COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS SUPREME JUDICIAL COURT
FOR SUFFOLK COUNTY
NO. 

BOSTON GLOBE MEDIA LLC

CHIEF JUSTICE OF THE TRIAL COURT AND CHIEF JUSTICE OF THE
DISTRICT COURT DEPARTMENT

RESERVATION AND REPORT

 

This case came before the Court, Lowy, J., as a petition
'pursuant to G. L. c. 211, The petitioner seeks review of
the policy and practice of the district court department of
denying the public a presumptive common law or constitutional
right of access to the records of show cause hearings conducted
pursuant to G. L. c. 218, 35A after a judicial officer makes a
finding of probable cause but nevertheless declines to issue
process or a criminal complaint. A hearing was held before me
on December 27, 2018. At the conclusion of the hearing I issued
an interim order calling for the parties to provide, among other
things, a statement of agreed facts in anticipation of a

possible reservation and report.

I reserve and report this case for determination by the
Supreme Judicial Court for the Commonwealth on the record now
before me.

The record before the full court shall consist of the
following: I

l. the petition to the single justice of the Supreme
Judicial Court for Suffolk County for-declaratory relief
pursuant to G. L. c. 211, 3;

2. the memorandum of law in support of the petition to the
single justice of the Supreme Judicial Court for Suffolk County

for review pursuant to G. L. c. 211, 3 with exhibits 

3. the respondents' memorandum in opposition to the
petition for declaratory relief pursuant to G. L. c. 211, 3;

4. the order dated January 4,-2019;

5. the stipulation of facts with exhibits 
6. docket sheets in 

7. this Reservation and Report.

This matter shall proceed in all respects in conformance
with the Massachusetts Rules of Appellate Procedure. The
petitioner is designated the appellant; the respondents are
designated the appellee. The petitioner shall pay the entry fee

and docket the appeal in the full court 

The petitioner's brief will be due on or before February
28, 2019. The respondents? brief will be due on or before March
22, 2019. No extension of time for briefing should be expected.
Oral argument shall be soheduled for the April sitting of the

court.



 

ASSOC Justice

Entered: January 29, 2019