Victory Distributors, Inc. v. Ayer Division of the District Court Department

755 N.E.2d 273, 435 Mass. 136, 2001 Mass. LEXIS 492
CourtMassachusetts Supreme Judicial Court
DecidedSeptember 19, 2001
StatusPublished
Cited by31 cases

This text of 755 N.E.2d 273 (Victory Distributors, Inc. v. Ayer Division of the District Court Department) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Victory Distributors, Inc. v. Ayer Division of the District Court Department, 755 N.E.2d 273, 435 Mass. 136, 2001 Mass. LEXIS 492 (Mass. 2001).

Opinion

Cowin, J.

Victory Distributors, Inc. (Victory), appeals from the decisions of a single justice of this court denying its two petitions under G. L. c. 211, § 3. Victory sought orders from the single justice compelling the Ayer Division of the District Court Department (Ayer court) and the Marlborough Division of the District Court Department (Marlborough court) to “[a]c-cept, process, hold show cause hearings and decide on the [137]*137merits” its applications for criminal complaints.1 Although Victory alleges that the Ayer court and the Marlborough court refused to accept its applications, a clerk-magistrate in each court received the applications for filing purposes and thus “accepted” them. See discussion, infra. Essentially, then, Victory sought orders compelling the Ayer court and the Marlborough court to hold show cause hearings and issue criminal complaints, should probable cause support such complaints. The single justice denied Victory’s requests, concluding that Victory was not entitled to relief as the actions of the Ayer court and the Marlborough court did not violate a substantive right.

Relief under G. L. c. 211, § 3, is available only in extraordinary circumstances. See Montanino v. Boston, 425 Mass. 1025, 1026 (1997). A party seeking review under G. L. c. 211, § 3, must demonstrate that his or her substantive rights have been violated and that there is no other adequate or effective avenue of relief. See Bradford v. Knights, 427 Mass. 748, 749 (1998), quoting McGuinness v. Commonwealth, 420 Mass. 495, 497 (1995). We will not disturb an order of a single justice denying relief under G. L. c. 211, § 3, unless there is an abuse of discretion or other error of law. See Adoption of Iris, All Mass. 582, 586 (1998), citing Department of Mental Retardation v. Kendrew, 418 Mass. 50, 53 (1994).

Victory was entitled to file applications for the issuance of criminal complaints, which it did, and to have the divisions of the District Court act on those applications, which they did. Victory was not entitled to show cause hearings or to favorable court action on such applications. Accordingly, we affirm the decisions of the single justice.

I

We summarize the facts from the undisputed documentary materials contained in the record. Victory, which owns and operates a chain of grocery stores, filed applications with the Ayer court and the Marlborough court at various times for criminal complaints against customers who had paid for their [138]*138groceries with “bad” checks. It alleged that these customers had committed larceny by check under G. L. c. 266, § 37.

A

The Ayer court. Between April and August, 1999, Victory filed fifty applications for criminal complaints in the Ayer court. An assistant clerk-magistrate received the applications, and a hearing, on each application was scheduled for September 23, 1999. On that date, a Victory representative appeared before a District Court judge in the Ayer court.2 The judge said that he would not issue complaints on Victory’s applications because the police, the district attorney’s office, and the court lacked the resources necessary to pursue these matters. He stated that Victory was using the criminal justice system as a collection agency and that its recourse was the small claims session. On that same date, the assistant clerk-magistrate, authorized by the judge, noted on each of the fifty applications that no complaints would issue for the reasons given by the judge, and he referred Victory to the small claims department.3

B

The Marlborough court. On September 10, 1999, Victory filed two applications for criminal complaints in the Marlborough court. A clerk-magistrate notified Victory in writing that she could not “accept” these two applications because the banks on which the checks were drawn were located outside the court’s district.4 The clerk-magistrate indicated that venue was [139]*139proper only in the district in which the drawee bank is located. This interpretation was wrong as a matter of law. See infra. Although the clerk-magistrate termed her action a refusal to “accept” Victory’s applications, she did receive, and thus “accept,” them for filing purposes. Her action effectively was a decision to deny the issuance of a complaint.

On September 22, 1999, Victory wrote a letter to a District Court judge in the Marlborough court informing the judge of the basis on which the clerk-magistrate had disposed of its applications and requesting that the judge “review” the applications. Victory did not request a hearing, and none was held. Cf. District Court Standards of Judicial Practice: The Complaint Procedures standard 3:21 (1975) (“If the clerk denies-an application and if the complainant manifests serious dissatisfaction, he should be told that he may request a new hearing before a judge of the court”). But see commentary to standard 3:21 (“A new hearing need not follow every denial of an Application. Indeed, the law does not specifically provide for a rehearing at all . . .”). According to Victory, the District Court judge did not respond to its letter. We consider the judge’s silence as a denial of Victory’s request for review and an implicit affirmation of the clerk-magistrate’s decision denying Victory’s applications.

One month later, Victory sent a letter to the Chief Justice for Administration and Management complaining about the applications it had filed in both the Ayer and Marlborough courts. An administrative attorney in that office responded that Victory was not a private person under Mass. R. Grim. P. 4 (b), 378 Mass. 849 (1979), and therefore was not authorized to file applications for the issuance of criminal complaints. See, in this regard, note 6, infra.

Victory then filed its petitions under G. L. c. 211, § 3, requesting the single justice to order the Ayer court and the Marlborough court to “[ajccept, process, hold show cause hearings and decide on the merits” its applications for criminal complaints. The single justice denied the petitions. He held in each case that Victory was not entitled to relief “because it is ‘a private citizen ha[ving] no judicially cognizable interest in the prosecution of another.’ Taylor v. Newton Div. of the Dist. Court Dep’t, 416 Mass. 1006 (1993).” The single justice also stated [140]*140that the Marlborough court clerk-magistrate’s interpretation of the proper venue for the applications was “unduly restrictive” and that a “complaint under G. L. c. 266, § 37, may be brought in the judicial district where the goods were received in exchange for the bad check.”5

n

Victory first contends that a private citizen6 has a substantive right to file an application for a criminal complaint and that the Ayer and Marlborough courts violated this right by refusing to accept its applications. A private citizen does have a right to file an application for a criminal complaint with respect to misdemeanors, but neither the Ayer court nor the Marlborough court violated this right.

By enacting G. L. c. 218, § 35A, the Legislature acknowledged that a private citizen can file an application for the issuance of a criminal complaint for a misdemeanor.7 See, e.g., Bradford v. Knights, 427 Mass.

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Bluebook (online)
755 N.E.2d 273, 435 Mass. 136, 2001 Mass. LEXIS 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victory-distributors-inc-v-ayer-division-of-the-district-court-mass-2001.