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词条 Massachusetts Supreme Judicial Court
释义

  1. History

  2. Location and citation

  3. Landmark cases

  4. Composition

     Current composition  Notable members  List of Chief Justices  Associate justices appointed by royal governors (1692–1775)  Justices appointed by the Provincial Congress (1775–1780)  Associate justices appointed under the state constitution (1780–present) 

  5. Notes

  6. References

  7. External links

{{coord|42.359297|-71.060954|type:landmark_region:US|display=title}}{{Infobox high court
|court_name = Supreme Judicial Court
of Massachusetts
|image = Supreme Judicial Court of Massachusetts.png
|imagesize = 160px
|caption =
|established = 1692
|country = United States {{flagicon|USA}}
|location=Boston, Massachusetts
|coordinates=
|type = Executive appointments with quasi-legislative consent
|authority = Massachusetts Constitution
|appeals = Supreme Court of the United States
|terms =
|positions =
|website = Official website
|chiefjudgetitle = Chief Justice
|chiefjudgename = Ralph Gants
|termstart = July 28, 2014
|termend = 2024
|termend2 =
}}

The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. The SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas,[1] 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.[2] The Supreme Court of Pennsylvania disputes this, claiming to be eight years older.[3]

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.

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.

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 proper legal citation for the Massachusetts Supreme Judicial Court is "Mass."

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.[4]
  • Rex v. Wemms, et al. (1770) – Six soldiers involved in the Boston Massacre were found not guilty, and two more{{spaced ndash}}the only two proven to have fired{{spaced ndash}}were found guilty of manslaughter.[5]
  • 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..."[6] 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.
  • Goodridge v. Department of Public Health (2003) – The Court ruled 4–3 that the denial of marriage licenses to same-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

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.

Current composition

The currently serving justices are:

JusticeBegan active
service		Appointed
by		Reaches age 70
Ralph|Gants}}2009 (Assoc.)
2014 (Chief)		Deval Patrick (both)2024
Barbara|Lenk}}2011[7]Deval Patrick2020
Frank M.|Gaziano}}2016Charlie Baker2034
David A.|Lowy}}2016Charlie Baker2031
Kimberly S.|Budd}}2016Charlie Baker2036
Elspeth B.|Cypher}}2017 [8]Charlie Baker2029
Scott L.|Kafker}}2017Charlie Baker2029

Notable members

  • William Cushing, Horace Gray, and Oliver Wendell Holmes, Jr. were Chief Justices of the Massachusetts Supreme Judicial Court when they were appointed to serve as Associate Justices of the Supreme Court of the United States
  • Lemuel Shaw was one of the greatest American judges of the mid-19th century
  • Charles Fried, who served on the Massachusetts Supreme Judicial Court from 1995 to 1999, was United States Solicitor General from 1985 to 1989 under Ronald Reagan

