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Massachusetts Supreme Judicial Court

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Massachusetts Supreme Judicial Court



 
 
The Massachusetts Supreme Judicial Court (SJC) is the highest court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere
Western Hemisphere

The Western Hemisphere, also Western hemisphere or western hemisphere, is a geography term for the half of the Earth that lies west of the Prime Meridian , the other half being the Eastern Hemisphere....
.

court was established in 1692 as the "Superior Court of Judicature". It was formed by order of the British Crown in response to the large number of prosecutions stemming from the Salem Witch Trials
Salem witch trials

The Salem witch trials were a series of hearings before local magistrates followed by county court trials to prosecute people accused of witchcraft in Essex County, Massachusetts, Suffolk County, Massachusetts, and Middlesex County, Massachusetts Counties of colonial Massachusetts, between February 1692 and May 1693....
.






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The Massachusetts Supreme Judicial Court (SJC) is the highest court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere
Western Hemisphere

The Western Hemisphere, also Western hemisphere or western hemisphere, is a geography term for the half of the Earth that lies west of the Prime Meridian , the other half being the Eastern Hemisphere....
.

History

The court was established in 1692 as the "Superior Court of Judicature". It was formed by order of the British Crown in response to the large number of prosecutions stemming from the Salem Witch Trials
Salem witch trials

The Salem witch trials were a series of hearings before local magistrates followed by county court trials to prosecute people accused of witchcraft in Essex County, Massachusetts, Suffolk County, Massachusetts, and Middlesex County, Massachusetts Counties of colonial Massachusetts, between February 1692 and May 1693....
. Its name was changed to the Supreme Judicial Court after the adoption of the Massachusetts Constitution
Massachusetts Constitution

The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the United States Commonwealth of Massachusetts. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the Massachusetts Constitutional Convention between September 1 and October 30, 1779....
 in 1780.

Functions

The seven Justices hear appeal
Appeal

In law, an appeal is a process for requesting a formal change to an official decision.The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country....
s on a broad range of criminal
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 and civil
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 cases between September and May.

Single Justice sessions are held each week throughout the year for certain motions pertaining to cases on trial or on appeal, bail reviews, bar discipline proceedings, petitions for admission to the bar, and a variety of other statutory proceedings. The Associate Justices sit as Single Justices each month on a rotation schedule.

The full bench renders approximately 200 written decisions each year; the single justices decide a total of approximately 600 cases annually.

In addition to its appellate functions, the SJC is responsible for the general superintendence of the judiciary and of the bar, the creation or approval of rules for the operations of all the state courts, and, in certain instances, providing advisory opinions, upon request, to the Governor
Governor

A governor is a governing official, usually the Executive of a non-sovereign level of government, ranking under the head of state. In federations, a governor may be the title of each appointed or elected politician who governs a constitutive state....
 and General Court
Massachusetts General Court

The Massachusetts General Court is the State legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonialism Era, when this body also sat in judgment of judicial appeals cases....
 on various legal issues.

The SJC also has oversight responsibility in varying degrees, according to statutes, with several affiliated agencies of the judicial branch, including the , the , the Board of Bar Examiners, the Clients' Security Board, the Commission on Judicial Conduct, the Massachusetts Legal Assistance Corporation, the Massachusetts Mental Health Legal Advisors’ Committee, and Correctional Legal Services, Inc.

The SJC is sits at the John Adams Courthouse, 1 Pemberton Square, Boston, Massachusetts
Boston, Massachusetts

Boston is the State capital and largest city of the Commonwealth of Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is considered the economic and cultural center of the region, and is sometimes regarded as the unofficial "Capital of New England." Boston city proper had a 2007 est...
 02108, which also houses the Massachusetts Appeals Court
Massachusetts Appeals Court

The Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. It was created in 1972 as a court of general appellate jurisdiction....
 and the Social Law Library
Social Law Library

The Social Law Library, founded in 1804, is the one of the oldest law libraries in the United States. It is located in the John Adams Courthouse at Pemberton Square in Boston, Massachusetts, the same building which houses the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court....
.

