![GrantSmithEllis's tweet photo. Yes indeed, Michael Morrissey does assign and control the special prosecutor on Kate Peter's felony case.
That's why I want to reform the special prosecutor statue in Massachusetts!
Everyone should be treated the same and personal connections cannot drive the justice system.
Towel's Proposed Reform Bill:
AN ACT STANDARDIZING THE APPOINTMENT OF SPECIAL PROSECUTORS IN CASES OF DISTRICT ATTORNEY CONFLICTS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 12 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after section 27 the following sections:-
Section 28. (a) As used in sections 28 to 28G, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:
"Applicable case", a criminal proceeding in which (i) the district attorney has formally recused pursuant to Massachusetts Rules of Professional Conduct Rule 1.7 or 1.11, or Rule 3.8 for prosecutorial duties, as informed by commentary under Rule 3:08, or (ii) a court has ordered appointment of a special prosecutor due to a conflict of interest.
"Conflict of interest", a circumstance in which a reasonable person would conclude that the district attorney's personal, financial, institutional, or professional interest presents a substantial risk of materially limiting the district attorney's independent professional judgment in the proceeding, including but not limited to direct relationships with parties, witnesses, victims, or law enforcement agencies involved; provided, however, that mere political affiliation shall not constitute a conflict unless it involves a material financial or personal tie.
"Special prosecutor", an attorney licensed to practice in the commonwealth, not holding any elected or appointed judicial or prosecutorial office, appointed under section 28B to investigate and prosecute an applicable case, independent of the recused district attorney's office.
"Special investigative unit", a team of no fewer than 3 and no more than 10 investigators, appointed under section 28B, consisting primarily of investigators certified by the department of criminal justice information services and sourced from the office of the attorney general or federal agencies with consent, but which may include certified independents vetted by the attorney general excluding private investigators who have worked for the recused DA in the past 5 years; provided, however, that the unit shall exclude any members from the local police department involved in the applicable case or any member of a unit of the Massachusetts state police detailed, currently or previously, to the recused district attorney's office.
"Victim/witness advocate", a designated advocate providing support services to victims or witnesses under chapter 258B, whether employed by a governmental agency or a non-profit organization.
(b) Sections 28 to 28G, inclusive, shall apply to applicable cases arising on or after the effective date of this act, and to ongoing applicable cases where a recusal or court order has been issued on or after said date; provided, however, that for recusals noticed prior to the effective date, the provisions shall apply 90 days thereafter.
Section 28A. (a) Upon receipt of notice of an applicable case from the recused district attorney, a court order, or a sworn petition from a party or witness in the proceeding that has been screened for reasonable grounds to believe a conflict exists by a superior court judge upon payment of a $50 filing fee and showing of standing, the attorney general shall conduct a preliminary investigation to assess the existence of a conflict of interest. The preliminary investigation shall be limited to review of public records, interviews with involved parties, and access to non-privileged documents; provided, however, that the attorney general shall not issue subpoenas, compel testimony, or empanel a grand jury during this phase. The preliminary investigation shall be completed within 60 days of receipt of notice, subject to a single 30-day extension for good cause shown to a superior court judge. If the attorney general determines that no conflict exists, the attorney general shall release public findings, redacted by order of a superior court judge to protect sensitive information.
(b) Upon a finding of probable conflict, the attorney general shall recommend to the governor the appointment of a special prosecutor and special investigative unit. The governor shall appoint such special prosecutor within 14 days of receipt of the recommendation, or upon court extension for good cause.
(c) The governor shall transmit to the general court, within 30 days of appointment, a proposed yearly budget for the special prosecutor and unit, not to exceed 5 per cent of the annual budget of the recused district attorney's office per applicable case, for approval by the house and senate committees on ways and means; provided, however, that the budget shall be deemed approved if not acted upon within 60 days, with interim funding from the governor's contingency appropriation under section 6 of chapter 29.
(d) Prior to appointment, the prospective special prosecutor shall file with the governor a sworn disclosure of any material relationships within the past 5 years with parties, witnesses, victims, law enforcement, or political donors, or any family members thereof, in the applicable case, including professional, financial, or direct social connections. The disclosure shall be public, subject to redaction by superior court order. Failure to disclose a material relationship shall result in immediate removal by the governor, referral to the board of bar overseers, and a civil penalty of not more than $10,000 enforceable in superior court and collected by the attorney general; provided, however, that knowing nondisclosure shall constitute a misdemeanor punishable by a fine of not more than $5,000 or imprisonment for not more than 1 year, or both. The special investigative unit shall be appointed concurrently with the special prosecutor and shall operate under the direction of the special prosecutor.
(e) The scope of the appointment, including jurisdiction and duration not exceeding 2 years, shall be approved at a public hearing before a single justice of the superior court within 30 days of appointment. The hearing shall be limited to disputes over scope and shall be open to the public unless sealed by court order for good cause. Attorneys for affected parties may appear and be heard; provided, however, that no interlocutory appeals shall lie, with finality subject to supreme judicial court superintendence.
(f) The special prosecutor and unit may request additional time or resources from the governor for good cause, subject to superior court review within 14 days.
(g) The special prosecutor shall have all powers and duties of a district attorney under chapters 12, 218, and 263, except the power to empanel a grand jury, which shall remain with the superior court. The special investigative unit shall have access to records and may conduct interviews, subject to court orders; provided, however, that the special prosecutor may issue subpoenas on behalf of the unit enforceable in superior court, subject to the standards of chapter 233, section 1. Pending grand jury proceedings shall transfer to the superior court for continuation under special prosecutor direction.
(h) The special prosecutor may bring charges only after a public probable cause hearing before a superior court judge, open to the public unless sealed for good cause. This requirement shall not apply to misdemeanor charges added after a felony indictment or bind-over to superior court.
(i) The special prosecutor shall prosecute charges in the appropriate district or superior court and may appear before the supreme judicial court on appeals. At the conclusion of the applicable case, the special prosecutor shall file a public report with the attorney general and governor, including findings, outcomes, and recommendations for systemic reforms, which shall be published online.
