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COMMONWEALTH v. ELLIS

429 Mass. 362 (1999)

COMMONWEALTH v. JAMES N. ELLIS, JR. (and 104 companion cases).

Supreme Judicial Court of Massachusetts, Worcester.

April 14, 1999.

Attorney(s) appearing for the Case

Max D. Stern (Patricia L. Garin & Edward P. Ryan, Jr., with him) for the defendants.

Erin K. Olson, Assistant Attorney General, for the Commonwealth.

The following submitted briefs for amici curiae:

Alan B. Morrison, of the District of Columbia, John Reinstein, & Josh Friedes for Public Citizen, Common Cause of Massachusetts & another.

Mark S. Mandell & Jeffrey R. White, of the District of Columbia, for Association of Trial Lawyers of America.

E. Michael Sloman & Michael B. Meyer for Insurance Fraud Bureau.

Kirk J. Nahra & Timothy Simeone, of the District of Columbia, & Maria Ollari for Coalition Against Insurance Fraud.

Steven H. Schafer, Frank C. Corso, Peter J. Perroni, John J. St. Andre, Camille F. Sarrouf, & Martin W. Healy for Massachusetts Academy of Trial Attorneys & another.

Barbara Bergman, of New Mexico, Matthew H. Feinberg, & Matthew A. Kamholtz for National Association of Criminal Defense Lawyers & another.

Present: WILKINS, C.J., LYNCH, GREANEY, FRIED, & MARSHALL, JJ.

WILKINS, C.J.

The matter before us involves the question whether or not the Attorney General's office is a disinterested prosecutor and, therefore, the indictments against the defendants should have been dismissed, or, alternatively, the Attorney General's office should be disqualified from prosecuting the indictments. Each defendant was a partner, of counsel, an employee, or a client of the former Worcester law firm of Ellis & Ellis, and each is charged with...

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