Landmark cases


  • Rex v. Preston (1770) - Captain Thomas Preston
    Thomas Preston

    Thomas Preston may refer to:*Thomas Preston , English composer *Thomas Preston , master of Trinity Hall, Cambridge and possible author of King Cambyses...
    , the Officer of the Day during the Boston Massacre
    Boston Massacre

    The Boston Massacre refers to an incident involving the deaths of five civilians at the hands of British Army on March 5, 1770, the legal aftermath of which helped spark the rebellion in some of the British colonies in America, which culminated in the American Revolution....
    , 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 named John Adams
    John Adams

    John Adams was an Politics of the United States and the List of Presidents of the United States President of the United States , after being the List of Vice Presidents of the United States Vice President of the United States for two terms....
    , later the second President of the United States
    President of the United States

    The President of the United States is the head of state and head of government of the United States and is the highest political official in the United States by influence and recognition....
    .


  • Rex v. Wemms, et al.
    Boston Massacre

    The Boston Massacre refers to an incident involving the deaths of five civilians at the hands of British Army on March 5, 1770, the legal aftermath of which helped spark the rebellion in some of the British colonies in America, which culminated in the American Revolution....
     (1770) - Six soldiers involved in the Boston Massacre
    Boston Massacre

    The Boston Massacre refers to an incident involving the deaths of five civilians at the hands of British Army on March 5, 1770, the legal aftermath of which helped spark the rebellion in some of the British colonies in America, which culminated in the American Revolution....
     were found not guilty, and two more the only two proven to have fired were found guilty of manslaughter.


  • Commonwealth v. Jennison (1783) - The Court declared slavery
    Slavery

    Slavery is a form of forced labor where a person is compelled to Labor for another . Slaves are held against their will from the time of their capture, purchase, or birth, and are deprived of the right to leave, to refuse to work, or to receive Remuneration in return for their labor....
     unconstitutional
    Constitutionality

    Constitutionality is the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution....
     in the state of Massachusetts by allowing slaves to sue
    Lawsuit

    In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
     their masters for freedom. Boston lawyer, and member of the Massachusetts Constitutional Convention of 1779, John Lowell
    John Lowell

    Hon. John Lowell , born in Newburyport, Massachusetts; the son of Rev. John Lowell and Sarah Champney. John Lowell was a respected lawyer, selectman, jurist, delegate to Congress, and federal judge....
    , upon the adoption of Article I for inclusion in the Massachusetts Constitution
    Massachusetts Constitution

    The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the United States Commonwealth of Massachusetts. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the Massachusetts Constitutional Convention between September 1 and October 30, 1779....
    , exclaimed: "...I will render my services as a lawyer gratis to any slave suing for his freedom if it is withheld from him..." With this case, he fulfilled his promise. Slavery in Massachusetts was denied legal standing.


  • Commonwealth v. Hunt
    Commonwealth v. Hunt

    Commonwealth v. Hunt was a landmark legal decision issued by the Massachusetts Supreme Judicial Court on the subject of labor unions....
     (1842) - The Court established that trade 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 or non-violent trade organizations, though trade unions would continue to be harassed legally through anti-trust suits and injunctions.


  • Roberts v. Boston
    Roberts v. Boston

    Roberts v. Boston, Case citation , was a lawsuit seeking to end racial discrimination in Boston public schools. The Massachusetts Supreme Judicial Court ruled in favor of Boston, finding no constitutional basis for the suit....
     (1850) - The Court established the "separate but equal
    Separate but equal

    Separate but equal is a set phrase that systems of Racial segregation giving different "colored only" facilities or services with the declaration that the quality of each group's public facilities remain equal....
    " doctrine that would later be used in Plessy v. Ferguson
    Plessy v. Ferguson

    Plessy v. Ferguson, Case citation , is a landmark Supreme Court of the United States decision in the case law of the United States, upholding the constitutionality of racial segregation even in public accommodations , under the doctrine of "separate but equal"....
     by maintaining that the law gave school board
    School Board

    School Board may refer to the education arrangements in different parts of the United Kingdom:* School board * School board ...
    s 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
    Goodridge v. Department of Public Health

    Goodridge v. Dept. of Public Health, Case citation , was a Precedent state appellate court case dealing with same-sex marriage in Massachusetts....
     (2003) - The Court ruled that the denial of marriage license
    Marriage license

    A marriage licence is a document issued, either by a Sacred Tradition or state authority, authorizing a couple to marriage. The procedure for obtaining a licence varies between countries and has changed over time....
    s to same-sex couples violated the Massachusetts Constitution.