Section 28B. (a)The special investigative unit shall maintain operational independence and shall not share non-public information with the recused district attorney's office or involved law enforcement during the applicable case. At the conclusion of the appointment, the unit shall return all records to the office of the attorney general for archival under public records law and shall disband unless reappointed for another applicable case.
(b) No member of the special investigative unit shall provide services in an applicable case if such a member of the special investigative unit has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(c) Members of the special investigative unit shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28C. (a) No victim/witness advocate shall provide services in an applicable case if the advocate has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(b) Victim/witness advocates shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28D. (a) Sections 28 to 28G, inclusive, shall apply to any applicable case where a recusal or court order has been issued after the effective date, including ongoing cases post-indictment or post-arrest.
(b) Upon applicability, all records, evidence, and proceedings shall transfer to the special prosecutor within 30 days, subject to a superior court order extending for good cause related to case volume, with notice to victims as required under chapter 258B. Failure to transfer shall constitute contempt.
(c) The superior court may stay proceedings for not more than 45 days upon motion by any party or sua sponte to prevent prejudice, with opportunity for victim input under chapter 258B, and with tolling of speedy trial rights under section 72 of chapter 276.
(d) Upon assumption of the case, the special prosecutor may review prior actions and move to vacate orders or dismiss charges tainted by the conflict, including pre-transfer actions, upon a showing of prejudice by a preponderance of the evidence; provided, however, that post-indictment dismissals shall not bar refiling absent double jeopardy.
(e) The special prosecutor shall complete any required review and file motions under subsection (d) within 45 days of transfer.
Section 28E. (a) If the attorney general determines a conflict under section 28A(a) that would impair the attorney general's role in the preliminary investigation, the attorney general shall notify the governor and file a motion for recusal with the supreme judicial court. The court shall assign the matter to a single justice for resolution within 30 days.
(b) Upon recusal of the attorney general, the governor shall appoint an interim special investigator, such as a special master or attorney from an unaffiliated office, to conduct the preliminary investigation.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court upon recusal.
Section 28F. (a) If the governor determines a conflict impairing the governor's appointment role, the governor shall self-recuse and notify the attorney general, who shall file a motion with the supreme judicial court only if not previously recused under section 28E. The court shall assign to a single justice for resolution within 30 days, who may appoint a special master to conduct any necessary review.
(b) Upon recusal of the governor, and following any attorney general recusal under section 28E, the supreme judicial court shall assume the appointment role or recommend a special master to itself.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court.
(d) Resolutions under sections 28E and 28F shall be final, subject to expedited review only on direct appeal to the full supreme judicial court within 14 days for abuse of discretion, defined as arbitrary or capricious action unsupported by substantial evidence. No further recusal motions shall be permitted absent an extraordinary petition to the full supreme judicial court within 30 days based on newly discovered material facts.
Section 28G. By December 31 of each year, the attorney general shall submit to the general court an aggregate report on all applicable cases under this chapter, including appointment statistics, outcomes, and recommendations for legislative adjustments, redacted as necessary to comply with chapter 66.
SECTION 2. This act shall take effect on [X].
SECTION 3. If any of the sections or subsections of this act shall be deemed unconstitutional, the remaining sections and subsections shall remain in full force and effect.](https://pbs.twimg.com/media/G6dWvZAXQAAgoTr.jpg)
![GrantSmithEllis's tweet photo. Yes indeed, Michael Morrissey does assign and control the special prosecutor on Kate Peter's felony case.
That's why I want to reform the special prosecutor statue in Massachusetts!
Everyone should be treated the same and personal connections cannot drive the justice system.
Towel's Proposed Reform Bill:
AN ACT STANDARDIZING THE APPOINTMENT OF SPECIAL PROSECUTORS IN CASES OF DISTRICT ATTORNEY CONFLICTS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 12 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after section 27 the following sections:-
Section 28. (a) As used in sections 28 to 28G, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:
"Applicable case", a criminal proceeding in which (i) the district attorney has formally recused pursuant to Massachusetts Rules of Professional Conduct Rule 1.7 or 1.11, or Rule 3.8 for prosecutorial duties, as informed by commentary under Rule 3:08, or (ii) a court has ordered appointment of a special prosecutor due to a conflict of interest.
"Conflict of interest", a circumstance in which a reasonable person would conclude that the district attorney's personal, financial, institutional, or professional interest presents a substantial risk of materially limiting the district attorney's independent professional judgment in the proceeding, including but not limited to direct relationships with parties, witnesses, victims, or law enforcement agencies involved; provided, however, that mere political affiliation shall not constitute a conflict unless it involves a material financial or personal tie.
"Special prosecutor", an attorney licensed to practice in the commonwealth, not holding any elected or appointed judicial or prosecutorial office, appointed under section 28B to investigate and prosecute an applicable case, independent of the recused district attorney's office.
"Special investigative unit", a team of no fewer than 3 and no more than 10 investigators, appointed under section 28B, consisting primarily of investigators certified by the department of criminal justice information services and sourced from the office of the attorney general or federal agencies with consent, but which may include certified independents vetted by the attorney general excluding private investigators who have worked for the recused DA in the past 5 years; provided, however, that the unit shall exclude any members from the local police department involved in the applicable case or any member of a unit of the Massachusetts state police detailed, currently or previously, to the recused district attorney's office.
"Victim/witness advocate", a designated advocate providing support services to victims or witnesses under chapter 258B, whether employed by a governmental agency or a non-profit organization.
(b) Sections 28 to 28G, inclusive, shall apply to applicable cases arising on or after the effective date of this act, and to ongoing applicable cases where a recusal or court order has been issued on or after said date; provided, however, that for recusals noticed prior to the effective date, the provisions shall apply 90 days thereafter.
