386 Mass. 587 | Mass. | 1982
We are asked to determine the meaning of the words “normal appellate review” in cases involving
Patricia A. Curtin was issued a traffic citation for failing to stop at a stop sign, in violation of G. L. c. 89, § 9. Mark A. Batchelor was issued a traffic citation for speeding, in violation of G. L. c. 90, § 17. Both defendants appeared before a clerk-magistrate of a District Court pursuant to Administrative Regulation 4-78 of the District Court Department of the Trial Court (AR 4-78).
We turn to G. L. c. 90, § 20F, to ascertain its meaning. The statute, in certain aspects, lacks precision and verbal consistency. The ambiguity concerning the type of hearing contemplated by G. L. c. 90, § 20F, may be “explained as the type of ‘gap’ we have previously found to be virtually inevitable in any piece of legislation as complex as the court reorganization plan.” Commonwealth v. Germano, 379 Mass. 268, 273 (1979). See Mailhot v. Travelers Ins. Co., 375 Mass. 342, 345 (1978). “As practice develops, and the difficulties are revealed, the courts [must] . . . interweave the statute with decisions answering the difficulties and composing, as far as feasible and reasonable, an harmonious structure faithful to the basic designs and purposes of the Legislature.” Id. See Massachusetts Comm’n Against Discrimination v. Liberty Mut. Ins. Co., 371 Mass. 186, 190 (1976).
The express language of G. L. c. 90, § 20F, provides only two procedures by which an alleged offender may secure a noncriminal disposition of the charges against him. An alleged offender may either “appear before a magistrate of the appropriate district court and confess the offense charged ... or may mail to such magistrate . . . the maximum statutory fine provided therein.” The statute does not provide for a hearing if an offender elects a noncriminal disposition,
As we read G. L. c. 90, § 20F, after a person receives a traffic citation,
The Commonwealth suggests that “normal appellate review” as contemplated by G. L. c. 90, § 20F, and AR 4-78, is in the nature of certiorari in the Superior Court or in the Supreme Judicial Court, solely to correct errors of law. See G. L. c. 249, § 4. However, “[i]n an action in the nature of certiorari . . . [the court] will correct only ‘substantial errors of law apparent on the record adversely affecting material rights.’ ” Commissioner of Revenue v. Lawrence, 379 Mass. 205, 208 (1979), quoting Commissioners of Civil Serv. v. Municipal Court of the City of Boston, 369 Mass. 84, 90 (1975). Since the only contested issues in most traffic cases are issues of fact, the appellate remedies suggested by the Commonwealth would be illusory. We will not attribute to the Legislature an intent to give citizens a meaningless appeal.
Unless the alleged offender elects a noncriminal disposition, traffic violations follow the procedure for misdemeanors generally. The words of the statute do not support a conclusion that the Legislature intended to make radical changes in traffic violation cases. The statute indicates that the major change which the Legislature set out to achieve was the availability of a noncriminal disposition for minor infractions. That result is clearly stated. The statute does
The cases are remanded for proceedings in the Hingham District Court.
So ordered.
General Laws c. 90, § 20F, sixth par., provides: “Either party may appeal the finding and disposition of the magistrate to a justice of the court in which the case was heard, who shall then hear the case de novo. The decisions of the judge shall then be final, subject to normal appellate review.”
AR 4-78 (effective January 1, 1979), provides for hearings on minor motor vehicle violations (other than parking violations), where the maximum penalty does not exceed one hundred dollars for the first offense, and does not provide for a penalty of imprisonment. According to AR 4-78, the hearings are civil and are first heard by a clerk-magistrate of a District Court. The alleged violator is entitled to be represented by counsel. Hearings must take place in a courtroom, if possible. Formal rules of evidence do not apply. The Commonwealth may prevail by a preponderance of the credible evidence presented.
After hearing, the clerk-magistrate enters a finding of “responsible” or “not responsible” for the offense charged. Either party may appeal to a judge of a District Court. Further appeal is “as provided by law.” AR 4-78 is not clear as to where the appeal is to be docketed. See G. L. c. 231, § 108 (Appellate Division); G. L. c. 211A, § 10 (Appeals Court).
Neither defendant has been, or is currently, represented by counsel.
General Laws c. 221, § 62C, inserted by St. 1978, c. 478, § 250, sets forth the powers and duties of magistrates. That section only authorizes magistrates to “receive citations and hear complaints pursuant to section twenty F of chapter ninety.”
In Commonwealth v. Marder, 346 Mass. 408 (1963), we concluded that this procedure, as applied to parking violations, does not unconstitutionally deter one charged with a parking violation from asserting his right to a judicial determination of his guilt.
General Laws c. 90, § 20F, requires the police to issue “forthwith” a citation for traffic violations.
Since we conclude that the defendants have a right to a de novo evidentiary hearing before a second judge and to a trial de novo in the jury of six session, we believe that the judge who hears the appeal from a clerk-magistrate’s determination as to whether process should issue has discretion to decide that issue on the record of the proceedings before the clerk-magistrate.
The Commonwealth also suggests that another choice would be to have the Appellate Division review questions of law. G. L. c. 231, § 108. See Dist. Mun. Cts. R. Civ. P. 64 (1975). The Commonwealth concedes that all appellate remedies are limited to questions of law.
The Commonwealth also recognizes that for the most part, in the trial of traffic violations, only issues of fact are involved. For example, Patricia A. Curtin argues that she properly stopped at the stop sign. Mark A. Batchelor argues that he was not exceeding the posted speed limit. Both of these arguments involve issues of fact, not law. Such factual disputes usually are resolved by the trier of fact and not by appellate review.