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COMMONWEALTH v. CLERK OF THE BOSTON DIVISION OF THE JUVENILE COURT DEPARTMENT

432 Mass. 693 (2000)

COMMONWEALTH v. CLERK OF THE BOSTON DIVISION OF THE JUVENILE COURT DEPARTMENT.

Supreme Judicial Court of Massachusetts, Suffolk.

November 28, 2000.

Attorney(s) appearing for the Case

Christopher Pohl, Assistant District Attorney, for the Commonwealth.

Conrad John Bletzer, Jr., for the juvenile.

The following submitted briefs for amici curiae:

Merita A. Hopkins & Alicia S. McDonnell for Boston Police Department.

Barbara J. Dougan for Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association.

Gary M. Bishop for Boston Municipal Court Department.

Carl Valvo & Angela G. Lehman for Association of Magistrates and Assistant Clerks of the Trial Court.

Jennifer L. Levi for Gay & Lesbian Advocates and Defenders.

John J. Conte, Paul F. Walsh, Jr., Kevin Michael Burke, William M. Bennett, & Michael J. Sullivan, District Attorneys, & Katherine E. McMahon, Assistant District Attorney, for District Attorney for the Bristol District & others.

Alexander G. Gray, Jr., for Administrative Office of the Trial Court & others.

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

ABRAMS, J.

Pursuant to G. L. c. 211, § 3, the Commonwealth appeals from a single justice's denial of its request for an order requiring the first assistant clerk-magistrate (magistrate) of the Boston Juvenile Court to either grant or deny its request for criminal process to issue against a juvenile under G. L. c. 218, § 35A. The magistrate had declined to grant or deny the request but had held the application "open" in contemplation of dismissal. The magistrate...

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