Commonwealth v. Orbin O.Annotate this Case
At issue was whether the holding in Commonwealth v. Newton N., also decided today, that where a prosecutor wishes to proceed to arraignment on a delinquency complaint supported by probable cause, a juvenile may not dismiss the complaint before arraignment on the grounds that dismissal is in the best interests of the child and in the interests of justice, also limits judicial authority to dismiss a delinquency complaint brought by a private party under Mass. Gen. Laws. ch. 218, 35A, where a clerk-magistrate issued the complaint after finding probable cause. The Supreme Judicial Court held (1) the limitation set forth in Newton N. applies only where the prosecutor has affirmatively adopted the private party’s complaint by moving for arraignment, rather than simply appearing at the scheduled arraignment; and (2) where the prosecutor has not moved for arraignment, a judge considering a juvenile’s motion to dismiss before arraignment may consider whether the clerk-magistrate appropriately exercised sound discretion in issuing the complaint and, in so doing, may consider whether dismissal is in the best interest of the child and in the interests of justice.