Massachusetts Supreme Judicial Court

Coordinates: 42°21′33″N 71°03′39″W / 42.359297°N 71.060954°W

Supreme Judicial Court of Massachusetts
Established	1692
Country	Massachusetts , United States
Location	Boston, Massachusetts
Composition method	Executive appointments with quasi-legislative consent
Authorized by	Massachusetts Constitution
Decisions are appealed to	Supreme Court of the United States
Website	Official website
Chief Justice
Currently	Ralph Gants
Since	July 28, 2014

John Adams Courthouse, home to the SJC

The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. The SJC has 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]

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.^[3]
• 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.^[4]
• 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..."^[5] 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:

Justice	Began active service	Appointed by
Gants, RalphRalph Gants	2009 (Assoc.) 2014 (Chief)	Deval Patrick (both)
Botsford, MargotMargot Botsford	2007	Deval Patrick
Lenk, BarbaraBarbara Lenk	2011[6]	Deval Patrick
Hines, GeraldineGeraldine Hines	2014	Deval Patrick
Gaziano, FrankFrank Gaziano	2016	Charlie Baker
Lowy, David A.David A. Lowy	2016	Charlie Baker
Budd, KimberlyKimberly Budd	2016	Charlie Baker

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
Danforth, ThomasThomas Danforth	1692	1699	Sir William Phips	Died in office.
Winthrop, WaitWait Winthrop	1692	1701	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.
Richards, JohnJohn Richards	1692	1694	Sir William Phips	Died in office.
Sewall, SamuelSamuel Sewall	1692	1718	Sir William Phips	Promoted to chief justice; resigned 1728.
Cooke, Sr., ElishaElisha Cooke, Sr.	1695	1702	William Stoughton	Died in office.
Walley, JohnJohn Walley	1700	1712	William Stoughton	Died in office.
Saffin, JohnJohn Saffin	1701	1702	Governor's Council	Appointment not renewed upon the accession of Queen Anne.
Hathorne, JohnJohn Hathorne	1702	1712	Joseph Dudley	Resigned.
Leverett, JohnJohn Leverett	1702	1708	Joseph Dudley	Resigned.
Curwin, JonathanJonathan Curwin	1708	1715	Joseph Dudley	Appointment not renewed upon the accession of King George I.
Lynde, Sr., BenjaminBenjamin Lynde, Sr.	1712	1729	Joseph Dudley	Promoted to chief justice; died in office, 1745.
Thomas, NathanielNathaniel Thomas	1712	1718	Joseph Dudley	Died in office.
Davenport, AddingtonAddington Davenport	1715	1736		Died in office.
Quincy, EdmundEdmund Quincy	1718	1737	Samuel Shute	Resigned.
Dudley, PaulPaul Dudley	1718	1745	Samuel Shute	Promoted to chief justice; died in office, 1751.
Cushing, JohnJohn Cushing	1728	1733	William Burnet	Resigned.
Remington, JonathanJonathan Remington	1733	1745	Jonathan Belcher	Died in office.
Saltonstall, RichardRichard Saltonstall	1736	1756	Jonathan Belcher	Resigned.
Graves, ThomasThomas Graves	1737	1738	Jonathan Belcher	Resigned.
Sewall, StephenStephen Sewall	1739	1752	Jonathan Belcher	Promoted to chief justice; died in office, 1760.
Hubbard, NathanielNathaniel Hubbard	1745	1746	William Shirley
Lynde, Jr., BenjaminBenjamin Lynde, Jr.	1747	1769	William Shirley	Promoted to chief justice; resigned, 1771.
Cushing, Jr., JohnJohn Cushing, Jr.	1747	1771	William Shirley	Resigned.
