Bill > H1291

This bill proposes changes to how criminal cases are managed in superior court, specifically concerning the trial list. The key provision grants the district attorney in each district the sole responsibility and discretion to decide which criminal cases will be tried and in what order, overriding any other existing laws or court rules. At the start of each monthly court session, the district attorney must provide a list of cases to be tried to the clerk for parties to review. These cases will generally be tried in the order they appear on this list, unless all parties agree to a different order or the court, for good reason shown, orders otherwise. Cases can be added to the list if all parties agree or if the court orders it at the request of either the district attorney or the defendant. Crucially, no criminal case can go to trial unless the district attorney moves for it, and the court cannot force a trial if the district attorney objects or refuses to move for trial. The bill also states that cases cannot be dismissed simply because the district attorney fails or refuses to move for trial, and dismissals for timeliness of prosecution will only occur if a judge finds that the Commonwealth has violated the defendant's right to a speedy trial, as guaranteed by the U.S. Constitution, the Massachusetts Declaration of Rights, or a specific Massachusetts criminal procedure rule.