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One of America’s first states with one of the
nation’s more venerable and venerated court systems, Massachusetts
dispenses justice through a tiered system capped by the oldest
appellate court in the Western Hemisphere.
MA Supreme Judicial Court
Massachusetts’
Supreme Judicial Court, originally known as the Superior Court of
Judicature, was established in 1692 and is the oldest appellate court
in continuous operation in the Western half of the world.
Following adoption of the Massachusetts
Constitution in 1780, the court’s name was changed to the Supreme
Judicial Court. Colloquially known as the SJC, it continues to
function under the oldest written constitution in the world.
The Massachusetts SJC is the commonwealth’s
highest appellate court. It consists of a chief justice, presently
Margaret H. Mitchell, and
six associate justices who are appointed by the governor with the
consent of the state’s Executive Council. Justices hold office until
the mandatory retirement age of 70, which is the retirement age of all
judges.
Justices hear appeals on a broad range of
criminal and civil cases in a session that runs from September through
May. Single-justice sessions are held each week throughout the year
for certain motions pertaining to cases on trial or pending appeal,
bail reviews, bar discipline proceedings, petitions for admission to
the bar, and a variety of other statutory proceedings that require SJC
involvement. Associate justices fill the single-justice role on a
rotating monthly schedule.
The full bench renders about 200 written opinions
each year, while single justices handle about 600 cases annually.
In addition to its appellate functions, the SJC
operates in a supervisory role for the entire judicial system and
state bar of Massachusetts. It makes or approves rules for the
operation of all courts in the state and, in some instances, provides
advisory opinions upon request to the governor and legislature on
important issues. The court also has varying degrees of oversight
authority for court-affiliated agencies such as the
Board of Bar Overseers,
Board of Bar Examiners,
Clients’ Security Board, the
Commission on Judicial Conduct,
Massachusetts Legal Assistance Corporation,
Massachusetts Mental Health Legal Advisors’ Committee and
Correctional Legal Services Inc.
Massachusetts Supreme Court
dockets and
opinions and even
Webcasts are available online.
Massachusetts Appeals Court
Established in 1972, the
Massachusetts Appeals Court is nearly 300 years the junior of the
state’s
Supreme Judicial Court. Most appeals from the state Trial Court’s
several departments initially are entered in the Appeals Court. While
some are then transferred directly to the Supreme Judicial Court, most
are decided by the Appeals Court judges.
The court also has jurisdiction over appeals from
decisions rendered by three state agencies, the Appellate Tax Board,
the Department of Industrial Accidents and the Labor Relations
Commission.
Some appeals, however, do not go to the Appeals
Court. An appeal of conviction for first-degree murder goes directly
to the SJC. In the District Court Department, appeals in certain civil
cases are first made to the Appellate Division of the District Court.
The MA Appeals Court has a
roster of 25 statutory judges. The present chief justice of the
court, appointed in 2006, is Phillip Rapoza. If necessary, the court
has the ability to recall several retired appellate judges.
Like many intermediate appellate courts, the
Appeals Court of Massachusetts almost always is seated in panels of
three. The composition of each panel changes regularly so that judges
have the opportunity to sit with every other judge.
The court convenes in Boston during every month
from September through June, and also holds sessions throughout the
year in locations other than Boston.
Beyond its appellate jurisdiction, the Appeals
Court, like the SJC, operates single-justice sessions with separate
dockets. A single justice has power to review interlocutory orders and
orders for injunctive relief issued by certain Trial Court
departments. The single justice also can review summary process appeal
bonds, some attorney’s fee awards, motions for stays of civil
proceedings or criminal sentences pending appeal, and motions to
review impoundment orders. Each associate justice of the Appeals Court
sits as a single justice for one month at a time.
Massachusetts Appeals Court
case dockets and calendars,
opinions,
standing orders, and
rules and procedures all are available online.
MA Trial Courts
Massachusetts’
Trial Court system was created by Chapter 478 of the Acts of 1978.
Before that legislation, all trial courts in the commonwealth, except
the Land Court that was state-operated, were county or local courts
funded through the counties. The 1978 statute reorganized the courts
into seven Trial Court departments:
Boston Municipal Court;
District Court;
Housing Court;
Juvenile Court;
Probate and Family Court;
Superior Court; and the aforementioned
Land Court.
With the legislation, administrative justices
became responsible for the administration of each court department.
And, the judges of all departments received the same salary and
benefits from the state, becoming state employees.
The 1978 statute created a central administrative
office under direction of a chief administrative justice who was also
responsible for the overall management of the Trial Court.
In 1992, the state legislature enacted a second
court reorganization. The structure of Trial Court remained the same –
seven departments, each with a chief justice rather than
administrative justice, and a central office headed by a judge known
thereafter as an administrative justice. The 1992 statute also greatly
expanded the
Juvenile Court Department and ended trial de novo in the
District Court.
And in 2003, the Massachusetts Trial Court, under
the general superintendence of the Supreme Judicial Court, is still
made up of seven departments, each with its own administrative office,
the central Administrative Office (itself consisting of eight
departments), the
Office of the Jury Commissioner and the
Office of the Commissioner of Probation.
There are 362 authorized judicial positions in
the Trial Court system. The state’s trial judges sit in more than 130
locations across Massachusetts and the courts employ more than 7,000
individuals.
Online resources include lists of the Trial
Courts by
alphabetical order, courts within each
county, and by
court department.
Self-Help
Individuals who find themselves headed to court
in Massachusetts have several self-help information sources at their
disposal. They include links for
attorney referrals,
court forms, state court
guidelines and standards, Trial Court
law libraries, and
probation supervision. |