Russell, ChambersChambers Russell	1752	1766	Spencer Phips	Died in office.
Oliver, PeterPeter Oliver	1756	1772	William Shirley	Promoted to chief justice; forced out during revolution, 1775.
Trowbridge, EdmundEdmund Trowbridge	1767	1775	Francis Bernard	Forced out during revolution.
Hutchinson, FosterFoster Hutchinson	1771	1775	Thomas Hutchinson	Forced out during revolution.
Ropes, NathanielNathaniel Ropes	1772	1774	Thomas Hutchinson	Died in office.
Cushing, WilliamWilliam Cushing	1772	1777	Thomas Hutchinson	Survived reorganization of the court, 1775; promoted to chief justice, 1777; resigned upon appointment to United States Supreme Court, 1789.
Brown, WilliamWilliam Brown	1774	1775	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
Adams, JohnJohn Adams	1775	1776	Adams never sat with the court, and resigned in 1776.
Sargent, NathanielNathaniel Sargent	1775	1791	Appointed chief justice by John Hancock in 1790.
Reed, WilliamWilliam Reed	1775	Refused	Reed refused the appointment.
Paine, Robert TreatRobert Treat Paine	1776	Refused	Paine refused the appointment.
Warren, JamesJames Warren	1776	Refused	Warren refused the appointment.
Foster, JedediahJedediah Foster	1776	1779	Died in office.
Sullivan, JamesJames Sullivan	1776	1807	Resigned to become governor.
Sewall, DavidDavid Sewall	1777	1789	Resigned 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
Abrams, RuthRuth Abrams	1978	2000	Michael Dukakis
Allen, WilliamWilliam Allen	1881	1891	John Davis Long	Died in office.
Allen, CharlesCharles Allen	1882	1898	John Davis Long	Resigned.
Ames, SethSeth Ames	1869	1881	William Claflin	Resigned.
Barker, JamesJames Barker	1891	1905	William E. Russell	Died in office.
Bigelow, George TylerGeorge Tyler Bigelow	1850	1860	George N. Briggs	Promoted to chief justice.
Botsford, MargotMargot Botsford	2007	incumbent	Deval Patrick
Bradbury, TheophilusTheophilus Bradbury	1797	1803	Increase Sumner	Removed due to physical infirmity.
Braley, HenryHenry Braley	1902	1929	Winthrop M. Crane	Died in office.
Braucher, RobertRobert Braucher	1971	1981	Francis W. Sargent
Budd, KimberlyKimberly Budd	2016	incumbent	Charlie Baker
Carroll, JamesJames Carroll	1915	1932	David I. Walsh	Died in office.
Chapman, Reuben AtwaterReuben Atwater Chapman	1860	1868	Nathaniel Prentice Banks	Promoted to chief justice.
Colburn, WaldoWaldo Colburn	1882	1885	John Davis Long	Died in office.
Colt, JamesJames Colt	1865	1866	John Albion Andrew	Resigned.
Colt, JamesJames Colt	1868	1881	Alexander H. Bullock	Died in office.
Cordy, Robert J.Robert J. Cordy	2001	2016	Paul Cellucci
Counihan, EdwardEdward Counihan	1949	1960	Paul A. Dever
Cowin, Judith A.Judith A. Cowin	1999	2011	Paul Cellucci	Resigned.
Cox, LouisLouis Cox	1937	1944	Charles F. Hurley
Crosby, John C.John C. Crosby	1914	1937	David I. Walsh	Resigned.
Cushing, CalebCaleb Cushing	1852	1853	George S. Boutwell	Resigned to become United States Attorney General.
Cushing, NathanNathan Cushing	1790	1800	John Hancock	Resigned.
Cutter, R. AmmiR. Ammi Cutter	1956	1972	Christian Herter
Dana, FrancisFrancis Dana	1785	1806	John Hancock	Promoted to chief justice.
Dawes, ThomasThomas Dawes	1792	1802	John Hancock	Resigned.
Decourcy, CharlesCharles Decourcy	1911	1924	Eugene Foss	Died in office.
