The BMC has revised standing order 1-09, which permits a judge in one division of the Boston Municipal Court to also seal cases from the other seven BMC courthouses at the same time if there are at least three charges that need to be sealed. The order is revised to say that a court can hold a single hearing and it no longer mandates a judge to hold a preliminary hearing as it previously did. The Standing Order cites the new SJC opinion on CORI sealing —Commonwealth v. Pon. In Pon, the D.A. challenged the Dorchester practice of posting all petitions and holding a single hearing. The SJC said single hearings are fine.
Please note that if you’re using Standing order and seeking to seal cases in more than one division of the BMC at the same time, you have to send a copy of the petition to the D.A. at least 30 days before the hearing. This was in the old standing order too.
The updated Standing Order is attached.
Click the "Go to Website" link below to download the Order from the court's website.
|Boston Municipal Court Department Standing Order NO 1-09 .docx (revised) (1).pdf||75.71 KB|