In Massachusetts, you don’t need to be a police officer to initiate a criminal case. Under G.L. c. 218, § 35A, any private citizen can walk into a district court and file an application for a criminal complaint. These cases frequently arise out of neighbor disputes, family conflicts, and business disagreements — and they play out at what’s known as a clerk magistrate hearing, or “show cause” hearing.
Whether you are the person filing the complaint or the person accused, understanding how this process works is critical.
How the Process Begins
A private citizen files an application for a criminal complaint at the local district court. The clerk magistrate then decides whether to schedule a show cause hearing. For misdemeanor allegations, the accused must be given notice and an opportunity to be heard before a complaint can issue. For felony allegations brought by a private citizen, the clerk magistrate has discretion to schedule a hearing but is not required to do so.
It is worth noting that some courts may ask the applicant to first present the facts to the local police department, which then decides whether to proceed.
What Happens at the Hearing
The show cause hearing is not a trial. The rules of evidence do not strictly apply, and hearsay may be considered. Both parties may bring an attorney and present evidence and witnesses, but cross-examination is within the clerk magistrate’s discretion. There is no right to appointed counsel at this stage — if the accused wants a lawyer, they must hire one privately.
The clerk magistrate’s task is to determine whether probable cause exists to believe a crime was committed and the accused committed it.
The Clerk Magistrate's Broad Discretion
Here is where private-citizen complaints differ most from police-initiated cases. Even if the clerk magistrate finds probable cause, the magistrate may still decline to issue a criminal complaint when the complainant is a private citizen and no prosecutor’s office has communicated an intent to prosecute. The clerk magistrate can instead explore ways to resolve the dispute outside the criminal justice system — through counseling, discussion, or mediation-style intervention.
This discretion reflects the implicit purpose of § 35A hearings: screening minor criminal matters out of the court system, particularly disputes arising from the everyday frictions of daily life.
For the Complainant
Filing a private criminal complaint can be a powerful tool, but its limits are real. A private citizen has no right to have a complaint issue, and no right to appeal a denial. If the complaint is denied, the complainant may request a “redetermination” by a judge, but even that is discretionary and provides no guarantee of a different outcome.
For the Accused
If you receive notice of a clerk magistrate hearing based on a private citizen’s complaint, take it seriously. Although the hearing is not a trial, a criminal complaint issuing from it means you will be arraigned and face a criminal case. An attorney can help you present your side of events, highlight the civil nature of the underlying dispute, and argue that the matter should be resolved outside the criminal justice system.
The Law Office of Matthew W. Peterson has represented many clients in clerk magistrate hearings in Massachusetts, fighting to protect their rights. If you’re looking for a Boston Clerk Magistrate Hearings attorney, call 617-391-0060 to schedule a strategy session.
Footnotes
[1] G.L. c. 218, § 35A; Boston Globe Media Partners, LLC v. Chief Justice of Trial Court, 483 Mass. 80, 84 (2019).
[2] G.L. c. 218, § 35A; District Court Standards of Judicial Practice, Complaint Procedure, Standard 3:09.
[3] 48 Mass. Prac., Collection Law § 3:29.
[4] Eagle-Tribune Publishing Co. v. Clerk-Magistrate of Lawrence Division of District Court, 448 Mass. 647, 653 (2007).
[5] District Court Standards of Judicial Practice, Complaint Procedure; G.L. c. 218, § 35A.
[6] Boston Globe Media Partners, 483 Mass. at 85; Mass. R. Crim. P. 8.
[7] G.L. c. 218, § 35A.
[8] Victory Distribs., Inc. v. Ayer Div. of the Dist. Court Dep’t, 435 Mass. 136, 142 (2001).
[9] Boston Globe Media Partners, 483 Mass. at 87–88.
[10] Com. v. Cote, 15 Mass. App. Ct. 229, 235–236 (1983); Bradford v. Knights, 427 Mass. 748, 751 (1998).
[11] Victory Distribs., 435 Mass. at 141; Bradford, 427 Mass. at 751.
[12] District Court Standards of Judicial Practice, Complaint Procedure, Standard 3:22; Boston Globe Media Partners, 483 Mass. at 88–89.
