Audit of the New Bedford District Court Overview of Audited Entity

This section describes the makeup and responsibilities of the New Bedford District Court.

Overview

The District Court Department, established under Section 1 of Chapter 211B of the Massachusetts General Laws, is one of seven departments of the Massachusetts Trial Court. Chapter 478 of the Acts of 1978 restructured the Massachusetts Trial Court into these seven departments: the Boston Municipal Court, the Land Court, the Housing Court, the Juvenile Court, the Probate and Family Court, the Superior Court, and the District Court.

According to the District Court Department’s website,

The District Court Department hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. District Court criminal jurisdiction extends to all felonies punishable by a sentence up to 5 years, and many other specific felonies with greater potential penalties, all misdemeanors, and all violations of city and town ordinances and by-laws. In civil matters, the District Court hears cases in which the damages are not likely to be more than $50,000, and small claims cases up to $7,000.

The District Court Department consists of 62 courts across the Commonwealth, one of which is the New Bedford District Court (NBDC). NBDC presides over civil, criminal, and other matters in its territorial jurisdiction: the city of New Bedford and the towns of Acushnet, Dartmouth, Fairhaven, Freetown, and Westport.

NBDC has not received an individual state appropriation since 2009. All of its funds for wages, employee benefits, and administrative expenses come from Massachusetts Trial Court appropriations for the district courts. The district courts in Massachusetts were allocated $77,540,004 in fiscal year 2021 and $72,444,291 in fiscal year 2022. For supplies, travel, etc., NBDC requests funds from the Massachusetts Trial Court. NBDC received an allotment of $17,758 in fiscal year 2021 and $12,585 in fiscal year 2022.

Public Remote Access to Closed Criminal Cases

The public may access court records either at the courthouse in which the trial took place or through remote access. At a courthouse, individuals can make records requests to the clerk at the counter or use a computer kiosk. The public can remotely access court records through the Massachusetts Trial Court Electronic Case Access system, which is also called MassCourts. MassCourts is the central case management system used by all Massachusetts Trial Court departments. Attorneys registered to practice in Massachusetts can also access court records through the Attorney’s Portal, which is part of MassCourts and allows attorneys to access additional information specific to cases in which they are involved.

Clerk Attendance in Sessions

NBDC has a clerk magistrate, a first assistant clerk, four assistant clerks, and three session clerks. At least one clerk must attend each session of the court and keep a record of session proceedings. These clerk(s) update the criminal docket¹ with the presiding judge(s), dispositions, findings, and other information (e.g., scheduled events related to the case).

1.    According to Rule 1(e) of Massachusetts Trial Court Rule XIV, a docket is “the paper or electronic list of case information maintained by the Clerk that contains the case caption, case number, and a chronological entry identifying the date and title of each paper, order, or judgment filed in a case, and the scheduling and occurrence of events in the case.”

Date published:	April 18, 2024