Composition

The Court consists of a Chief Justice
Chief Justice

The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of India, the Supreme Court of Pakistan, the Supreme Court...
 and six Associate Justice
Associate Justice

Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth of Nations countries....
s appointed by the Governor of Massachusetts
Governor of Massachusetts

The Governor of the Commonwealth of Massachusetts is the executive magistrate of the U.S. state of Massachusetts, United States. The current governor is Democratic Party Deval Patrick....
 with the consent of the Governor's Council
Massachusetts Governor's Council

The Massachusetts Governor's Council is a governmental body that provides advice and consent in certain matters such as judicial nominations, pardons, and commutations to the Governor of Massachusetts....
. The Justices hold office until the mandatory retirement
Retirement

Retirement is the point where a person stops employment completely. A person may also semi-retire and keep some sort of retirement job, out of choice rather than necessity....
 age of seventy, like all other Massachusetts judges.

Current composition

The currently serving justices are:

  • Margaret H. Marshall
    Margaret H. Marshall

    Margaret Hilary Marshall is the 23rd Chief Justice of the Massachusetts Supreme Judicial Court, and the first female to hold that position. She has been Chief Justice since 1999....
     (Chief)
  • Roderick L. Ireland
  • Francis X. Spina
  • Judith A. Cowin
  • Robert J. Cordy
  • Margot Botsford
    Margot Botsford

    Margot Botsford is an United States lawyer and jurist from Massachusetts. She was appointed by Governor Deval Patrick in 2007 to serve as an Associate Justice of the Massachusetts Supreme Judicial Court....
  • Ralph Gants


Notable members

  • William Cushing
    William Cushing

    William Cushing was an early associate justice of the United States United States Supreme Court, from its inception to his death. He was the longest-serving of the Court's original members, sitting on the bench for 21 years....
    , Horace Gray
    Horace Gray

    Horace Gray was an United States of America jurist who ultimately served on the United States Supreme Court. He was an active in public service and a great philanthropist to the City of Boston....
    , and Oliver Wendell Holmes, Jr.
    Oliver Wendell Holmes, Jr.

    Oliver Wendell Holmes, Jr. was an United States jurist who served on the Supreme Court of the United States from 1902 to 1932. Noted for his long service, his concise and pithy opinions, and his deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly...
     served on the Supreme Court of the United States
    Supreme Court of the United States

    The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
     after leaving the Massachusetts Supreme Judicial Court
  • Charles Fried
    Charles Fried

    Charles Fried is a prominent American jurist and lawyer. He served as United States Solicitor General from 1985 to 1989. He is currently a professor at Harvard Law School....
     served as United States Solicitor General
    United States Solicitor General

    The United States Solicitor General is the person appointed to argue for the Government of the United States in front of the Supreme Court of the United States whenever the government is party to a case....
     from 1985 to 1989 under Ronald Reagan
    Ronald Reagan

    Ronald Wilson Reagan was the List of Presidents of the United States President of the United States and the 33rd Governor of California . Born in Illinois, Reagan moved to Los Angeles, California in the 1930s, where he was an actor, president of the Screen Actors Guild , and a spokesman for General Electric ....


List of Chief Justices


# Chief Justice Took office Left office
1 William Cushing
William Cushing

William Cushing was an early associate justice of the United States United States Supreme Court, from its inception to his death. He was the longest-serving of the Court's original members, sitting on the bench for 21 years....
 
Williamcushing
1782 1789
2 Nathaniel Peaslee Sargent 1790 1791
3 Francis Dana
Francis Dana

Francis Dana was an United States lawyer, jurist, and statesman from Massachusetts. He served as a delegate to the Continental Congress in 1777-1778 and 1784....
 
