The Standing Advisory Committee on the Rules of Criminal Procedure (SAC) solicits comments on proposed amendments to Mass. R. Crim. P. 12(c)(3)(A)(iii)(b) and 12(d)(3)(A)(iii)(b).
In Commonwealth v. Petit-Homme, 482 Mass. 775 (2019) the Supreme Judicial Court asked the SAC to review the so-called "rule b" immigration warning that judges are required to provide as part of plea colloquies or admissions to sufficient facts by Mass. R. Crim. P. 12(c)(3)(A)(iii)(b) and 12(d)(3)(A)(iii)(b). Upon review, the SAC concluded that the rule b warning may create a misimpression or misunderstanding among defendants, and when paired with the more general "rule a" immigration warning, see G.L. c. 278, § 29D and Mass. R. Crim. P. 12(c)(3)(A)(iii)(a) and 12(d)(3)(A)(iii)(a), create a significant risk of confusion. Accordingly, the SAC recommends, by the proposed amendments, the elimination of the rule b warning.
The proposed amendments and Reporter's Notes appear at the links below. Comments should be directed to Timothy E. Maguire, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA 02108 on or before December 10, 2019. Comments may also be emailed to timothy.maguire@jud.state.ma.us. Comments received will be made available to the public.