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Massachusetts Supreme Judicial Court

Coordinates:42°21′33″N71°03′39″W / 42.359297°N 71.060954°W /42.359297; -71.060954
From Wikipedia, the free encyclopedia
Highest court in the U.S. state of Massachusetts

42°21′33″N71°03′39″W / 42.359297°N 71.060954°W /42.359297; -71.060954

Supreme Judicial Court
of Massachusetts
Seal with motto "Nulli vendemus, nulli negabimus aut differemus, rectum aut justitiam" (To no one will we sell, to no one deny or delay right or justice)
Map
Interactive map of Supreme Judicial Court
of Massachusetts
42°21′32.75″N71°3′40.5″W / 42.3590972°N 71.061250°W /42.3590972; -71.061250
Established1692; 333 years ago (1692)
LocationBoston,Massachusetts, U.S.
Coordinates42°21′32.75″N71°3′40.5″W / 42.3590972°N 71.061250°W /42.3590972; -71.061250
Composition methodExecutive appointments withquasi-legislative consent
Authorised byMassachusetts Constitution
Appeals toSupreme Court of the United States
Judge term lengthMandatory retirement at 70 years of age
Number of positions7
WebsiteOfficial website
Chief Justice
CurrentlyKimberly S. Budd
SinceDecember 1, 2020
Lead position endsOctober 23, 2036
John Adams Courthouse, home to the SJC

TheMassachusetts Supreme Judicial Court (SJC) is thehighest court in theCommonwealth ofMassachusetts. Although the claim is disputed by theSupreme Court of Pennsylvania,[1][2] the SJC claims the distinction of being the oldest continuously functioning appellate court in theAmericas,[3] with a recognized history dating to the establishment of theMassachusetts Superior Court of Judicature in 1692 under the charter of theProvince of Massachusetts Bay.[4][nb 1]

Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. Like the State ofMaine, Massachusetts prefixes the name of its highest court with 'Judicial' to avoid confusion with theMassachusetts General Court, the state's legislature.

History

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The Massachusetts Supreme Judicial Court traces its history back to the high court of the BritishProvince of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor SirWilliam Phips established the Superior Court of Judicature as the province's localcourt of last resort (some of the court's decisions could be appealed to courts in England). When theMassachusetts State Constitution was established in 1780, legislative and judicial records show that the state's high court, although renamed, was a continuation of provincial high court. During and after the period of theAmerican Revolution the court had members who were appointed by royal governors, the executive council of theMassachusetts Provincial Congress (which acted as the state's executive from 1775 to 1780), and governors elected under the state constitution.

Location and citation

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The SJC sits at theJohn Adams Courthouse, OnePemberton Square,Boston, Massachusetts 02108, which also houses theMassachusetts Appeals Court and theSocial Law Library.[6] The legal citation for the Massachusetts Supreme Judicial Court is "Mass."

Landmark cases

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  • Rex v. Preston (1770) – CaptainThomas Preston, the Officer of the Day during theBoston Massacre, was acquitted when the jury was unable to determine whether he had ordered the troops to fire. The defense counsel in the case was a young attorney namedJohn Adams, later the secondPresident of the United States.[7]
  • Rex v. Wemms, et al. (1770) – Six soldiers involved in theBoston Massacre were found not guilty, and two more – the only two proven to have fired – were found guilty of manslaughter.[8]
  • Commonwealth v. Nathaniel Jennison (1783) – The Court declaredslaveryunconstitutional in the state of Massachusetts by allowing slaves tosue their masters for freedom. Boston lawyer, and member of the Massachusetts Constitutional Convention of 1779,John Lowell, upon the adoption of Article I for inclusion in theMassachusetts Constitution, exclaimed: "I will render my services as a lawyer gratis to any slave suing for his freedom if it is withheld from him ..."[9] With this case, he fulfilled his promise. Slavery in Massachusetts was denied legal standing.
  • Commonwealth v. Hunt (1842) – The Court established thattrade unions were not necessarily criminal or conspiring organizations if they did not advocate violence or illegal activities in their attempts to gain recognition through striking. This legalized the existence of non-socialist ornon-violent trade organizations, though trade unions would continue to be harassed legally throughanti-trust suits and injunctions.
  • Roberts v. Boston (1850) – The Court established the "separate but equal" doctrine that would later be used inPlessy v. Ferguson by maintaining that the law gaveschool boards complete authority in assigning students to schools and that they could do so along racial lines if they deemed it appropriate.
  • Goodridge v. Department of Public Health (2003) – The Court ruled 4–3 that the denial ofmarriage licenses tosame-sex couples violated the Massachusetts Constitution. The decision was stayed for 180 days to allow the legislature time to amend the law to comply with the decision. In December 2003, the state Senate asked the SJC whether "civil unions" would comply with their ruling. The SJC replied that civil unions were insufficient, and civil marriage was required. The legislature made no further action, and the stay expired on May 17, 2004. The state began issuing marriage licenses to same-sex couples the same day. This decision was one of the first in the world to find that same-sex couples have a right to marry.

