Butler v. Supreme Judicial Court

RUDMAN, Justice.

The plaintiffs appeal from the judgment of the Superior Court (Cumberland County, Brodrick, J.) granting summary judgment on all counts of the amended complaint in favor of the defendants and upholding the constitutionality of Administrative Order SJC-321 that imposes a $300 fee in any civil case in which trial by jury is demanded. The plaintiffs argue that the $300 jury fee violates the principle of separation of powers because it constitutes a tax imposed by the judiciary and violates the plaintiffs’ constitutional rights to a civil jury trial, equal protection under law,…