List of Chief Justices

# Chief Justice Took office Left office Appointed by Notes
1 William Stoughton 1692 1701 Sir William Phips Died in office.
2 Wait Winthrop 1701 1701 Governor's Council Resigned.
3 Isaac Addington 1702 1703 Joseph Dudley Resigned.
4 Wait Winthrop 1708 1717 Joseph Dudley Died in office.
5 Samuel Sewall 1718 1728 Samuel Shute Resigned.
6 Benjamin Lynde, Sr. 1729 1745 William Burnet Died in office.
7 Paul Dudley 1745 1751 William Shirley Died in office.
8 Stephen Sewall 1752 1760 William Shirley Died in office.
9 Thomas Hutchinson 1761 1769 Francis Bernard Resigned.
10 Benjamin Lynde, Jr. 1769 1771 Thomas Hutchinson Resigned.
11 Peter Oliver 1772 1775 Thomas Hutchinson Forced out by the revolution.
12 John Adams 1775 1776 Governor's Council Adams accepted the appointment for political reasons, but never sat on the court and eventually resigned.
13 William Cushing 1777 1789 Governor's Council Resigned upon appointment to the United States Supreme Court.
14 Nathaniel Peaslee Sargent 1790 1791 John Hancock Died in office.
15 Francis Dana 1791 1806 John Hancock Resigned.
16 Theophilus Parsons 1806 1813 Caleb Strong Died in office.
17 Samuel Sewall 1814 1814 Caleb Strong Died in office.
18 Isaac Parker 1814 1830 Caleb Strong Died in office.
19 Lemuel Shaw 1830 1860 Levi Lincoln, Jr. Resigned.
20 George Tyler Bigelow 1860 1867 Nathaniel Prentice Banks Resigned.
21 Reuben Atwater Chapman 1868 1873 Alexander H. Bullock Died in office.
22 Horace Gray 1873 1882 William B. Washburn Resigned upon appointment to the United States Supreme Court.
23 Marcus Morton 1882 1890 John D. Long Resigned.
24 Walbridge A. Field 1890 1899 John Q. A. Brackett Died in office.
25 Oliver Wendell Holmes, Jr. 1899 1902 Roger Wolcott Resigned upon appointment to the United States Supreme Court.
26 Marcus Perrin Knowlton 1902 1911 Winthrop M. Crane Resigned.
27 Arthur Prentice Rugg 1911 1938 Eugene Foss Died in office.
28 Fred Tarbell Field 1938 1947 Charles F. Hurley Resigned.
29 Stanley Elroy Qua 1947 1956 Robert F. Bradford Resigned.
30 Raymond Sanger Wilkins 1956 1970 Christian Herter Resigned.
31 G. Joseph Tauro 1970 1976 Francis W. Sargent Resigned.
32 Edward F. Hennessey 1976 1989 Michael Dukakis Resigned.
33 Paul J. Liacos 1989 1996 Michael Dukakis Resigned.
34 Herbert P. Wilkins 1996 1999 William Weld Resigned.
35 Margaret H. Marshall 1999 2010 Paul Cellucci Resigned.
36 Roderick L. Ireland 2010 2014 Deval Patrick Resigned.
37 Ralph Gants 2014 incumbent Deval Patrick

Associate justices appointed by royal governors (1692–1775)

All judges appointed before 1695 were reappointed in that year (except John Richards, who had died) because the legislation creating the court was vetoed in that year by the Privy Council. Several further attempts to legislate the court's existence were vetoed, and it was not until 1699 that the provincial assembly enacted laws creating courts that satisfied the Privy Council.

Justice Began active
service 		Ended active
service 		Appointed
by 		Notes
Thomas|Danforth}}16921699Phips 01|Sir William Phips}} Died in office.
Wait|Winthrop}}16921701Phips 02|Sir William Phips}} Promoted to chief justice; resigned in 1702. Winthrop rejoined the court as chief justice in 1708, and died while holding that office in 1717.
John|Richards|dab=colonial judge}}16921694Phips 03|Sir William Phips}} Died in office.
Samuel|Sewall}}16921718Phips 04|Sir William Phips}} Promoted to chief justice; resigned 1728.
Elisha|Cooke, Sr.}}16951702Stoughton 01|William Stoughton}} Died in office.
John|Walley}}17001712Stoughton 02|William Stoughton}} Died in office.
John|Saffin}}17011702Governor's Council Appointment not renewed upon the accession of Queen Anne.
John|Hathorne}}17021712Dudley 02|Joseph Dudley}} Resigned.
John|Leverett|John Leverett the Younger}}17021708Dudley 03|Joseph Dudley}} Resigned.
Jonathan|Curwin}}17081715Dudley 04|Joseph Dudley}} Appointment not renewed upon the accession of King George I.
Benjamin|Lynde, Sr.}}17121729Dudley 05|Joseph Dudley}} Promoted to chief justice; died in office, 1745.
Nathaniel|Thomas|dab=Massachusetts judge}}17121718Dudley 06|Joseph Dudley}} Died in office.
Addington|Davenport}}17151736 Died in office.
Edmund|Quincy|Edmund Quincy (1681–1737)}}17181737Shute 01|Samuel Shute}} Resigned.
Paul|Dudley|dab=jurist}}17181745Shute 02|Samuel Shute}} Promoted to chief justice; died in office, 1751.
John|Cushing}}17281733Burnet|William Burnet}} Resigned.
Jonathan|Remington}}17331745Belcher 01|Jonathan Belcher}} Died in office.
Richard|Saltonstall|dab=Massachusetts judge}}17361756Belcher 02|Jonathan Belcher}} Resigned.
Thomas|Graves|dab=Massachusetts judge}}17371738Belcher 03|Jonathan Belcher}} Resigned.
Stephen|Sewall}}17391752Belcher 04|Jonathan Belcher}} Promoted to chief justice; died in office, 1760.
Nathaniel|Hubbard}}17451746Shirley 01|William Shirley}}
Benjamin|Lynde, Jr.}}17471769Shirley 02|William Shirley}} Promoted to chief justice; resigned, 1771.
John|Cushing, Jr.}}17471771Shirley 03|William Shirley}} Resigned.
Chambers|Russell}}17521766Phips S|Spencer Phips}} Died in office.
Peter|Oliver|dab=loyalist}}17561772Shirley 04|William Shirley}} Promoted to chief justice; forced out during revolution, 1775.
Edmund|Trowbridge}}17671775Bernard|Francis Bernard}} Forced out during revolution.
Foster|Hutchinson (judge)}}17711775Hutchinson 01|Thomas Hutchinson}} Forced out during revolution.
Nathaniel|Ropes}}17721774Hutchinson 02|Thomas Hutchinson}} Died in office.
William|Cushing}}17721777Hutchinson 03|Thomas Hutchinson}} Survived reorganization of the court, 1775; promoted to chief justice, 1777; resigned upon appointment to United States Supreme Court, 1789.
William|Brown|dab=Massachusetts judge}}17741775Hutchinson 04|Thomas Hutchinson}}Brown's appointment was approved during the tenure of Governor Thomas Gage, but was made by Hutchinson. Brown was forced out during the revolution.

