Proposed Best Practices for Use by Prosecutors Making Presentments to the Grand Jury

The Supreme Judicial Court Committee on Grand Jury Proceedings solicits comments on a set of recommended best practices for use by prosecutors in making presentments to the grand jury.

Invitation to Comment

The Supreme Judicial Court Committee on Grand Jury Proceedings solicits comments on a set of recommended best practices for use by prosecutors in making presentments to the grand jury. The Committee was appointed by the Supreme Judicial Court in March 2017 and includes two sitting judges, two retired judges, five prosecutors, three defense lawyers, and one law school professor. (1)

As the Court stated in Commonwealth v. Grassie, 476 Mass. 202 (2017), the Committee was charged with gathering information about current grand jury practices employed by the 11 district attorneys and the Attorney General, and attempting to identify best practices with respect to grand jury presentments. The Committee solicits comments on 14 proposed best practices covering six aspects of the grand jury’s function.

The proposed best practices, along with commentary that sheds light on the law and practice that supports the proposals, appear at the link below. The Committee anticipates some additions being made to the commentary by committee members during the public comment period. Also linked below is a summary of current grand jury practices employed by the Commonwealth’s prosecutor offices, from which the proposed best practices have been selected.

The Committee welcomes all comments on the proposed best practices. Comments should be directed to Maureen McGee, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA 02108 on or before April 2, 2018. Comments may also be emailed to maureen.mcgee@jud.state.ma.us. Comments received will be made available to the public.

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(1) The names of the committee members are listed in Appendix A to the Proposed Best Practices for Making Presentments to the Grand Jury.

Additional Resources for Invitation to Comment

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