Commonwealth v. Donovan, 497 Mass. 355 (Mass. 2026)

The Supreme Court of Massachusetts held that a transfer hearing is a “critical stage of the criminal process” that requires effective assistance of counsel under the 6th Amendment of the U.S. Constitution. The Court held that defense counsel’s failure to present evidence on youthfulness, developmental maturity, and rehabilitation prevented the judge from considering factors critical to the transfer decision. The Court emphasized, “A transfer hearing in many cases is ‘the whole ball game.’ A ‘thoughtful presentation by defense counsel directed at both [probable cause and whether, in view of the defendant’s maturity and rehabilitation, transfer is apt] is thus critical.’ Because a § 72A transfer hearing presents such consequential stakes, a defendant is entitled to the effective assistance of counsel.” (citations omitted). This decision strengthens young people’s constitutional right to counsel at transfer hearings and emphasizes the critical importance of effective youth defense counsel to raise arguments around developmental maturity to prevent against unnecessary transfer of youth to adult court.