Justices appointed by the Provincial Congress (1775–1780)

Justice Began active
service 		Ended active
service 		Notes
John|Adams}}1775 1776 Adams never sat with the court, and resigned in 1776.
Nathaniel|Sargent|Nathaniel Peaslee Sargent}}17751791Appointed chief justice by John Hancock in 1790.
William|Reed|dab=Massachusetts judge}}1775RefusedReed refused the appointment.
Robert Treat|Paine}}1776RefusedPaine refused the appointment.
James|Warren|dab=politician}}1776RefusedWarren refused the appointment.
Jedediah|Foster}}17761779Died in office.
James|Sullivan|dab=governor}}17761807Resigned to become governor.
David|Sewall}}17771789Resigned to become judge of the United States District Court for Maine.

Associate justices appointed under the state constitution (1780–present)

Justice Began active
service 		Ended active
service 		Appointed
by 		Notes
Ruth|Abrams}}19782000Michael Dukakis
William|Allen|dab=Massachusetts judge}}18811891John Davis LongDied in office.
Charles|Allen|dab=jurist}}18821898John Davis LongResigned.
Seth|Ames}}18691881William ClaflinResigned.
James|Barker|dab=Massachusetts judge}}18911905William E. RussellDied in office.
George Tyler|Bigelow}}18501860George N. BriggsPromoted to chief justice.
Margot|Botsford}}20072017Deval Patrick
Theophilus|Bradbury}}17971803Increase SumnerRemoved due to physical infirmity.
Henry|Braley}}19021929Winthrop M. CraneDied in office.
Robert|Braucher}}19711981Francis W. Sargent
Kimberly S.|Budd}}2016incumbentCharlie Baker
James|Carroll|dab=Massachusetts judge}}19151932David I. WalshDied in office.
Reuben Atwater|Chapman|Reuben Atwater Chapman|dab=Massachusetts judge}}18601868Nathaniel Prentice BanksPromoted to chief justice.
Waldo|Colburn}}18821885John Davis LongDied in office.
James|Colt|dab=Massachusetts judge}}18651866John Albion AndrewResigned.
James|Colt|dab=Massachusetts judge}}18681881Alexander H. BullockDied in office.
Robert J.|Cordy}}20012016Paul Cellucci
Edward|Counihan}}19491960Paul A. Dever
Judith A.|Cowin}}19992011Paul CellucciResigned.
Louis|Cox}}19371944Charles F. Hurley
John C.|Crosby}}19141937David I. WalshResigned.
Caleb|Cushing}}18521853George S. BoutwellResigned to become United States Attorney General.
Nathan|Cushing}}17901800John HancockResigned.
R. Ammi|Cutter}}19561972Christian Herter
Francis|Dana}}17851806John HancockPromoted to chief justice.
Thomas|Dawes}}17921802John HancockResigned.
Charles|Decourcy}}19111924Eugene FossDied in office.
Charles|Devens}}18731877William B. WashburnResigned to become United States Attorney General.
Charles|Devens}}18811891
John Davis LongSecond appointment; died in office.
Daniel|Dewey}}18141815Caleb StrongDied in office.
Charles Augustus|Dewey}}18371866Edward EverettDied in office.
Arthur|Dolan}}19371949Charles F. Hurley
Charles|Donahue}}19321944Joseph B. Ely
Fernande R.V.|Duffly}}20112016Deval Patrick
William|Endicott}}18731882William B. WashburnResigned.
Fred T.|Field}}19291938Frank G. AllenPromoted to chief justice; resigned in 1947.
Walbridge A.|Field}}18811890John Davis LongPromoted to chief justice.
Richard|Fletcher|dab=American politician}}18481853George N. BriggsResigned.
Charles|Forbes|dab=Massachusetts judge}}18481848George N. BriggsResigned.
Dwight|Foster|dab=1828–1884}}18661869Alexander H. BullockResigned.
Charles|Fried}}19951999William WeldResigned.
Ralph D.|Gants}}20092014Deval PatrickPromoted to chief justice (incumbent)
William|Gardner|dab=Massachusetts judge}}18851887George D. RobinsonResigned.
Frank M.|Gaziano}}2016incumbentCharlie Baker
Horace|Gray}}18641873John Albion AndrewPromoted to chief justice.
John M.|Greaney}}19892008Michael DukakisResigned.
John|Hammond|dab=Massachusetts judge}}18981914Roger WolcottResigned.
