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COMMISSIONER OF CORRECTION v. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT

446 Mass. 123 (2006)

COMMISSIONER OF CORRECTION v. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT FOR THE COUNTY OF WORCESTER & others.

Supreme Court of Massachusetts, Suffolk.

February 27, 2006.

Attorney(s) appearing for the Case

William D. Saltzman for the plaintiff.

Ellyn H. Lazar-Moore, Assistant District Attorney, for the District Attorney for the Middle District.

Present: MARSHALL, C.J., GREANFY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

In this case, we consider whether G. L. c. 276, § 52A, authorizes a judge in the Superior Court to order the "removal" (transfer) of pretrial detainees from a county jail to a State correctional facility. We conclude that it does not.

Background. On August 16, 2005, the district attorney for the middle district (Worcester) submitted a written request to a judge in the Superior Court seeking an ex parte order that fifty-one pretrial detainees...

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