Section 28A. (a) Upon receipt of notice of an applicable case from the recused district attorney, a court order, or a sworn petition from a party or witness in the proceeding that has been screened for reasonable grounds to believe a conflict exists by a superior court judge upon payment of a $50 filing fee and showing of standing, the attorney general shall conduct a preliminary investigation to assess the existence of a conflict of interest. The preliminary investigation shall be limited to review of public records, interviews with involved parties, and access to non-privileged documents; provided, however, that the attorney general shall not issue subpoenas, compel testimony, or empanel a grand jury during this phase. The preliminary investigation shall be completed within 60 days of receipt of notice, subject to a single 30-day extension for good cause shown to a superior court judge. If the attorney general determines that no conflict exists, the attorney general shall release public findings, redacted by order of a superior court judge to protect sensitive information.
(b) Upon a finding of probable conflict, the attorney general shall recommend to the governor the appointment of a special prosecutor and special investigative unit. The governor shall appoint such special prosecutor within 14 days of receipt of the recommendation, or upon court extension for good cause.
(c) The governor shall transmit to the general court, within 30 days of appointment, a proposed yearly budget for the special prosecutor and unit, not to exceed 5 per cent of the annual budget of the recused district attorney's office per applicable case, for approval by the house and senate committees on ways and means; provided, however, that the budget shall be deemed approved if not acted upon within 60 days, with interim funding from the governor's contingency appropriation under section 6 of chapter 29.
(d) Prior to appointment, the prospective special prosecutor shall file with the governor a sworn disclosure of any material relationships within the past 5 years with parties, witnesses, victims, law enforcement, or political donors, or any family members thereof, in the applicable case, including professional, financial, or direct social connections. The disclosure shall be public, subject to redaction by superior court order. Failure to disclose a material relationship shall result in immediate removal by the governor, referral to the board of bar overseers, and a civil penalty of not more than $10,000 enforceable in superior court and collected by the attorney general; provided, however, that knowing nondisclosure shall constitute a misdemeanor punishable by a fine of not more than $5,000 or imprisonment for not more than 1 year, or both. The special investigative unit shall be appointed concurrently with the special prosecutor and shall operate under the direction of the special prosecutor.
(e) The scope of the appointment, including jurisdiction and duration not exceeding 2 years, shall be approved at a public hearing before a single justice of the superior court within 30 days of appointment. The hearing shall be limited to disputes over scope and shall be open to the public unless sealed by court order for good cause. Attorneys for affected parties may appear and be heard; provided, however, that no interlocutory appeals shall lie, with finality subject to supreme judicial court superintendence.
(f) The special prosecutor and unit may request additional time or resources from the governor for good cause, subject to superior court review within 14 days.
(g) The special prosecutor shall have all powers and duties of a district attorney under chapters 12, 218, and 263, except the power to empanel a grand jury, which shall remain with the superior court. The special investigative unit shall have access to records and may conduct interviews, subject to court orders; provided, however, that the special prosecutor may issue subpoenas on behalf of the unit enforceable in superior court, subject to the standards of chapter 233, section 1. Pending grand jury proceedings shall transfer to the superior court for continuation under special prosecutor direction.
(h) The special prosecutor may bring charges only after a public probable cause hearing before a superior court judge, open to the public unless sealed for good cause. This requirement shall not apply to misdemeanor charges added after a felony indictment or bind-over to superior court.
(i) The special prosecutor shall prosecute charges in the appropriate district or superior court and may appear before the supreme judicial court on appeals. At the conclusion of the applicable case, the special prosecutor shall file a public report with the attorney general and governor, including findings, outcomes, and recommendations for systemic reforms, which shall be published online.
Section 28B. (a)The special investigative unit shall maintain operational independence and shall not share non-public information with the recused district attorney's office or involved law enforcement during the applicable case. At the conclusion of the appointment, the unit shall return all records to the office of the attorney general for archival under public records law and shall disband unless reappointed for another applicable case.
(b) No member of the special investigative unit shall provide services in an applicable case if such a member of the special investigative unit has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(c) Members of the special investigative unit shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28C. (a) No victim/witness advocate shall provide services in an applicable case if the advocate has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(b) Victim/witness advocates shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28D. (a) Sections 28 to 28G, inclusive, shall apply to any applicable case where a recusal or court order has been issued after the effective date, including ongoing cases post-indictment or post-arrest.
(b) Upon applicability, all records, evidence, and proceedings shall transfer to the special prosecutor within 30 days, subject to a superior court order extending for good cause related to case volume, with notice to victims as required under chapter 258B. Failure to transfer shall constitute contempt.
(c) The superior court may stay proceedings for not more than 45 days upon motion by any party or sua sponte to prevent prejudice, with opportunity for victim input under chapter 258B, and with tolling of speedy trial rights under section 72 of chapter 276.
(d) Upon assumption of the case, the special prosecutor may review prior actions and move to vacate orders or dismiss charges tainted by the conflict, including pre-transfer actions, upon a showing of prejudice by a preponderance of the evidence; provided, however, that post-indictment dismissals shall not bar refiling absent double jeopardy.
(e) The special prosecutor shall complete any required review and file motions under subsection (d) within 45 days of transfer.
Section 28E. (a) If the attorney general determines a conflict under section 28A(a) that would impair the attorney general's role in the preliminary investigation, the attorney general shall notify the governor and file a motion for recusal with the supreme judicial court. The court shall assign the matter to a single justice for resolution within 30 days.
(b) Upon recusal of the attorney general, the governor shall appoint an interim special investigator, such as a special master or attorney from an unaffiliated office, to conduct the preliminary investigation.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court upon recusal.
Section 28F. (a) If the governor determines a conflict impairing the governor's appointment role, the governor shall self-recuse and notify the attorney general, who shall file a motion with the supreme judicial court only if not previously recused under section 28E. The court shall assign to a single justice for resolution within 30 days, who may appoint a special master to conduct any necessary review.
(b) Upon recusal of the governor, and following any attorney general recusal under section 28E, the supreme judicial court shall assume the appointment role or recommend a special master to itself.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court.
