Case Details

Issues

Attorney General Duty To Protect Public Interest In Preserving Confidentiality Of Impounded Materials In Criminal Case.

Filing State

MA

Court

Massachusetts Supreme Judicial Court

Year

2007

Citation

Commonwealth v. Silva, 864 N.E.2d 1 (Mass. 2007).

Resolution

the Attorney General must receive notice of, and an opportunity to be heard on, any motion filed in any court by a nonparty to obtain access to impounded documents in a criminal case.

Case Description

A newspaper sought the names of jurors in a case involving gang violence. The trial court, citing juror safety, impounded the information and the newspaper appealed. The Attorney General entered an appearance on behalf of the trial court. The Massachusetts Supreme Court held that In a case of this nature, the Attorney General is best suited to represent the interests of the public, including jurors, where the impounded materials may concern jurors. Accordingly, the Attorney General must receive notice of, and an opportunity to be heard on, any motion filed in any court by a nonparty to obtain access to impounded documents in a criminal case. The court also noted, “This is merely an extension of the Attorney General’s authority to represent judges and courts in litigation, . . . and duty to represent the public interest . . .”