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Audit of the Essex County District Attorney’s Office Overview of Audited Entity

This section describes the makeup and responsibilities of the Essex County District Attorney’s Office.

Overview

The Essex County District Attorney’s Office (EDAO) was established under Sections 12 and 13 of Chapter 12 of the Massachusetts General Laws, which provide for the administration of criminal law and the defense of civil actions brought against the Commonwealth in accordance with Chapter 258 of the General Laws.

EDAO is one of 11 district attorneys’ offices in the Commonwealth and represents the Commonwealth in the prosecution of criminal offenses occurring within its jurisdiction. EDAO serves the 34 cities and towns that make up Essex County. EDAO’s principal administrative and accounting office is located in Salem. In addition, EDAO maintains site offices at eight district courts throughout the county. As of June 30, 2024, EDAO employed 197 individuals, including 70 district attorneys and assistant district attorneys. The current District Attorney was sworn into office on January 2, 2023.

According to EDAO’s 2024 Annual Report,

With a primary mission of keeping Essex County residents safe, the District Attorney’s office prosecutes criminal offenses in our communities in both Essex County Superior Court and in District Court locations throughout the county. The Office of the Essex County District Attorney is staffed with exceptional professional attorneys who specialize in handling cases ranging from homicide to child physical and/or sexual abuse to domestic violence and motor vehicle crimes, among many others.

During fiscal years 2023 and 2024, EDAO received state appropriations of $12,560,466 and $14,216,949, respectively.

Statewide Sexual Assault Evidence Collection Kit Tracking System

Section 18X of Chapter 6A of the General Laws requires the Executive Office of Public Safety and Security (EOPSS) to establish and maintain a statewide tracking system for sexual assault evidence collection kits (SAECKs).1 EOPSS implemented the Track-Kit system, a web-based platform designed to trace SAECKs from distribution through collection, processing, and storage. Key users of the system include the following:

  • medical facilities that perform sexual assault forensic examinations;
  • law enforcement agencies that transport the kits and conduct investigations; and
  • crime laboratories that perform testing and reporting.

Survivors of sexual assault can access a specialized web portal to track the location and testing status of their own kits, enhancing transparency and empowerment throughout the process.

Section 18X(g) of Chapter 6A of the General Laws requires district attorneys’ offices to participate in the statewide sexual assault evidence kit tracking system for the purpose of tracking the status of all sexual assault evidence kits.

The Track-Kit system provides district attorneys’ offices, including EDAO, with several key functions to support their role in handling sexual assault cases. The system allows district attorneys’ offices to assign the direct contact information of a prosecutor or victim witness advocate to a specific SAECK, helping to facilitate communication and support for survivors. District attorneys’ offices can also search for SAECKs that were collected within their jurisdiction and have been assigned to their office, enhancing their ability to monitor and manage case-related evidence throughout the investigative and prosecutorial process.

According to data we obtained from the Track-Kit system, a total of 272 SAECKs within EDAO’s jurisdiction were collected and entered into the system by a medical facility during the audit period.

According to the EOPSS website,

Each department [including district attorneys’ offices] is responsible for determining which personnel shall have access to the department portal and ensure those with access are properly trained in the operation of the tracking system. Each department should have a specific policy in place to address when an authorized user shall no longer access the tracking system and identify when revocation of privileges should occur. . . . Users who are terminated, resigned their employment, or are placed on suspension should have their privileges revoked immediately. Likewise, the policy should also address new user access privileges and training. It is each department’s responsibility to ensure only authorized users have access to the tracking system and are properly trained in the operation of the tracking system.

Cybersecurity Awareness Training

EDAO’s “Security Training and Awareness” policy requires all employees to complete bimonthly cybersecurity awareness training, for a total of six unique trainings per year, and requires new employees to complete training when first hired.

Additionally, the Executive Office of Technology Services and Security (EOTSS) has established policies and procedures that apply to all Commonwealth agencies within the executive branch. EOTSS recommends, but does not require, non-executive branch agencies to follow these policies and procedures. Section 6.2.3 of EOTSS’s Information Security Risk Management Standard IS.0102 required that all newly hired employees complete an initial cybersecurity awareness training course within 30 days of their orientation. Since EDAO’s policy does not specify a timeframe for this initial training, we used EOTSS’s standard as a best practice to measure EDAO’s performance during the audit period in this area.

EDAO used a third-party, web-based training program to provide and track EDAO’s cybersecurity awareness training during the audit period.

State Employee Settlement Agreements

The Office of the Comptroller of the Commonwealth (CTR) has established policies and procedures for Commonwealth agencies processing settlements and judgments.

CTR’s “Settlements and Judgments Policy,” dated January 10, 2022 and in effect during the audit period stated,

A settlement or judgment results from a formal claim (grievance, complaint or law suit) against the Commonwealth that results in either a Settlement Agreement, or a court or administrative award, order or Judgment. . . .

A “claim” is considered any demand by any person for damages to compensate a wrong allegedly suffered, including but not limited to violation of civil rights, breach of contract, failure to comply with contract bidding laws, incorrect or improper personnel determinations regarding pay, promotion or discipline, failure to comply with statutory or constitutional provisions applicable to employment, an eminent domain taking, and attorney’s fees, interest and litigation costs associated with these claims.

For the purposes of our audit, we focused on settlement agreements resulting from claims brought by current or former employees against EDAO for the period of July 1, 2019 through June 30, 2024.

Section 5.00 of Title 815 of the Code of Massachusetts Regulations describes the procedures for agencies to determine the availability of funds for the payment of settlements and judgments against the Commonwealth, as well as reporting requirements. The regulation requires agencies to prepare and submit a report to CTR’s general counsel before making the payment to ensure proper tax reporting. When reporting employee settlements to CTR, state agencies use a Non-Tort Settlement/Judgment Payment Authorization Form (referred to in this report as the SJ Authorization Form) to document whether the claim will be paid by the agency or through the Settlement and Judgment Reserve Fund. The SJ Authorization Form also identifies the type of claim, agency information, employee’s information, the type and amount of damages detailed in the settlement, amount of any attorney’s fees awarded, and the amount of any interest awarded or accrued. Additionally, agencies must include a copy of the employee settlement agreement signed by authorized representatives of both parties when they submit the Authorization Form.

We found that EDAO had not entered into any employee settlement agreements during the audit period.

1.    A SAECK is a sealed box containing a detailed protocol and all the medical equipment to conduct a thorough forensic medical exam of sexual assault survivors at the time of the assault. Police or prosecutors can use evidence collected in criminal investigation or prosecution.

2.    The Executive Office of Technology Services and Security updated the titles and numbers of at least some of its policies and standards between the end of the audit period and the publication of this report. In this report, we reference the titles and numbers of EOTSS’s policies and/or standards as they were during the audit period (unless stated otherwise).

 

Date published: November 25, 2025

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