Middlesex Superior Court

This is a state performance audit of the Middlesex Division of the Superior Court Department for July 1, 2011 through June 30, 2013.

“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, July 1, 2011 through June 30, 2013.”

Auditors checked whether the court’s money records, property controls, evidence tracking, bail and escrow handling, and overall safeguards were working properly.

“This audit was undertaken to determine whether MSC’s (1) financial records were accurate, up to date, and maintained in accordance with established criteria; (2) inventory systems were adequate to safeguard furniture and equipment; (3) evidence exhibits were appropriately tracked and secured by the Clerk of Courts’ Office (the Clerk’s Office); (4) internal controls over civil escrow fund and bail fund management were adequate; and (5) overall internal control structure was suitably designed and implemented to safeguard Commonwealth assets in compliance with Chapter 647 of the Acts of 1989, An Act Relative to Improving the Internal Controls within State Agencies.”

If court evidence is not logged well, important items may be hard to find, especially if a criminal case is appealed.

“The lack of a properly maintained log creates a risk that the Clerk’s Office will not be able to locate such evidence when required to produce it for official purposes (e.g., when a criminal-case decision is appealed and the evidence is needed during the appellate stage of the case).”

This matters to residents because missing fees can mean the state does not receive money it is legally owed.

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

The court fixed several earlier problems, but still needed to improve evidence tracking, legal counsel fee collection, and copy-machine contracting.

“Additionally, MSC has corrected deficiencies cited in our prior audit report (No. 2010-1110-3O).”

After the audit, the court hired someone to consolidate evidence records and changed procedures before releasing bail.

“After we finished our audit, MSC hired an evidence officer, who is consolidating all prior evidence lists into an Excel spreadsheet with all the required information.”

The most serious risk was that high-risk evidence such as drugs, money, or weapons could be lost or stolen without the court noticing.

“In addition, high-risk evidence could be misplaced or misappropriated, and such losses may not be detected because the evidence’s location is not documented.”

A legal counsel fee is usually a $150 charge for an indigent defendant who receives a court-appointed lawyer.

“The legal counsel fee is an amount, usually $150, that an indigent defendant who is provided with a court-appointed lawyer is responsible for paying.”