Francis Dana
1791 1806
4 Theophilus Parsons
Theophilus Parsons

Theophilus Parsons was an American jurist.The son of a clergyman, he graduated from Harvard College in 1769, was a schoolmaster in Falmouth from 1770-1773; he studied law, and was admitted to the bar in 1774....
 
Theophilus Parsons
1806 1813
5 Samuel Sewall
Samuel Sewall (congressman)

Samuel Sewall was an United States lawyer.He graduated from Harvard College , and set up practice as a lawyer in Marblehead. He served as a member of the state legislature in 1783 and from 1788 to 1796....
 
1814 1814
6 Isaac Parker
Isaac Parker (congressman)

Isaac Parker , Massachusetts Member of Congress and jurist, was born in Boston, Massachusetts, the son of Daniel Parker, a goldsmith, and Margaret Parker....
 
August 24, 1814 July 25, 1830
7 Lemuel Shaw
Lemuel Shaw

Lemuel Shaw , United States jurist, was born in Barnstable, Massachusetts, the second son of Oakes Shaw and his second wife Susanna, who was a daughter of John H....
 
August 30, 1830 August 21, 1860
8 George Tyler Bigelow September 7, 1860 December 31, 1867
9 Reuben Atwater Chapman February 7, 1868 June 28, 1873
10 Horace Gray
Horace Gray

Horace Gray was an United States of America jurist who ultimately served on the United States Supreme Court. He was an active in public service and a great philanthropist to the City of Boston....
 
Horace Gray
September 5, 1873 January 9, 1882
11 Marcus Morton
Marcus Morton (jurist)

Marcus Morton , United States lawyer and jurist who served as Chief Justice of the Massachusetts Supreme Judicial Court, was born in Taunton, Massachusetts, the son of future Governor of Massachusetts Marcus Morton and his wife Charlotte ....
 
January 16, 1882 August 27, 1890
12 Walbridge A. Field
Walbridge A. Field

Walbridge Abner Field was an American lawyer, jurist and politician who served as a member of the United States House of Representatives from Massachusetts, and as the Chief Justice of the Massachusetts Supreme Judicial Court....
 
September 4, 1890 July 15, 1899
13 Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.

Oliver Wendell Holmes, Jr. was an United States jurist who served on the Supreme Court of the United States from 1902 to 1932. Noted for his long service, his concise and pithy opinions, and his deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly...
 
Oliver Wendell Holmes Jr
August 2, 1899 December 8, 1902
14 Marcus Perrin Knowlton December 17, 1902 September 7, 1911
15 Arthur Prentice Rugg September 20, 1911 June 12, 1938
16 Fred Tarbell Field June 30, 1938 July 24, 1947
17 Stanley Elroy Qua August 6, 1947 September 6, 1956
18 Raymond Sanger Wilkins September 13, 1956 September 1, 1970
19 G. Joseph Tauro
G. Joseph Tauro

G. Joseph Tauro was the Chief Justice of the Massachusetts Supreme Judicial Court from 1970 to 1976.Tauro was born in Lynn, Massachusetts to an Italy immigrant cobbler and his wife....
 
1970 1976
20 Edward F. Hennessey
Edward F. Hennessey

Edward F. Hennessey was the Chief Justice of the Massachusetts Supreme Judicial Court from 1976 to 1989....
 
1976 April 19, 1989
21 Paul J. Liacos
Paul J. Liacos

Paul Julian Liacos was the Chief Justice of the Massachusetts Supreme Judicial Court from 1989 to 1996.He was born in Peabody, Massachusetts to James and Pitsa Liacos, Greeks immigrants....
 
June 20, 1989 September 30, 1996
22 Herbert P. Wilkins October 1, 1996 August 31, 1999
23 Margaret H. Marshall
Margaret H. Marshall

Margaret Hilary Marshall is the 23rd Chief Justice of the Massachusetts Supreme Judicial Court, and the first female to hold that position. She has been Chief Justice since 1999....
 
October 14, 1999 Incumbent
(faces mandatory retirement on September 1, 2014)


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