Justice Behind Closed Doors in Massachusetts

Massachusetts is the only state in the nation that exempts all three branches of state government; legislature, governor’s office, and judiciary from its public records law. That became an issue in 2023 when anonymous letters began to be received by defense attorneys whose clients had been convicted in criminal cases heard in the Bristol County Courthouse in New Bedford, Massachusetts. The letters alleged that Karlyn Butler, a Bristol County prosecutor, had engaged in a romantic relationship with then-judge Douglas Darnbrough in whose courtroom she often tried cases. The letters also allege that the two colluded regarding how cases would play out before they were tried.

Butler and Darnbrough are estimated to have worked on as many as 3,700 cases together. The allegations, if true, would have necessitated vacating the guilty verdicts or retrying the cases. With no applicable public records law, the public has no way of knowing what the texts Darnbrough wrote to Butler said. Douglas Darnbrough resigned as a judge shortly after the anonymous letters began to arrive, giving health issues as the reason. Karlyn Butler is still employed as a prosecutor in Bristol county in southeastern Massachusetts. Darnbrough and Butler have both denied the allegations. These allegations could not have come at a worse time for state officials. The Massachusetts criminal justice system has been awash in scandal in recent years.

More than 40,000 drug convictions have had to be dismissed due to misconduct by two chemists, Annie Dookhan and Sonja Farak, who worked at state crime laboratories. In 2025 Massachusetts State Police Trooper Michael Proctor was fired from his job and banned from working as a police officer anywhere in Massachusetts due to his behavior while serving as lead investigator in the Karen Read case. Attorney James P. McKenna filed a lawsuit on behalf of two of his clients, Gerson Pascual-Santana and Jonathan Rascao, who were each sentenced to prison terms by then-judge Darnbrough after trials prosecuted by Butler. The Massachusetts Supreme Judicial Court assigned one of its justices, Serge Georges, Jr., to investigate the allegations of an improper relationship. In May 2025 Justice Georges appointed Ernest Sarason, Jr., a retired Massachusetts Municipal Court judge, to be a Special Master with the power to issue subpoenas and hear testimony from witnesses under oath. All of the sworn testimony heard by the Special Master took place behind closed doors over the past year. After Sarason’s investigation was completed and his report submitted, Justice Georges convened a status hearing on May 9, 2026 which was open to the public; releasing the Special Master’s report to the public the same day.

In his report, Special Master Sarason found no evidence of an inappropriate relationship between Butler and Darnbrough. At the hearing, Justice Georges stated that he wanted the public to have confidence in the integrity of the investigation. But since the hearings presided over by the Special Master were cloaked in secrecy it is difficult for the public to know whether they constituted a thorough investigation, a whitewash, or something in-between.

Source: Justice Behind Closed Doors in Massachusetts | The American Spectator | USA News and Politics

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Justice Behind Closed Doors in Massachusetts

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