Statement of DA Rollins in Response to the Decision of the Single Justice of the Supreme Judicial Court

BOSTON, November 24, 2020 — I am grateful for yesterday’s swift decision from the Single Justice, but I am not surprised. I am grateful that protections will be taken to ensure the health of everyone in court. This decision makes perfectly clear -- yet again -- that the judges of the Boston Municipal Court must conform to court orders and settled law. Indeed, the surprise here is not the decision, but that my Office had to waste taxpayer resources and staff time and effort to re-litigate issues that are well settled. The ruling states the obvious: judges are required to abide by both their court’s own standing order and the orders of the Supreme Judicial Court that are in place to ensure that all individuals who come in contact with or work in the court – whether they be defendants, victims, witnesses, attorneys, court staff or judges – are protected from unnecessary exposure to COVID-19. 

This decision goes beyond a call to comply with orders in place to protect public health.  It reaffirms prosecutors’ authority to use discretion in determining whether to pursue a criminal case and how to best utilize our limited resources. It affirms the sole authority and discretion of the District Attorney to determine which cases to prosecute.

This is the second time in the course of roughly a month, and the third time in little more than a year, that my office has been forced to ask the Single Justice to require judges of the Boston Municipal Court to do what is obvious and right. There is no justification for the actions of these rogue lower court judges. My Office should not have been required to devote our limited time and resources to deal with these well-settled matters yet again, and the taxpayers of Massachusetts should not have been forced to foot the bill for this nonsense. 

Finally, in these times when economic hardship impacts both individuals and the state budget, it is incredibly important that, as District Attorney, I have the ability to utilize my centuries old prosecutorial discretion to also be a fiscally responsible financial steward for my office.  As we continue to cope with the impacts of the ongoing pandemic, my staff and I remain laser focused on our mission of serving the people of Suffolk County by ensuring equity and integrity in every criminal proceeding.  Now we can get back to that important work.

Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.