(d) Resolutions under sections 28E and 28F shall be final, subject to expedited review only on direct appeal to the full supreme judicial court within 14 days for abuse of discretion, defined as arbitrary or capricious action unsupported by substantial evidence. No further recusal motions shall be permitted absent an extraordinary petition to the full supreme judicial court within 30 days based on newly discovered material facts.
Section 28G. By December 31 of each year, the attorney general shall submit to the general court an aggregate report on all applicable cases under this chapter, including appointment statistics, outcomes, and recommendations for legislative adjustments, redacted as necessary to comply with chapter 66.
SECTION 2. This act shall take effect on [X].
SECTION 3. If any of the sections or subsections of this act shall be deemed unconstitutional, the remaining sections and subsections shall remain in full force and effect.](https://pbs.twimg.com/media/G6dWqgfXAAAguHy.jpg)
![GrantSmithEllis's tweet photo. Yes indeed, Michael Morrissey does assign and control the special prosecutor on Kate Peter's felony case.
That's why I want to reform the special prosecutor statue in Massachusetts!
Everyone should be treated the same and personal connections cannot drive the justice system.
Towel's Proposed Reform Bill:
AN ACT STANDARDIZING THE APPOINTMENT OF SPECIAL PROSECUTORS IN CASES OF DISTRICT ATTORNEY CONFLICTS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 12 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after section 27 the following sections:-
Section 28. (a) As used in sections 28 to 28G, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:
"Applicable case", a criminal proceeding in which (i) the district attorney has formally recused pursuant to Massachusetts Rules of Professional Conduct Rule 1.7 or 1.11, or Rule 3.8 for prosecutorial duties, as informed by commentary under Rule 3:08, or (ii) a court has ordered appointment of a special prosecutor due to a conflict of interest.
"Conflict of interest", a circumstance in which a reasonable person would conclude that the district attorney's personal, financial, institutional, or professional interest presents a substantial risk of materially limiting the district attorney's independent professional judgment in the proceeding, including but not limited to direct relationships with parties, witnesses, victims, or law enforcement agencies involved; provided, however, that mere political affiliation shall not constitute a conflict unless it involves a material financial or personal tie.
"Special prosecutor", an attorney licensed to practice in the commonwealth, not holding any elected or appointed judicial or prosecutorial office, appointed under section 28B to investigate and prosecute an applicable case, independent of the recused district attorney's office.
"Special investigative unit", a team of no fewer than 3 and no more than 10 investigators, appointed under section 28B, consisting primarily of investigators certified by the department of criminal justice information services and sourced from the office of the attorney general or federal agencies with consent, but which may include certified independents vetted by the attorney general excluding private investigators who have worked for the recused DA in the past 5 years; provided, however, that the unit shall exclude any members from the local police department involved in the applicable case or any member of a unit of the Massachusetts state police detailed, currently or previously, to the recused district attorney's office.
"Victim/witness advocate", a designated advocate providing support services to victims or witnesses under chapter 258B, whether employed by a governmental agency or a non-profit organization.
(b) Sections 28 to 28G, inclusive, shall apply to applicable cases arising on or after the effective date of this act, and to ongoing applicable cases where a recusal or court order has been issued on or after said date; provided, however, that for recusals noticed prior to the effective date, the provisions shall apply 90 days thereafter.
Section 28A. (a) Upon receipt of notice of an applicable case from the recused district attorney, a court order, or a sworn petition from a party or witness in the proceeding that has been screened for reasonable grounds to believe a conflict exists by a superior court judge upon payment of a $50 filing fee and showing of standing, the attorney general shall conduct a preliminary investigation to assess the existence of a conflict of interest. The preliminary investigation shall be limited to review of public records, interviews with involved parties, and access to non-privileged documents; provided, however, that the attorney general shall not issue subpoenas, compel testimony, or empanel a grand jury during this phase. The preliminary investigation shall be completed within 60 days of receipt of notice, subject to a single 30-day extension for good cause shown to a superior court judge. If the attorney general determines that no conflict exists, the attorney general shall release public findings, redacted by order of a superior court judge to protect sensitive information.
(b) Upon a finding of probable conflict, the attorney general shall recommend to the governor the appointment of a special prosecutor and special investigative unit. The governor shall appoint such special prosecutor within 14 days of receipt of the recommendation, or upon court extension for good cause.
(c) The governor shall transmit to the general court, within 30 days of appointment, a proposed yearly budget for the special prosecutor and unit, not to exceed 5 per cent of the annual budget of the recused district attorney's office per applicable case, for approval by the house and senate committees on ways and means; provided, however, that the budget shall be deemed approved if not acted upon within 60 days, with interim funding from the governor's contingency appropriation under section 6 of chapter 29.
(d) Prior to appointment, the prospective special prosecutor shall file with the governor a sworn disclosure of any material relationships within the past 5 years with parties, witnesses, victims, law enforcement, or political donors, or any family members thereof, in the applicable case, including professional, financial, or direct social connections. The disclosure shall be public, subject to redaction by superior court order. Failure to disclose a material relationship shall result in immediate removal by the governor, referral to the board of bar overseers, and a civil penalty of not more than $10,000 enforceable in superior court and collected by the attorney general; provided, however, that knowing nondisclosure shall constitute a misdemeanor punishable by a fine of not more than $5,000 or imprisonment for not more than 1 year, or both. The special investigative unit shall be appointed concurrently with the special prosecutor and shall operate under the direction of the special prosecutor.
(e) The scope of the appointment, including jurisdiction and duration not exceeding 2 years, shall be approved at a public hearing before a single justice of the superior court within 30 days of appointment. The hearing shall be limited to disputes over scope and shall be open to the public unless sealed by court order for good cause. Attorneys for affected parties may appear and be heard; provided, however, that no interlocutory appeals shall lie, with finality subject to supreme judicial court superintendence.
(f) The special prosecutor and unit may request additional time or resources from the governor for good cause, subject to superior court review within 14 days.