Devens, CharlesCharles Devens	1873	1877	William B. Washburn	Resigned to become United States Attorney General.
Devens, CharlesCharles Devens	1881	1891	John Davis Long	Second appointment; died in office.
Dewey, DanielDaniel Dewey	1814	1815	Caleb Strong	Died in office.
Dolan, ArthurArthur Dolan	1937	1949	Charles F. Hurley
Donahue, CharlesCharles Donahue	1932	1944	Joseph B. Ely
Duffly, Fernande R.V.Fernande R.V. Duffly	2011	2016	Deval Patrick
Endicott, WilliamWilliam Endicott	1873	1882	William B. Washburn	Resigned.
Field, Fred T.Fred T. Field	1929	1938	Frank G. Allen	Promoted to chief justice; resigned in 1947.
Field, Walbridge A.Walbridge A. Field	1881	1890	John Davis Long	Promoted to chief justice.
Fletcher, RichardRichard Fletcher	1848	1853	George N. Briggs	Resigned.
Forbes, CharlesCharles Forbes	1848	1848	George N. Briggs	Resigned.
Foster, DwightDwight Foster	1866	1869	Alexander H. Bullock	Resigned.
Fried, CharlesCharles Fried	1995	1999	William Weld	Resigned.
Gants, Ralph D.Ralph D. Gants	2009	2014	Deval Patrick	Promoted to chief justice (incumbent)
Gardner, WilliamWilliam Gardner	1885	1887	George D. Robinson	Resigned.
Gaziano, FrankFrank Gaziano	2016	incumbent	Charlie Baker
Gray, HoraceHorace Gray	1864	1873	John Albion Andrew	Promoted to chief justice.
Greaney, John M.John M. Greaney	1989	2008	Michael Dukakis	Resigned.
Hammond, JohnJohn Hammond	1898	1914	Roger Wolcott	Resigned.
Hennessey, Edward F.Edward F. Hennessey	1971	1976	Francis W. Sargent	Promoted to chief justice; resigned in 1989.
Hines, GeraldineGeraldine Hines	2014	incumbent	Deval Patrick
Hoar, Ebenezer R.Ebenezer R. Hoar	1859	1869	Nathaniel Prentice Banks	Resigned to become United States Attorney General.
Holmes, Jr., Oliver WendellOliver Wendell Holmes, Jr.	1882	1899	John Davis Long	Promoted to chief justice.
Hubbard, SamuelSamuel Hubbard	1842	1848	John Davis	Died in office.
Ireland, Roderick L.Roderick L. Ireland	1997	2010	William Weld	Promoted to chief justice; resigned in 2014.
Jackson, CharlesCharles Jackson	1813	1823	Caleb Strong	Resigned.
Jenney, CharlesCharles Jenney	1919	1923	Calvin Coolidge	Died in office.
Kaplan, BenjaminBenjamin Kaplan	1972	1981	Francis W. Sargent	Resigned.
Kirk, Sr., Paul G.Paul G. Kirk, Sr.	1960	1971	Foster Furcolo
Knowlton, Marcus PerrinMarcus Perrin Knowlton	1887	1902	Oliver Ames	Promoted to chief justice; resigned in 1911.
Lathrop, JohnJohn Lathrop	1891	1906	William Russell	Resigned.
Lenk, BarbaraBarbara Lenk	2011	incumbent	Deval Patrick
Liacos, Paul J.Paul J. Liacos	1976	1989	Michael Dukakis	Promoted to chief justice.
Lincoln, Jr., LeviLevi Lincoln, Jr.	1824	1825	William Eustis	Resigned to become governor.
Lord, OtisOtis Lord	1875	1882	William Gaston	Resigned.
Loring, WilliamWilliam Loring	1899	1919	Roger Wolcott	Resigned.
Lowy, David A.David A. Lowy	2016	incumbent	Charlie Baker
Lummus, HenryHenry Lummus	1932	1955	Joseph B. Ely
Lynch, Neil L.Neil L. Lynch	1981	2000	Edward J. King
Marshall, Margaret H.Margaret H. Marshall	1996	1999	William Weld	Promoted to chief justice; resigned in 2010.
Merrick, PlinyPliny Merrick	1853	1864	John H. Clifford	Resigned.
Metcalf, TheronTheron Metcalf	1848	1865	George N. Briggs	Resigned.
Morton, MarcusMarcus Morton	1825	1840	Levi Lincoln, Jr.	Resigned to become governor.
