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IN THE MATTER OF A GRAND JURY SUBPOENA

430 Mass. 590 (2000)

IN THE MATTER OF A GRAND JURY SUBPOENA (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 20, 2000.

Attorney(s) appearing for the Case

Joseph J. Brodigan (Joseph Brodigan, Jr., with him) for a juvenile.

John C. Koslowsky for the parents.

Daniel Bennett for other parents.

Tracey A. Cusick, Assistant District Attorney (Jeanmarie Carroll, Assistant District Attorney, with her) for the Commonwealth.

John R. McDonald, Jr., for another juvenile, was present but did not argue.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA, & COWIN, JJ.

IRELAND, J.

A single justice of this court has reserved and reported without decision the question whether we should create, on the basis of social policy considerations, a testimonial privilege for the parents of juveniles who have been subpoenaed to appear before a grand jury investigating the possible rape of another minor child by the juveniles.1 Because we conclude that the Legislature, in the first instance, is the more appropriate...

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