The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay.
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 of Maine, Massachusetts prefixes the name of its highest court with 'Judicial' to avoid confusion with the Massachusetts General Court, the state's legislature.
The Legislature created the Massachusetts Court of Appeals in 1972, building the modern formation of the Massachusetts state court system. The three-tiered judiciary structure is composed of the Supreme Judicial Court, the Massachusetts Court of Appeals, and trial courts. The court is known to interpret the Massachusetts Constitution to offer more protection of civil liberties when compared with other courts across the country.
The court does not have final jurisdiction for federal cases due to the Supremacy Clause, meaning they must follow the United States Supreme Court rulings when state laws conflict with federal laws or the U.S. Constitution.
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History
The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some of the court's decisions could be appealed to courts in England). When the Massachusetts 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 the American Revolution the court had members who were appointed by royal governors, the executive council of the Massachusetts Provincial Congress (which acted as the state's executive from 1775 to 1780), and governors elected under the state constitution.
Nomination process
The Massachusetts Supreme Judicial Court utilizes direct gubernatorial appointment for the nomination of justices. The Judicial Nominating Council is a volunteer body consisting primarily of attorneys that provides a list of potential judicial applicants to the governor, ensuring that the appointments are qualified and non-partisan. Additionally, a committee of representatives from the Boston Bar Association and the Massachusetts Bar Association provides their judgment and recommendations on the nominees. Then, the nominees are recommended to the Governor's Council for approval.
Location and citation
The SJC sits at the John Adams Courthouse, One Pemberton Square, Boston, Massachusetts 02108, which also houses the Massachusetts Appeals Court and the Social Law Library. The legal citation for the Massachusetts Supreme Judicial Court is "Mass."
Unconventional judicial powers
The Massachusetts Supreme Judicial Court also has an unusual role of providing advisory opinions that support the act of judicial review, although this power is often regarded as weak by lawmakers. Judicial review is a check on the other branches of state government by the judicial branch to determine the constitutionality of executive or legislative acts that was established by Marbury v. Madison. The Court is able to declare acts of the other two branches as unconstitutional upon the request of the governor or legislature, allowing the court to protect its authority through this quasi-legislative power. This ability makes the court more involved in the legislative process and influences the relationships between the Court and the other two branches of state government.
Landmark cases
Rex v. Preston (1770) – Captain Thomas Preston, the Officer of the Day during the Boston 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 named John Adams, later the second President of the United States.
Rex v. Wemms, et al. (1770) – Six soldiers involved in the Boston Massacre were found not guilty, and two more – the only two proven to have fired – were found guilty of manslaughter.
Commonwealth v. Nathaniel Jennison (1783) – The Court declared slavery unconstitutional in the state of Massachusetts by allowing slaves to sue 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 the Massachusetts Constitution, 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 (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 (1850) – The Court established the "separate but equal" doctrine that would later be used in Plessy v. Ferguson by maintaining that the law gave school boards complete authority in assigning students to schools and that they could do so along racial lines if they deemed it appropriate.
Commonwealth v. Nicola Sacco and Bartolomeo Vanzetti (1921) – The Court found two immigrants guilty of robbery and murder, in a trial that was later believed to be unfair. Global protests emerged, objecting to the ruling by the Court and promoting labor internationalism and justice for the working and immigrant classes.
Composition
The Court consists of a Chief Justice and six Associate Justices appointed by the Governor of Massachusetts with the consent of the Governor's Council.
The Justices hold office until the mandatory retirement age of seventy, like all other Massachusetts judges since 1972.
Current composition
The current Chief Justice of the Massachusetts Supreme Judicial Court is Kimberly S. Budd, the first Black woman to serve as a chief justice on the Massachusetts Supreme Judicial Court. She succeeded Chief Justice Ralph Gants. In her nomination speech, she urged Governor Charles Baker Jr. to continue diversifying the court to better represent Massachusetts communities.
Notable members
William Cushing, Associate Justice of the Supreme Court of the United States (1790–1810)
John Adams, 2nd President of the United States (1797-1801), 1st Vice President of the United States (1789-1797)
Charles Devens, United States Attorney General (1877–1881)
Charles Fried, United States Solicitor General (1985–1989)
Horace Gray, Associate Justice of the Supreme Court of the United States (1882–1902)
Ebenezer R. Hoar, United States Attorney General (1869–1870)
Oliver Wendell Holmes Jr., Associate Justice of the Supreme Court of the United States (1902–1932)
Roderick Ireland, first Black Justice and first Black Chief Justice
Geraldine Hines, first African American woman Justice
Fernande "Nan" Duffy, first Asian-American woman Justice
Barabara Lenk, first LGBTQ+ Justice
Dalia Argaez Wendlandt, first Hispanic Justice
Notable Chief Justices of the court
Francis Dana (1791–1806)
Theophilus Parsons (1806–1813), Federalist leader, Constitutional scholar
Samuel Sewall (1814)
Isaac Parker (1814–1830)
Lemuel Shaw (1830–1860), father-in-law of Herman Melville