Edward F.|Hennessey}}19711976Francis W. SargentPromoted to chief justice; resigned in 1989.
Geraldine|Hines}}20142017Deval Patrick
Ebenezer R.|Hoar}}18591869Nathaniel Prentice BanksResigned to become United States Attorney General.
Oliver Wendell|Holmes, Jr.}}18821899John Davis LongPromoted to chief justice.
Samuel|Hubbard|dab=Massachusetts judge}}18421848John DavisDied in office.
Roderick L.|Ireland}}19972010William WeldPromoted to chief justice; resigned in 2014.
Charles|Jackson|Charles Jackson (judge)}}18131823Caleb StrongResigned.
Charles|Jenney}}19191923Calvin CoolidgeDied in office.
Benjamin|Kaplan}}19721981Francis W. SargentResigned.
Paul G.|Kirk Sr.}}19601971Foster Furcolo
Marcus Perrin|Knowlton}}18871902Oliver AmesPromoted to chief justice; resigned in 1911.
John|Lathrop|dab=Massachusetts judge}}18911906William RussellResigned.
Barbara|Lenk}}2011incumbentDeval Patrick
Paul J.|Liacos}}19761989Michael DukakisPromoted to chief justice.
Levi|Lincoln, Jr.}}18241825William EustisResigned to become governor.
Otis|Lord}}18751882William GastonResigned.
William|Loring|dab=Massachusetts judge}}18991919Roger WolcottResigned.
David A.|Lowy}}2016incumbentCharlie Baker
Henry|Lummus}}19321955Joseph B. Ely
Neil L.|Lynch}}19812000Edward J. King
Margaret H.|Marshall}}19961999William WeldPromoted to chief justice; resigned in 2010.
Pliny|Merrick}}18531864John H. CliffordResigned.
Theron|Metcalf}}18481865George N. BriggsResigned.
Marcus|Morton}}18251840Levi Lincoln, Jr.Resigned to become governor.
Marcus|Morton, Jr.|Marcus Morton (jurist)}}18691882William ClaflinPromoted to chief justice.
James|Morton|dab=Massachusetts judge}}18901913John Q. A. BrackettResigned.
Joseph R.|Nolan}}19811995Edward J. King
Robert Treat|Paine}}17901804John HancockResigned.
Isaac|Parker|dab=congressman}}18061814Caleb StrongPromoted to chief justice; died in office.
Francis Patrick|O'Connor}}19811997Edward J. KingResigned.
Edward|Pierce|dab=Massachusetts judge}}19141937David I. WalshResigned.
Samuel|Putnam|dab=Massachusetts judge}}18141842Caleb StrongResigned.
Stanley Elroy|Qua}}19341947Joseph B. ElyPromoted to chief justice; resigned 1956.
Francis|Quirico}}19691981Francis W. Sargent
Paul|Reardon}}19621977John A. Volpe
James|Ronan}}19381960Charles F. Hurley
Arthur|Rugg}}19061911Curtis Guild, Jr.Promoted to chief justice; died in office.
George|Sanderson|dab=Massachusetts judge}}19241932Channing H. CoxDied in office.
Theodore|Sedgwick}}18021813Caleb StrongDied in office.
Samuel|Sewall|dab=congressman}}18001814Caleb StrongPromoted to chief justice; died shortly afterward.
Henry|Sheldon|dab=Massachusetts judge}}19051915William Lewis DouglasResigned.
Martha B.|Sosman}}20002007Paul CellucciDied in office.
Augustus Lord|Soule}}18771881Alexander H. RiceResigned.
John|Spalding|dab=Massachusetts judge}}19441971Leverett Saltonstall
Jacob|Spiegel|dab=Massachusetts judge}}19601972Foster Furcolo
Francis X.|Spina}}19992016Paul Cellucci
Simeon|Strong}}18011805Caleb StrongDied in office.
Increase|Sumner}}17821797John HancockResigned to become governor.
G. Joseph|Tauro}}19701976Francis W. Sargent
George|Thatcher}}18011824Caleb StrongResigned.
Benjamin|Thomas|dab=congressman}}18531859John H. CliffordResigned.
William|Wait}}19231934Channing H. CoxResigned.
John|Wells|dab=Massachusetts judge}}18661875Alexander H. BullockDied in office.
Arthur|Whittemore}}19551969Christian Herter
Samuel|Wilde}}18151850Caleb StrongResigned.
Herbert P.|Wilkins}}19721996Francis W. SargentPromoted to chief justice; resigned in 1999.
Raymond|Wilkins|dab=Massachusetts judge}}19441956Leverett SaltonstallPromoted to chief justice; resigned in 1970.
Harold P.|Williams|}}19471962Robert F. Bradford