(g) The special prosecutor shall have all powers and duties of a district attorney under chapters 12, 218, and 263, except the power to empanel a grand jury, which shall remain with the superior court. The special investigative unit shall have access to records and may conduct interviews, subject to court orders; provided, however, that the special prosecutor may issue subpoenas on behalf of the unit enforceable in superior court, subject to the standards of chapter 233, section 1. Pending grand jury proceedings shall transfer to the superior court for continuation under special prosecutor direction.
(h) The special prosecutor may bring charges only after a public probable cause hearing before a superior court judge, open to the public unless sealed for good cause. This requirement shall not apply to misdemeanor charges added after a felony indictment or bind-over to superior court.
(i) The special prosecutor shall prosecute charges in the appropriate district or superior court and may appear before the supreme judicial court on appeals. At the conclusion of the applicable case, the special prosecutor shall file a public report with the attorney general and governor, including findings, outcomes, and recommendations for systemic reforms, which shall be published online.
Section 28B. (a)The special investigative unit shall maintain operational independence and shall not share non-public information with the recused district attorney's office or involved law enforcement during the applicable case. At the conclusion of the appointment, the unit shall return all records to the office of the attorney general for archival under public records law and shall disband unless reappointed for another applicable case.
(b) No member of the special investigative unit shall provide services in an applicable case if such a member of the special investigative unit has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(c) Members of the special investigative unit shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28C. (a) No victim/witness advocate shall provide services in an applicable case if the advocate has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(b) Victim/witness advocates shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28D. (a) Sections 28 to 28G, inclusive, shall apply to any applicable case where a recusal or court order has been issued after the effective date, including ongoing cases post-indictment or post-arrest.
(b) Upon applicability, all records, evidence, and proceedings shall transfer to the special prosecutor within 30 days, subject to a superior court order extending for good cause related to case volume, with notice to victims as required under chapter 258B. Failure to transfer shall constitute contempt.
(c) The superior court may stay proceedings for not more than 45 days upon motion by any party or sua sponte to prevent prejudice, with opportunity for victim input under chapter 258B, and with tolling of speedy trial rights under section 72 of chapter 276.
(d) Upon assumption of the case, the special prosecutor may review prior actions and move to vacate orders or dismiss charges tainted by the conflict, including pre-transfer actions, upon a showing of prejudice by a preponderance of the evidence; provided, however, that post-indictment dismissals shall not bar refiling absent double jeopardy.
(e) The special prosecutor shall complete any required review and file motions under subsection (d) within 45 days of transfer.
Section 28E. (a) If the attorney general determines a conflict under section 28A(a) that would impair the attorney general's role in the preliminary investigation, the attorney general shall notify the governor and file a motion for recusal with the supreme judicial court. The court shall assign the matter to a single justice for resolution within 30 days.
(b) Upon recusal of the attorney general, the governor shall appoint an interim special investigator, such as a special master or attorney from an unaffiliated office, to conduct the preliminary investigation.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court upon recusal.
Section 28F. (a) If the governor determines a conflict impairing the governor's appointment role, the governor shall self-recuse and notify the attorney general, who shall file a motion with the supreme judicial court only if not previously recused under section 28E. The court shall assign to a single justice for resolution within 30 days, who may appoint a special master to conduct any necessary review.
(b) Upon recusal of the governor, and following any attorney general recusal under section 28E, the supreme judicial court shall assume the appointment role or recommend a special master to itself.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court.
(d) Resolutions under sections 28E and 28F shall be final, subject to expedited review only on direct appeal to the full supreme judicial court within 14 days for abuse of discretion, defined as arbitrary or capricious action unsupported by substantial evidence. No further recusal motions shall be permitted absent an extraordinary petition to the full supreme judicial court within 30 days based on newly discovered material facts.
Section 28G. By December 31 of each year, the attorney general shall submit to the general court an aggregate report on all applicable cases under this chapter, including appointment statistics, outcomes, and recommendations for legislative adjustments, redacted as necessary to comply with chapter 66.
SECTION 2. This act shall take effect on [X].
SECTION 3. If any of the sections or subsections of this act shall be deemed unconstitutional, the remaining sections and subsections shall remain in full force and effect.](https://pbs.twimg.com/media/G6dWmzHWoAAcL-L.jpg)
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@IanRunkle Iโm sure they look to target wealthy folks.
@SenatorShaheen Bullshit
@bostonradio Classic
The two NH Senators, vote against the SAVE AMERICA Act, which is basically what NH has for election laws.
These two corrupt bitches do NOT represent NH. They represent the Deep State.
@SenatorShaheen @SenatorHassan
@MarioNawfal So maybe the simple-minded will begin to see that Fox is not really what they think it is. #DYSTOPIA
Yes indeed, Michael Morrissey does assign and control the special prosecutor on Kate Peter's felony case.
That's why I want to reform the special prosecutor statue in Massachusetts!
Everyone should be treated the same and personal connections cannot drive the justice system.
Towel's Proposed Reform Bill:
AN ACT STANDARDIZING THE APPOINTMENT OF SPECIAL PROSECUTORS IN CASES OF DISTRICT ATTORNEY CONFLICTS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 12 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after section 27 the following sections:-
Section 28. (a) As used in sections 28 to 28G, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:
"Applicable case", a criminal proceeding in which (i) the district attorney has formally recused pursuant to Massachusetts Rules of Professional Conduct Rule 1.7 or 1.11, or Rule 3.8 for prosecutorial duties, as informed by commentary under Rule 3:08, or (ii) a court has ordered appointment of a special prosecutor due to a conflict of interest.
"Conflict of interest", a circumstance in which a reasonable person would conclude that the district attorney's personal, financial, institutional, or professional interest presents a substantial risk of materially limiting the district attorney's independent professional judgment in the proceeding, including but not limited to direct relationships with parties, witnesses, victims, or law enforcement agencies involved; provided, however, that mere political affiliation shall not constitute a conflict unless it involves a material financial or personal tie.
"Special prosecutor", an attorney licensed to practice in the commonwealth, not holding any elected or appointed judicial or prosecutorial office, appointed under section 28B to investigate and prosecute an applicable case, independent of the recused district attorney's office.
