Boston Globe Media Partners, LLC v. Chief Justice of the Trial CourtAnnotate this Case
The Supreme Judicial Court denied the request sought by Boston Globe Media Partners, LLC (the Globe) for declaratory relief under Mass. Gen. Laws ch. 211, 3, holding that records of show cause hearings where a clerk-magistrate in the District Court or the Boston Municipal Court makes a finding of probable cause but declines to exercise his or her discretion to issue a criminal complaint are not presumptively public.
The Globe claimed in this action that the public has a common-law and constitutional right to access the show cause hearing records. The Supreme Judicial Court denied the Globe's request for declaratory relief, holding (1) the records are not presumptively public under the common law, the First Amendment, or article 16 of the Massachusetts Declaration of Rights, as amended by article 77 of the Amendments to the Constitution; (2) any member of the public may request the records of a particular show cause hearing, and a clerk-magistrate or a judge shall grant the request where the interests of justice so require; and (3) this Court now exercises its superintendence authority to require that all show cause hearings be electronically recorded.