Berkshire Division of the Superior Court Department

This is a state performance audit of the Berkshire Superior Court covering selected operations from July 1, 2012 through March 31, 2014.

“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, July 1, 2012 through March 31, 2014.”

Auditors checked whether the court had proper controls and followed the rules in the areas they reviewed.

“This audit was undertaken to review certain aspects of BSC’s operations and determine whether BSC had established adequate internal controls and was complying with applicable laws, regulations, policies, procedures, and other guidance in the areas reviewed.”

If bail is returned too soon, the state may miss money it is legally owed.

“As a result, the Commonwealth may not be receiving all the money to which it is entitled.”

For residents, this matters because public money and public property should be tracked and protected, and court rules should be followed consistently.

“As a result, Commonwealth assets whose historical cost we estimate at $180,382 may be at risk of loss, misuse, or misappropriation, and inventory may not be properly reported.”

The court passed some parts of the audit, but failed on bail disbursement and inventory controls.

“Did BSC properly disburse bail funds?”

The audit recommends that the Clerk’s Office check case and accounting records before returning bail, and that the court improve inventory tracking and training.

“Upon a surety’s request for the return of bail, the Clerk’s Office should review the case file and its accounting records to ensure that the defendant has paid the legal counsel fee before releasing the outstanding bail to the surety.”

The problems were specific but important: three tested bail cases broke the fee rule, and more than half of listed inventory items had no cost recorded.

“For 3 (38%) of the 8 cases for which bail was posted and a legal fee assessed, the Clerk’s Office returned bail to the surety before the legal counsel fee was paid, contrary to statutory requirements.”

A surety is the person who posted bail for a defendant; before that bail is returned, the court must make sure the required legal counsel fee has been paid.

“Bail is the security given to the court by defendants or their sureties to obtain release to ensure appearance in court, at a future date, on criminal matters.”