"Special investigative unit", a team of no fewer than 3 and no more than 10 investigators, appointed under section 28B, consisting primarily of investigators certified by the department of criminal justice information services and sourced from the office of the attorney general or federal agencies with consent, but which may include certified independents vetted by the attorney general excluding private investigators who have worked for the recused DA in the past 5 years; provided, however, that the unit shall exclude any members from the local police department involved in the applicable case or any member of a unit of the Massachusetts state police detailed, currently or previously, to the recused district attorney's office.
"Victim/witness advocate", a designated advocate providing support services to victims or witnesses under chapter 258B, whether employed by a governmental agency or a non-profit organization.
(b) Sections 28 to 28G, inclusive, shall apply to applicable cases arising on or after the effective date of this act, and to ongoing applicable cases where a recusal or court order has been issued on or after said date; provided, however, that for recusals noticed prior to the effective date, the provisions shall apply 90 days thereafter.
Section 28A. (a) Upon receipt of notice of an applicable case from the recused district attorney, a court order, or a sworn petition from a party or witness in the proceeding that has been screened for reasonable grounds to believe a conflict exists by a superior court judge upon payment of a $50 filing fee and showing of standing, the attorney general shall conduct a preliminary investigation to assess the existence of a conflict of interest. The preliminary investigation shall be limited to review of public records, interviews with involved parties, and access to non-privileged documents; provided, however, that the attorney general shall not issue subpoenas, compel testimony, or empanel a grand jury during this phase. The preliminary investigation shall be completed within 60 days of receipt of notice, subject to a single 30-day extension for good cause shown to a superior court judge. If the attorney general determines that no conflict exists, the attorney general shall release public findings, redacted by order of a superior court judge to protect sensitive information.
(b) Upon a finding of probable conflict, the attorney general shall recommend to the governor the appointment of a special prosecutor and special investigative unit. The governor shall appoint such special prosecutor within 14 days of receipt of the recommendation, or upon court extension for good cause.
(c) The governor shall transmit to the general court, within 30 days of appointment, a proposed yearly budget for the special prosecutor and unit, not to exceed 5 per cent of the annual budget of the recused district attorney's office per applicable case, for approval by the house and senate committees on ways and means; provided, however, that the budget shall be deemed approved if not acted upon within 60 days, with interim funding from the governor's contingency appropriation under section 6 of chapter 29.
(d) Prior to appointment, the prospective special prosecutor shall file with the governor a sworn disclosure of any material relationships within the past 5 years with parties, witnesses, victims, law enforcement, or political donors, or any family members thereof, in the applicable case, including professional, financial, or direct social connections. The disclosure shall be public, subject to redaction by superior court order. Failure to disclose a material relationship shall result in immediate removal by the governor, referral to the board of bar overseers, and a civil penalty of not more than $10,000 enforceable in superior court and collected by the attorney general; provided, however, that knowing nondisclosure shall constitute a misdemeanor punishable by a fine of not more than $5,000 or imprisonment for not more than 1 year, or both. The special investigative unit shall be appointed concurrently with the special prosecutor and shall operate under the direction of the special prosecutor.
(e) The scope of the appointment, including jurisdiction and duration not exceeding 2 years, shall be approved at a public hearing before a single justice of the superior court within 30 days of appointment. The hearing shall be limited to disputes over scope and shall be open to the public unless sealed by court order for good cause. Attorneys for affected parties may appear and be heard; provided, however, that no interlocutory appeals shall lie, with finality subject to supreme judicial court superintendence.
(f) The special prosecutor and unit may request additional time or resources from the governor for good cause, subject to superior court review within 14 days.
(g) The special prosecutor shall have all powers and duties of a district attorney under chapters 12, 218, and 263, except the power to empanel a grand jury, which shall remain with the superior court. The special investigative unit shall have access to records and may conduct interviews, subject to court orders; provided, however, that the special prosecutor may issue subpoenas on behalf of the unit enforceable in superior court, subject to the standards of chapter 233, section 1. Pending grand jury proceedings shall transfer to the superior court for continuation under special prosecutor direction.
(h) The special prosecutor may bring charges only after a public probable cause hearing before a superior court judge, open to the public unless sealed for good cause. This requirement shall not apply to misdemeanor charges added after a felony indictment or bind-over to superior court.
(i) The special prosecutor shall prosecute charges in the appropriate district or superior court and may appear before the supreme judicial court on appeals. At the conclusion of the applicable case, the special prosecutor shall file a public report with the attorney general and governor, including findings, outcomes, and recommendations for systemic reforms, which shall be published online.
Section 28B. (a)The special investigative unit shall maintain operational independence and shall not share non-public information with the recused district attorney's office or involved law enforcement during the applicable case. At the conclusion of the appointment, the unit shall return all records to the office of the attorney general for archival under public records law and shall disband unless reappointed for another applicable case.
(b) No member of the special investigative unit shall provide services in an applicable case if such a member of the special investigative unit has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(c) Members of the special investigative unit shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28C. (a) No victim/witness advocate shall provide services in an applicable case if the advocate has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(b) Victim/witness advocates shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28D. (a) Sections 28 to 28G, inclusive, shall apply to any applicable case where a recusal or court order has been issued after the effective date, including ongoing cases post-indictment or post-arrest.
(b) Upon applicability, all records, evidence, and proceedings shall transfer to the special prosecutor within 30 days, subject to a superior court order extending for good cause related to case volume, with notice to victims as required under chapter 258B. Failure to transfer shall constitute contempt.
(c) The superior court may stay proceedings for not more than 45 days upon motion by any party or sua sponte to prevent prejudice, with opportunity for victim input under chapter 258B, and with tolling of speedy trial rights under section 72 of chapter 276.
(d) Upon assumption of the case, the special prosecutor may review prior actions and move to vacate orders or dismiss charges tainted by the conflict, including pre-transfer actions, upon a showing of prejudice by a preponderance of the evidence; provided, however, that post-indictment dismissals shall not bar refiling absent double jeopardy.
(e) The special prosecutor shall complete any required review and file motions under subsection (d) within 45 days of transfer.
