DISTRICT ATTORNEY FOR THE NORTHWESTERN DIST. v. EASTERN HAMPSHIRE DIV. OF THE DIST. COURT DEP'T.

SJC-10054

452 Mass. 199 (2008)

DISTRICT ATTORNEY FOR THE NORTHWESTERN DISTRICT v. EASTERN HAMPSHIRE DIVISION OF THE DISTRICT COURT DEPARTMENT (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

August 18, 2008.


Attorney(s) appearing for the Case

Judith Ellen Pietras, Assistant District Attorney, for District Attorney for the Northwestern District & another.

Daniel P. Sullivan (Brian T. Mulcahy with him) for Eastern Hampshire Division of the District Court Department & another.

Joel B. Bard, for town of Hadley, was present but did not argue.

Jane Davidson Montori, Assistant District Attorney, for District Attorney for the Hampden District, was present but did not argue.

Daniel F. Conley, District Attorney, John P. Zanini & Janis DiLoreto Noble, Assistant District Attorneys, for District Attorney for the Suffolk District & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, CORDY, & BOTSFORD, JJ.


BOTSFORD, J.

When a district attorney successfully moves under G. L. c. 94C, § 47 (b), to forfeit money connected to an illegal drug transaction, what is the appropriate disposition of the forfeited funds? In two separate cases, a judge in the District Court answered this question by ordering that the money be deposited in the Commonwealth's General Fund, rather than shared between the law enforcement trust funds of the prosecuting district attorney and...

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