On consideration of the defendant’s motion pursuant to Rule 17(a)(2) of the Massachusetts Rules
of Criminal Procedure, 378 Mass. 885 (1979), it is hereby ORDERED that defense counsel
(“counsel”) who has signed this protective order and filed it with the Clerk of Court in the above-
captioned case be provided access to presumptively privileged records subject to the following terms
and conditions:
1. Counsel shall have access to presumptively privileged records solely in his or her capacity as an
officer of the Court. Counsel shall review any presumptively privileged records in the Clerk’s office, or
a space within the courthouse designated by the Clerk, during regular business hours under
arrangements to be made with the Clerk.
2. Counsel shall not copy, and shall not directly or indirectly disclose, disseminate, or otherwise make
available to any person, including the defendant, any of the presumptively privileged records, any
portion thereof, or any of their contents without prior application to and an order of the Court.
3. Counsel may read and make notes concerning the presumptively privileged records. Any such
notes shall be governed by this Protective Order.
4. Presumptively privileged records reviewed pursuant to this Protective Order shall not be used for
any purpose other than the defense of the above-captioned case.
5. If counsel believes that copying or disclosure of any presumptively privileged records, or portions
thereof, is necessary to prepare this case for trial, he or she may file a motion to modify this
Protective Order to permit copying of records or disclosure to specifically identified individuals. The
motion shall be accompanied by an affidavit, and notice shall be provided to all parties. If the Court
enters an order vacating or modifying any term of this Protective Order, counsel shall then be bound
by the terms of that Court order.
6. At the conclusion of the trial, direct appeal, or other disposition of the above-captioned case, the
signatory shall deliver to the Clerk of Court, under seal, any and all copies of any records produced
pursuant to any modified protective order or any other order of the Court. Notwithstanding the entry
of any order terminating the case, this Protective Order shall remain in effect unless terminated by
entry of a Court order.
7. The prohibitions against disclosure shall not apply to communications made under the following
circumstances:
(a) where counsel is engaged in the private practice of law, communications with other
attorneys in counsel’s law firm, provided that such communications are for the purpose of
consultation in this matter;
(b) where counsel is a staff attorney employed by the Committee for Public Counsel Services
(“CPCS”), communications with other staff attorneys employed by CPCS, provided that such
communications are for the purpose of consultation in this matter;
PROTECTIVE ORDER FOR DEFENSE
COUNSEL
Trial Court of Massachusetts
