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District attorneys association warns new SJC discovery rule is straining prosecutors and could drive departures
Summary
District attorneys told the Joint Committee on Ways and Means that the Supreme Judicial Court’s new Rule 14 — requiring production of discovery by the first pretrial conference — has sharply increased workloads, raised ethical risks for overburdened prosecutors, and prompted requests for higher starting salaries and more administrative help.
The Massachusetts District Attorneys Association told the Joint Committee on Ways and Means that the state Supreme Judicial Court’s new Rule 14 — which requires production of most discovery by the first pretrial conference — has created operational strain across prosecutors’ offices.
Why it matters: DAs said the new timeline forces junior prosecutors to compile police body‑camera footage, reports and other materials within days, increasing overtime and producing ethical and staffing risks. Several county DAs recommended immediate budget and staffing relief to avoid loss of experienced prosecutors and impacts on public safety.
What DAs said: District Attorney Jennifer Early (testifying for the association) said prosecutors were “working till 7, 8PM, 9PM at night, and on the weekends to try and get this discovery done,” and added: “As a group, we’re working together” to respond but that offices need resources for clerical, paralegal and administrative help. The association cited New York’s experience after similar rules went into effect, where some DA offices reported significant resignations and higher case dismissals, particularly in domestic‑violence matters.
Compensation and staffing requests: At the hearing, DAs asked the legislature to raise starting compensation to help recruitment and retention. The association urged increases to create competitive offers as follows: assistant district attorneys to a $80,000 starting salary, victim‑witness advocates to $65,000, and court administrators to $55,000. The association also requested funding for an improved records system (replacing an older system called Damien) and recommended relief from mandated chargebacks on certain IT infrastructure that currently reduce local office budgets.
Preserving prosecutions while meeting discovery obligations: Prosecutors and chiefs said courts and law enforcement are adapting but warned that “crusher paperwork” and the possibility of sanctions for late compliance — including rare but consequential sanctions such as dismissal or professional discipline — create morale and case‑management problems. The association and several county DAs urged the committee to consider targeted staffing and technology investments so offices can meet Rule 14 requirements without losing experienced prosecutors.
Sources: Testimony by representatives of the Massachusetts District Attorneys Association and the county district attorneys who spoke in Clinton.
