Amicus Announcement

THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT
ARGUMENT WAS HEARD ON MAY 10, 2007.

AMICUS SUBMISSIONS ARE DUE ON OR BEFORE JUNE 29, 2007.

SJC-09589
Commonwealth v. Joseph Cousin



This case concerns whether, and if so, under what procedures, it is permissible for the Commonwealth in a pending criminal case to conduct a criminal background check of jurors through a Criminal Offender Record Information (CORI) search. See G. L. c. 6, § 172.

Among the questions involved are whether court approval is required before a CORI search may be conducted; whether, assuming the Commonwealth is authorized to conduct the search, it is required to inform a defendant that such a search is being conducted; and at what stage of the proceedings it would be permissible to conduct such a search -- for example, whether it is permissible to conduct CORI searches of (1) the entire jury venire before impanelment; (2) the selected jurors before the parties indicate that they are content with the jury; (3) the impaneled jurors after they have been sworn but before they begin to deliberate; and/or (4) the jurors during their deliberations. If CORI searches are permissible or may be judicially authorized in any or all of these circumstances, is it necessary or appropriate for the judge to inform the affected jurors that CORI searches are to be made of them, and if so, at what point in the proceedings.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

Susan Mellen, Clerk

May 14, 2007