Legal Question in Criminal Law in Massachusetts

Whether defendant can meet with lawyers in judge's chamber

It is only within the last few years that a defendant can be present while judge is interviewing potential jurors during jury selection. Usually judges interview the individual venire members at the bench. Recently, however, potential jurors in a case I'm familiar with were interviewed two days in the judge's chamber and the defendant was allowed to participate fully in the process over a period of two days.The case that brought this about addressed defendant's "attendance" during voir dire (the questioning)of the potentional jurors. The case did not address the defendant's right to be in judge's chamber or lobby, say, for a pretrial conference.

In practice, I have never seen a defendant who was represented by counsel in a criminal case be present at a pretrial lobby conference. I am aware, however, of a"(in)famous" defendant who in federal court purposely did not retain counsel so that he himself could attend the lobby conferences andhear what all the other counsel for the many co-defendants were saying to the judge and vice versa.The same might pertain in the state court if the defendant went forward pro se (went forward without counsel).

Defendant has right to be present?

In a criminal case, a Defendant has the right to be present at all critical stages. While I am unaware of cases that decide if a lobby conference is a critical stage, it is likely that the judge will refuse to hold the conference if the Defendant who is represented by counsel insists on being present. You should discuss this matter with your attorney. If you want to be present, your attorney should inform the court.

Defendant's right to be present

There is an unasked question here, and that is "Should the defendant demand to attend meetings at which he is not welcome?"

The answer, I submit, is "NO". Here are some reasons why. The meetings may not take place, if the defendant demands being present. Some of the meetings are for the convenience of the defendant's counsel. they may be for the purposes of negotiating a plea. The defendant's presence is not helpful, and in fact may make the meeting unproductive. There is some information which can be given to defendant's attorney, but not to the defendant himself. For example, the court will release the address of witnesses to defendant's attorney on the condition that those addresses not be given to the defendant. The attorney may be able to hire a private investigator to develop evidence for the defendant's good. That won't happen if the defendant is present.

If you hire a defense attorney, and put your trust in that individual, he/she will represent you in those meetings much better than you will. You must be honest with your attorney, so that he is never surprized by anything that the prosecutor may bring up. A defense attorney will defend you whether you are guilty or not (at least I will, and most defense attorneys I know feel the same way). Don't hold back information from your attorney, the only person that will get hurt is you.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.