Section 28E. (a) If the attorney general determines a conflict under section 28A(a) that would impair the attorney general's role in the preliminary investigation, the attorney general shall notify the governor and file a motion for recusal with the supreme judicial court. The court shall assign the matter to a single justice for resolution within 30 days.
(b) Upon recusal of the attorney general, the governor shall appoint an interim special investigator, such as a special master or attorney from an unaffiliated office, to conduct the preliminary investigation.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court upon recusal.
Section 28F. (a) If the governor determines a conflict impairing the governor's appointment role, the governor shall self-recuse and notify the attorney general, who shall file a motion with the supreme judicial court only if not previously recused under section 28E. The court shall assign to a single justice for resolution within 30 days, who may appoint a special master to conduct any necessary review.
(b) Upon recusal of the governor, and following any attorney general recusal under section 28E, the supreme judicial court shall assume the appointment role or recommend a special master to itself.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court.
(d) Resolutions under sections 28E and 28F shall be final, subject to expedited review only on direct appeal to the full supreme judicial court within 14 days for abuse of discretion, defined as arbitrary or capricious action unsupported by substantial evidence. No further recusal motions shall be permitted absent an extraordinary petition to the full supreme judicial court within 30 days based on newly discovered material facts.
Section 28G. By December 31 of each year, the attorney general shall submit to the general court an aggregate report on all applicable cases under this chapter, including appointment statistics, outcomes, and recommendations for legislative adjustments, redacted as necessary to comply with chapter 66.
SECTION 2. This act shall take effect on [X].
SECTION 3. If any of the sections or subsections of this act shall be deemed unconstitutional, the remaining sections and subsections shall remain in full force and effect.
![GrantSmithEllis's tweet photo. Yes indeed, Michael Morrissey does assign and control the special prosecutor on Kate Peter's felony case.
That's why I want to reform the special prosecutor statue in Massachusetts!
Everyone should be treated the same and personal connections cannot drive the justice system.
Towel's Proposed Reform Bill:
AN ACT STANDARDIZING THE APPOINTMENT OF SPECIAL PROSECUTORS IN CASES OF DISTRICT ATTORNEY CONFLICTS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 12 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after section 27 the following sections:-
Section 28. (a) As used in sections 28 to 28G, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:
"Applicable case", a criminal proceeding in which (i) the district attorney has formally recused pursuant to Massachusetts Rules of Professional Conduct Rule 1.7 or 1.11, or Rule 3.8 for prosecutorial duties, as informed by commentary under Rule 3:08, or (ii) a court has ordered appointment of a special prosecutor due to a conflict of interest.
"Conflict of interest", a circumstance in which a reasonable person would conclude that the district attorney's personal, financial, institutional, or professional interest presents a substantial risk of materially limiting the district attorney's independent professional judgment in the proceeding, including but not limited to direct relationships with parties, witnesses, victims, or law enforcement agencies involved; provided, however, that mere political affiliation shall not constitute a conflict unless it involves a material financial or personal tie.
"Special prosecutor", an attorney licensed to practice in the commonwealth, not holding any elected or appointed judicial or prosecutorial office, appointed under section 28B to investigate and prosecute an applicable case, independent of the recused district attorney's office.
"Special investigative unit", a team of no fewer than 3 and no more than 10 investigators, appointed under section 28B, consisting primarily of investigators certified by the department of criminal justice information services and sourced from the office of the attorney general or federal agencies with consent, but which may include certified independents vetted by the attorney general excluding private investigators who have worked for the recused DA in the past 5 years; provided, however, that the unit shall exclude any members from the local police department involved in the applicable case or any member of a unit of the Massachusetts state police detailed, currently or previously, to the recused district attorney's office.
"Victim/witness advocate", a designated advocate providing support services to victims or witnesses under chapter 258B, whether employed by a governmental agency or a non-profit organization.
(b) Sections 28 to 28G, inclusive, shall apply to applicable cases arising on or after the effective date of this act, and to ongoing applicable cases where a recusal or court order has been issued on or after said date; provided, however, that for recusals noticed prior to the effective date, the provisions shall apply 90 days thereafter.
Section 28A. (a) Upon receipt of notice of an applicable case from the recused district attorney, a court order, or a sworn petition from a party or witness in the proceeding that has been screened for reasonable grounds to believe a conflict exists by a superior court judge upon payment of a $50 filing fee and showing of standing, the attorney general shall conduct a preliminary investigation to assess the existence of a conflict of interest. The preliminary investigation shall be limited to review of public records, interviews with involved parties, and access to non-privileged documents; provided, however, that the attorney general shall not issue subpoenas, compel testimony, or empanel a grand jury during this phase. The preliminary investigation shall be completed within 60 days of receipt of notice, subject to a single 30-day extension for good cause shown to a superior court judge. If the attorney general determines that no conflict exists, the attorney general shall release public findings, redacted by order of a superior court judge to protect sensitive information.
(b) Upon a finding of probable conflict, the attorney general shall recommend to the governor the appointment of a special prosecutor and special investigative unit. The governor shall appoint such special prosecutor within 14 days of receipt of the recommendation, or upon court extension for good cause.
(c) The governor shall transmit to the general court, within 30 days of appointment, a proposed yearly budget for the special prosecutor and unit, not to exceed 5 per cent of the annual budget of the recused district attorney's office per applicable case, for approval by the house and senate committees on ways and means; provided, however, that the budget shall be deemed approved if not acted upon within 60 days, with interim funding from the governor's contingency appropriation under section 6 of chapter 29.
(d) Prior to appointment, the prospective special prosecutor shall file with the governor a sworn disclosure of any material relationships within the past 5 years with parties, witnesses, victims, law enforcement, or political donors, or any family members thereof, in the applicable case, including professional, financial, or direct social connections. The disclosure shall be public, subject to redaction by superior court order. Failure to disclose a material relationship shall result in immediate removal by the governor, referral to the board of bar overseers, and a civil penalty of not more than $10,000 enforceable in superior court and collected by the attorney general; provided, however, that knowing nondisclosure shall constitute a misdemeanor punishable by a fine of not more than $5,000 or imprisonment for not more than 1 year, or both. The special investigative unit shall be appointed concurrently with the special prosecutor and shall operate under the direction of the special prosecutor.
