomas C. Carrigan, pro se.

Timothy J. Cruz, District Attorney, & Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

Donald S. Bronstein, Committee for Public Counsel Services, for Committee for Public Counsel Services.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

SPINA, 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 the 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...

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