What is the difference between Superior and District Court in Massachusetts?

Superior Courts and District Courts are both trial courts, but, in general, the Superior Court handles more “serious” criminal cases. To bring a case in Superior Court, the State must seek an indictment through a grand jury proceeding. There are fewer Superior Courts around the State. For example, Hampden County presently has one Superior Court (in Springfield) but five District Courts (Chicopee, Palmer, Springfield, Holyoke, and Westfield).

Not all “serious” cases, however, are brought up to Superior Court. Superior Court and District Court have “concurrent jurisdiction” over misdemeanors and certain felonies (as outlined in MGL ch. 218 sec. 26). This means that those cases can be heard in either District Court or Superior Court. It is up to the prosecutor to decide whether a case with “concurrent jurisdiction” will be brought to Superior Court, through an indictment, or will remain in District Court. The prosecutor may make a different decision for the same exact charge, depending on the defendant’s criminal history, the circumstances around the charge, or a number of other factors.

For some felonies (those not enumerated in the statute), the Superior Court has “exclusive original jurisdiction.” These cases may only be tried in Superior Court. The District Court may hold an arraignment and set bail, but all other proceedings must be heard in Superior Court.

Finally, the Superior Court has “appellate jurisdiction” over certain proceedings in District Court. In the criminal law context, this mostly aptly applies to bail hearings. After a bail hearing in District Court, the defendant may appeal the judge’s ruling to Superior Court for a de novo bail review hearing.

Whether you received notice to appear in District Court or Superior Court, you should consult a criminal defense attorney to evaluate your case and guide you through the process. You can call Mone Law at (413) 217-4075 to set up a free phone consultation today.