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Housing Court
Department
Fiscal Year 2003 Statistics
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| Fiscal
Year 2003 Statistics |
 |
Boston |
Northeast |
Southeast |
Western |
Worcester |
| Criminal |
2,201 |
631 |
1,183 |
1,938 |
899 |
| Summary
Process |
5,841 |
3,253 |
4,602 |
5,040 |
3,604 |
| Small
Claims |
735 |
151 |
205 |
541 |
328 |
| Civil
Cases |
1,155 |
180 |
695 |
1,656 |
899 |
| Supplementary
Process** |
25 |
0** |
29 |
41 |
0** |
* Under the jurisdictional grant referred to in the
introduction, the Housing Court has jurisdiction of
certain crimes concurrent with the District Court and
the Superior Court. Criminal proceedings are commenced
under G.L. c. 185C, §19. The Housing Court, however,
need not "exactly duplicate" the procedure followed
in the District Court. An example of permissible deviation
from District Court procedure is that a complainant
in the Housing Court swears out a complaint, while the
District Court requires an application for a complaint
to issue. Such minor differences aside, the Housing
Court still must adhere to the notice and hearing procedures
set forth in G.L. c. 35A. Such a system seems particularly
appropriate for cases in the Housing Court involving
allegations of unsafe or unhealthy living conditions,
because "[t]he primary purpose of the [sanitary] code
is to prevent violations rather than to punish past
violations as criminal offenses." Commonwealth
v. Haddad, 364 Mass. 795, 799 (1974). Many
criminal cases filed in the Housing Court result in
dismissals following the defendant's elimination of
the violations. Because of this approach, the Chief
Justice has concluded that in criminal cases, the complaint
is counted when the complaint is sworn out rather than
when it issues.
** Because of the increased fees for supplementary
proceeding, which is more than charged in the District
Court Department, the Northeastern Division and Worcester
County Divisions address collection issues through post-trial
Motions to Enforce Judgments.
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