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The procedure we create here to the refund of fines and costs in specific cases is practicable in ordinary periods, but we acknowledge that it might quickly demonstrate impracticable if a sizeable proportion of your defendants whose convictions are actually invalidated thanks to Dookhan and Farak's misconduct were to seek the refunds They may be due. If which were to occur, the level of time and effort demanded from judges, clerks, probation officers, prosecutors, and defense counsel to adjudicate Each and every specific defendant's entitlement into a refund, and the amount of this kind of refund, would pose so significant a collective burden that it could threaten the administration of legal justice within our courts. In Bridgeman II, 476 Mass. at 300, we exercised our superintendence authority underneath G. L. c. 211, § 3, to fashion a solution with the resolution of Many drug circumstances influenced by Dookhan's misconduct via a "new protocol for circumstance-by-scenario adjudication" that occurred in 3 phases and was carried out by The one justice in the form of a declaratory judgment. In Committee for Pub. Counsel Servs. v. Lawyer Gen., 480 Mass. at 705, 735, we fashioned a more world-wide solution beneath our superintendence authority to take care of A huge number of drug scenarios afflicted by Farak's misconduct and by the subsequent prosecutorial misconduct of two Lawyers within the Office environment of your Attorney Basic: we vacated the drug convictions in the so-termed Farak defendants and dismissed the drug fees in opposition to them with prejudice. We now have offered very careful thing to consider to whether we have to workout our superintendence authority to craft A further world-wide remedy addressing the many A large number of "Nelson" refund motions Which may be introduced through the so-referred to as Dookhan and Farak defendants.
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