Composition

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The Court consists of aChief Justice and sixAssociate Justices appointed by theGovernor of Massachusetts with the consent of theGovernor's Council.

The Justices hold office until themandatory retirement age of seventy, like all other Massachusetts judges since 1972.

Current composition

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Main article:List of justices of the Massachusetts Supreme Judicial Court
NameBornStartMandatory RetirementAppointerLaw School
Kimberly S. Budd,Chief Justice (1966-10-23)October 23, 1966 (age 59)August 24, 2016[a]2036Charlie Baker (R)Harvard
Frank Gaziano (1963-09-08)September 8, 1963 (age 62)August 18, 20162034Charlie Baker (R)Suffolk
Scott L. Kafker (1959-04-24)April 24, 1959 (age 66)August 21, 20172029Charlie Baker (R)Chicago
Dalila Argaez WendlandtOctober 1969 (age 56)December 4, 20202039Charlie Baker (R)Stanford
Serge Georges Jr.April 1970 (age 55)December 16, 20202040Charlie Baker (R)Suffolk
Bessie Dewar (1980-07-04)July 4, 1980 (age 45)January 16, 20242050Maura Healey (D)Yale
Gabrielle Wolohojian (1960-12-16)December 16, 1960 (age 64)April 22, 20242030Maura Healey (D)Columbia
  1. ^Took office as Chief Justice on December 1, 2020 after being appointed by Governor Baker.


Chief JusticeKimberly S. Budd
Associate JusticeFrank Gaziano
Associate JusticeScott L. Kafker
Associate JusticeDalila Argaez Wendlandt
Associate JusticeSerge Georges Jr.
Associate JusticeBessie Dewar
Associate JusticeGabrielle Wolohojian

Notable members

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Notes

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  1. ^TheSupreme Court of Pennsylvania disputes this, claiming to be eight years older.[5]

References

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  1. ^"Supreme Court - Courts - Unified Judicial System of Pennsylvania". RetrievedJuly 7, 2017.
  2. ^The Virginia Supreme Court was founded as a appellate Court in 1623; it became a Supreme Court in 1779; The Supreme Court of Pennsylvania was founded as a Provincial Court in 1684; it became a Supreme Court in 1722;the New York Supreme Court was established as the Supreme Court of Judicature by the Province of New York on May 6, 1691. It became the New York Supreme Court under the New York Constitutional Convention of 1846.
  3. ^"Supreme Judicial Court of Massachusetts home page".Archived from the original on November 6, 2013. RetrievedOctober 16, 2013.
  4. ^Eichholz, Alice (2004). Alice Eichholz (ed.).Red Book: American State, County, and Town Sources (3rd Revised ed.). Ancestry Publishing. p. 316.ISBN 978-1593311667.
  5. ^"About the Supreme Court of Pennsylvania – SCOPA Review".Archived from the original on May 21, 2017. RetrievedJuly 7, 2017.
  6. ^"John Adams Courthouse | Mass.gov".www.mass.gov. RetrievedMarch 15, 2024.
  7. ^Zobel, Hiller (1970).Boston Massacre, pp. 243–265
  8. ^Zobel, pp. 269–286
  9. ^Lowell, Delmar R.,The Historic Genealogy of the Lowells of America from 1639 to 1899 (p 35); Rutland VT, The Tuttle Company, 1899;ISBN 978-0-7884-1567-8.

Works cited

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External links

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