(e) The scope of the appointment, including jurisdiction and duration not exceeding 2 years, shall be approved at a public hearing before a single justice of the superior court within 30 days of appointment. The hearing shall be limited to disputes over scope and shall be open to the public unless sealed by court order for good cause. Attorneys for affected parties may appear and be heard; provided, however, that no interlocutory appeals shall lie, with finality subject to supreme judicial court superintendence.
(f) The special prosecutor and unit may request additional time or resources from the governor for good cause, subject to superior court review within 14 days.
(g) The special prosecutor shall have all powers and duties of a district attorney under chapters 12, 218, and 263, except the power to empanel a grand jury, which shall remain with the superior court. The special investigative unit shall have access to records and may conduct interviews, subject to court orders; provided, however, that the special prosecutor may issue subpoenas on behalf of the unit enforceable in superior court, subject to the standards of chapter 233, section 1. Pending grand jury proceedings shall transfer to the superior court for continuation under special prosecutor direction.
(h) The special prosecutor may bring charges only after a public probable cause hearing before a superior court judge, open to the public unless sealed for good cause. This requirement shall not apply to misdemeanor charges added after a felony indictment or bind-over to superior court.
(i) The special prosecutor shall prosecute charges in the appropriate district or superior court and may appear before the supreme judicial court on appeals. At the conclusion of the applicable case, the special prosecutor shall file a public report with the attorney general and governor, including findings, outcomes, and recommendations for systemic reforms, which shall be published online.
Section 28B. (a)The special investigative unit shall maintain operational independence and shall not share non-public information with the recused district attorney's office or involved law enforcement during the applicable case. At the conclusion of the appointment, the unit shall return all records to the office of the attorney general for archival under public records law and shall disband unless reappointed for another applicable case.
(b) No member of the special investigative unit shall provide services in an applicable case if such a member of the special investigative unit has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(c) Members of the special investigative unit shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28C. (a) No victim/witness advocate shall provide services in an applicable case if the advocate has a material affiliation within the past 5 years with the recused district attorney's office, parties, witnesses, or law enforcement involved, or any family members thereof, including prior employment or professional, financial, or direct social connections.
(b) Victim/witness advocates shall file disclosures mirroring those required of the special prosecutor under section 28A(d) with the special prosecutor prior to providing services. Violations shall result in disqualification by the special prosecutor, subject to superior court review, and referral to the office of the attorney general for enforcement.
Section 28D. (a) Sections 28 to 28G, inclusive, shall apply to any applicable case where a recusal or court order has been issued after the effective date, including ongoing cases post-indictment or post-arrest.
(b) Upon applicability, all records, evidence, and proceedings shall transfer to the special prosecutor within 30 days, subject to a superior court order extending for good cause related to case volume, with notice to victims as required under chapter 258B. Failure to transfer shall constitute contempt.
(c) The superior court may stay proceedings for not more than 45 days upon motion by any party or sua sponte to prevent prejudice, with opportunity for victim input under chapter 258B, and with tolling of speedy trial rights under section 72 of chapter 276.
(d) Upon assumption of the case, the special prosecutor may review prior actions and move to vacate orders or dismiss charges tainted by the conflict, including pre-transfer actions, upon a showing of prejudice by a preponderance of the evidence; provided, however, that post-indictment dismissals shall not bar refiling absent double jeopardy.
(e) The special prosecutor shall complete any required review and file motions under subsection (d) within 45 days of transfer.
Section 28E. (a) If the attorney general determines a conflict under section 28A(a) that would impair the attorney general's role in the preliminary investigation, the attorney general shall notify the governor and file a motion for recusal with the supreme judicial court. The court shall assign the matter to a single justice for resolution within 30 days.
(b) Upon recusal of the attorney general, the governor shall appoint an interim special investigator, such as a special master or attorney from an unaffiliated office, to conduct the preliminary investigation.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court upon recusal.
Section 28F. (a) If the governor determines a conflict impairing the governor's appointment role, the governor shall self-recuse and notify the attorney general, who shall file a motion with the supreme judicial court only if not previously recused under section 28E. The court shall assign to a single justice for resolution within 30 days, who may appoint a special master to conduct any necessary review.
(b) Upon recusal of the governor, and following any attorney general recusal under section 28E, the supreme judicial court shall assume the appointment role or recommend a special master to itself.
(c) Disclosures under section 28A(d) shall be filed with the supreme judicial court.
(d) Resolutions under sections 28E and 28F shall be final, subject to expedited review only on direct appeal to the full supreme judicial court within 14 days for abuse of discretion, defined as arbitrary or capricious action unsupported by substantial evidence. No further recusal motions shall be permitted absent an extraordinary petition to the full supreme judicial court within 30 days based on newly discovered material facts.
Section 28G. By December 31 of each year, the attorney general shall submit to the general court an aggregate report on all applicable cases under this chapter, including appointment statistics, outcomes, and recommendations for legislative adjustments, redacted as necessary to comply with chapter 66.
SECTION 2. This act shall take effect on [X].
SECTION 3. If any of the sections or subsections of this act shall be deemed unconstitutional, the remaining sections and subsections shall remain in full force and effect.](https://pbs.twimg.com/media/G6dWw3DXEAAf78f.jpg)
@JusticeServedTV Just watched it. Great interview. Are we not all Towels?!
@FoxNews She should resign, courage and selflessness are essential qualities in a satisfactory Supreme Court Justice.
@deaflibertarian And people pay for this?
@reblavoie @melandrebecca @melrevision His questions are for show. Obviously he is smart enough to do that. Dirty and smart often go hand in hand, unfortunately.
Requiring an ID and proof of citizenship to vote is common sense.
Itโs time to pass the SAVE America Act. RT if you agree.
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