Notes

1. ^{{cite web|url=http://www.massreports.com/|title=Supreme Judicial Court of Massachusetts home page|accessdate=2013-10-16}}
2. ^{{cite book|last=Eichholz|first=Alice|title=Red Book: American State, County, and Town Sources|year=2004|publisher=Ancestry Publishing|isbn=978-1593311667|page=316|edition=3rd Revised|editor=Alice Eichholz}}
3. ^{{cite web|url=http://scopareview.com/about/supreme-court-of-pennsylvania/|title=About the Supreme Court of Pennsylvania – SCOPA Review|publisher=|accessdate=7 July 2017}}
4. ^Zobel, Hiller (1970). Boston Massacre, pp. 243–265
5. ^Zobel, pp. 269–286
6. ^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}}.
7. ^{{cite news|work=Boston Globe |url=http://www.boston.com/news/local/breaking_news/2011/05/lenk_approved_f.html |first=Michael |last=Levenson |title=Lenk approved for SJC; first openly gay justice on state's highest court| date= May 4, 2011 |accessdate= May 4, 2011}}
8. ^{{cite web|url=https://www.bostonglobe.com/metro/2017/03/15/justice-margot-botsford-retires-from-sjc/XtwHCnHqnSVfs78r22cVbJ/story.html|title=Justice Margot Botsford retires from SJC – The Boston Globe|publisher=|accessdate=7 July 2017}}

References

  • Davis, William (1900). [https://books.google.com/books?id=fTU4AAAAIAAJ&pg=PA1#v=onepage&f=false History of the Judiciary of Massachusetts]
  • [https://books.google.com/books?id=RbETAAAAYAAJ&lpg=PA70&pg=PA68#v=onepage&f=false Massachusetts Civil List for the Colonial and Provincial Periods]
  • Reno, Conrad. [https://books.google.com/books?id=kGswAQAAMAAJ&pg=PA75#v=onepage&q&f=false Memoirs of the Judiciary and the Bar of New England, Volume 1]

External links

  • Supreme Judicial Court of Massachusetts
  • List of Chief Justices of the Supreme Judicial Court (since 1801)
  • Office of the Reporter of Decisions of the SJC
  • Gay-Marriage Decision: Just the Beginning of the Debate
  • [https://www.oyez.org/oyez/resource/case/239/ Memoirs v. Massachusetts]
  • Simpson's Contemporary Quotations
{{Justices of the Massachusetts Supreme Judicial Court}}{{Current Massachusetts statewide political officials}}{{Massachusetts government}}{{US Judiciaries}}{{Lists of US Justices}}

5 : Massachusetts Supreme Judicial Court|State supreme courts of the United States|Massachusetts state courts|1692 establishments in Massachusetts|Government Center, Boston
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