Brach v. Chief Justice of District Court Department

In this action, the plaintiffs challenge the validity of Administrative Regulation No. 2-79 (AR 2-79) (promulgated by the Chief Justice of the District Court Department) under which, upon conviction of certain motor vehicle offenses, they were required to surrender their drivers’ licenses to the court. We hold that the challenged regulation, although it is a sensible solution to a serious public problem, is invalid. 3

1. Background and statutory scheme. General Laws c. 90, § 24 (1) (a) and (2) (a), as amended, lists a number of motor vehicle offenses and the respective penalties for conviction…