Legal Opinion

First Justice of the Bristol Division of the Juvenile Court Department v. Clerk-magistrate of the Bristol Division of the Juvenile Court Department

Massachusetts Supreme Judicial Court

Decided January 7, 2003PublishedCited by 31 opinions

1Opinion of the CourtGreaney, J.

We are concerned here with a claim that certain statutes enacted by the Legislature to modify other statutes governing clerk-magistrates (clerks), assistant clerks of court, and probation officers in aspects of their relationship with various administrative Trial Court justices should be declared unconstitutional because they infringe on inherent powers of the judiciary in contravention of art. 30 of the Massachusetts Declaration of Rights. There is a further claim that the challenged laws are independently unconstitutional because they were enacted by means of so-called “outside sections” in…

2Cases cited44 opinions

  1. Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
  2. Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1976
  3. O'Coin's, Inc. v. Treasurer of the County of WorcesterMassachusetts Supreme Judicial Court · 1972
  4. Blixt v. BlixtMassachusetts Supreme Judicial Court · 2002
  5. Spence v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1983

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3Cited by31 opinions

  1. Doe v. Sex Offender Registry BoardMassachusetts Supreme Judicial Court · 2011
  2. Commonwealth v. Clerk-Magistrate of the West Roxbury Division of the District Court DepartmentMassachusetts Supreme Judicial Court · 2003
  3. Commonwealth v. CarlinoMassachusetts Supreme Judicial Court · 2007
  4. State Board of Retirement v. BulgerMassachusetts Supreme Judicial Court · 2006
  5. Querubin v. CommonwealthMassachusetts Supreme Judicial Court · 2003

26 more not listed; retrieve them via the Exa API.

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