Morton, Jr., MarcusMarcus Morton, Jr.	1869	1882	William Claflin	Promoted to chief justice.
Morton, JamesJames Morton	1890	1913	John Q. A. Brackett	Resigned.
Nolan, Joseph R.Joseph R. Nolan	1981	1995	Edward J. King
Paine, Robert TreatRobert Treat Paine	1790	1804	John Hancock	Resigned.
Parker, IsaacIsaac Parker	1806	1814	Caleb Strong	Promoted to chief justice; died in office.
O'Connor, Francis PatrickFrancis Patrick O'Connor	1981	1997	Edward J. King	Resigned.
Pierce, EdwardEdward Pierce	1914	1937	David I. Walsh	Resigned.
Putnam, SamuelSamuel Putnam	1814	1842	Caleb Strong	Resigned.
Qua, Stanley ElroyStanley Elroy Qua	1934	1947	Joseph B. Ely	Promoted to chief justice; resigned 1956.
Quirico, FrancisFrancis Quirico	1969	1981	Francis W. Sargent
Reardon, PaulPaul Reardon	1962	1977	John A. Volpe
Ronan, JamesJames Ronan	1938	1960	Charles F. Hurley
Rugg, ArthurArthur Rugg	1906	1911	Curtis Guild, Jr.	Promoted to chief justice; died in office.
Sanderson, GeorgeGeorge Sanderson	1924	1932	Channing H. Cox	Died in office.
Sedgwick, TheodoreTheodore Sedgwick	1802	1813	Caleb Strong	Died in office.
Sewall, SamuelSamuel Sewall	1800	1814	Caleb Strong	Promoted to chief justice; died shortly afterward.
Sheldon, HenryHenry Sheldon	1905	1915	William Lewis Douglas	Resigned.
Sosman, Martha B.Martha B. Sosman	2000	2007	Paul Cellucci	Died in office.
Soule, Augustus LordAugustus Lord Soule	1877	1881	Alexander H. Rice	Resigned.
Spalding, JohnJohn Spalding	1944	1971	Leverett Saltonstall
Spiegel, JacobJacob Spiegel	1960	1972	Foster Furcolo
Spina, Francis X.Francis X. Spina	1999	2016	Paul Cellucci
Strong, SimeonSimeon Strong	1801	1805	Caleb Strong	Died in office.
Sumner, IncreaseIncrease Sumner	1782	1797	John Hancock	Resigned to become governor.
Tauro, G. JosephG. Joseph Tauro	1970	1976	Francis W. Sargent
Thatcher, GeorgeGeorge Thatcher	1801	1824	Caleb Strong	Resigned.
Thomas, BenjaminBenjamin Thomas	1853	1859	John H. Clifford	Resigned.
Wait, WilliamWilliam Wait	1923	1934	Channing H. Cox	Resigned.
Wells, JohnJohn Wells	1866	1875	Alexander H. Bullock	Died in office.
Whittemore, ArthurArthur Whittemore	1955	1969	Christian Herter
Wilde, SamuelSamuel Wilde	1815	1850	Caleb Strong	Resigned.
Wilkins, Herbert P.Herbert P. Wilkins	1972	1996	Francis W. Sargent	Promoted to chief justice; resigned in 1999.
Wilkins, RaymondRaymond Wilkins	1944	1956	Leverett Saltonstall	Promoted to chief justice; resigned in 1970.
Williams, Harold P.Harold P. Williams	1947	1962	Robert F. Bradford

Notes

1. "Supreme Judicial Court of Massachusetts home page". Retrieved 2013-10-16.
2. Eichholz, Alice (2004). Alice Eichholz, ed. Red Book: American State, County, and Town Sources (3rd Revised ed.). Ancestry Publishing. p. 316. ISBN 978-1593311667.
3. Zobel, Hiller (1970). Boston Massacre, pp. 243–265
4. Zobel, pp. 269–286
5. 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.
6. Levenson, Michael (May 4, 2011). "Lenk approved for SJC; first openly gay justice on state's highest court". Boston Globe. Retrieved May 4, 2011.

References

• Davis, William (1900). History of the Judiciary of Massachusetts
• Massachusetts Civil List for the Colonial and Provincial Periods
• Reno, Conrad. 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
• Memoirs v. Massachusetts
• Simpson's Contemporary Quotations