Highest Court
Supreme Judicial Court
The Supreme Judicial Court consists
of 5 judges. It has jurisdiction over (1) Mandatory Jurisdiction in civil,
criminal, judge disciplinary, advisory opinion, and original proceeding
cases. (2) Discretionary jurisdiction in civil, criminal, administrative
agency, juvenile, and interlocutory decision cases.
Intermediate Courts
Appeals Court
The Appeals Court consists of 14
judges. It has jurisdiction over (1) mandatory jurisdiction in civil, criminal,
administrative agency, juvenile, and interlocutory decision cases.
General Courts
Superior Court
The Superior Court consists of 80
judges. It has jurisdiction over (1) tort, contract, real property rights,
civl appeals, miscellaneous civil. (2) Felony, and miscellaneous criminal.
Jury trials are overseen by this court.
District Court
The District Court consists of 172
judges. It has jurisdiction over (1) tort, contract, real property rights
($0/no maximum), small claims ($2,000), support/custody, paternity, domestic
violence, mental health, civil trial court appeals, and miscellaneous civil.
(2) Felony, misdemeanor, SWI/DUI, and criminal appeals. (3) Traffic/other
violation. (4) Juvenile. (5) Preliminary hearings.
No jury trials are overseen by this court.
Boston Municipal Court
The Boston Municipal Court consists
of 11 judges. It has jurisdiction over (1) tort, contract, real property
rights ($0/no maximum), small claims ($1,500), support/custody, paternity,
domestic violence, mental health, civil trial court appeals, and miscellaneous
civil.(2) felony, misdemeanor, SWI/DUI, and criminal appeals. (3) traffic/other
violations.
No jury trials are overseen by this court.
Limited Courts
Juvenile Court
The Juvenile Court consists of 39
judges. It has jurisdiction over juvenile.
No jury trials are overseen by this court.
Housing Court
The Housing Court consists of 9
judges. It has jurisdiction over (1) real property rights and small
claims ($1,500) (2) Misdemeanor. (3) preliminary hearings.
No jury trials are overseen by this court.
Land Court
The Land Court consists of 4 judges.
It has jurisdiction over real property rights.
No jury trials are overseen by this court.
Probate and Family Court
The Probate and Family Court consists
of 49 judges. It has jurisdiction over support/custody, paternity, domestic
violence, and miscellaneous civil. Exclusive marriage dissolution, adoption,
and estate jurisdiction.
No jury trials are overseen by this court.
Additional Information
Conferences of judges
The Supreme Judicial Court Justices
may order the holding of a conferences of the judges of the various court
and invited members of the bar to consider matters relating to judicial
business, the improvement of the judicial system, and the administration
of justice.
(Mass. General Laws Chapter
211: Section 3B)
Questions of law; hearing by
full court
The full court shall be hear and
determine questions of law arising form exceptions, report, or appeal.
(Mass. General Laws Chapter
211: Section 5)
Judgment or rescript after decision
After answering submitted questions,
the full court may: (1) make and enter a proper order,
direction, or judgment for the further disposition of the case, (2)
cause a rescript to be filed therein, (3) remand the record to the
trial court to carry the judgment into effect, (4)order a new trial or
further proceedings of the bar of the supreme judicial court, or (5)order
sentence to be awarded or executed in the said court. (Mass. General
Laws Chapter 211: Section 8)
Leave of absence for study, research,
etc.; restrictions
The Chief Justice of the Supreme
Judicial Court may grant a leave of absence for study, research, teaching,
or other appropriate reason to a Justice of the Supreme Judicial Court.
The Chief Justice, in consultation with the other justices, shall establish
the standards and procedures for such leaves. The leave is limited
to one year, in which the justice will not receive pay, but the absence
shall be counted toward retirement. The justice may not take this
leave until their seventh year as a justice and only one year for every
seven years served afterward. The justice is unable to take the said leave
within a year of retirement. Also, the justice shall be considered
an active employee concerning life insurance and health plans and will
still be under the statutory requirements and rules of court pertaining
to justice. (Mass. General Laws Chapter 211: Section 28)
Special jury sittings for criminal
business
A special jury may be ordered by
the chief justice for criminal business. A written order to the sheriff
shall outline the time and location it is the be held. No person
under recognizance to answer to an indictment or criminal complaint shall
appear at the special jury, unless duly notified by written summons from
the clerk. (Mass. General Laws Chapter 212: Section 21)
Change of venue
If before the final judgment or
decree in a proceeding pending in a probate court, it is discovered that
the proceeding began in the wrong county, the court may move the proceeding
to the correct county and all prior proceedings shall still be valid. (Mass.
General Laws Chapter 215: Section 8A)
Qualifications; exemptions
A juror is a person of either sex
that is qualified to vote for a representative to the general court, whether
registered to vote or not, except in the following cases or situations:
the person is a governor; lieutenant governor; members of the council;
state secretary; members and officers of the senate and house of representatives
during a session of the general court; judges and justices of a court;
county commissioners; clerks of courts and assistant clerks and all regularly
appointed officers of the courts of the United States and of the commonwealth;
registers of probate and insolvency; registers of deeds; sheriffs and their
deputies; constables; marshals of the United States and their deputies,
and all other officers of the United States; attorneys at law; settled
ministers of the gospel; officers of colleges; preceptors and teachers
of incorporated academies; registered practicing physicians and surgeons;
superintendents, officers and assistants employed in or about a state hospital,
psychiatric hospital, jail, house of correction, state industrial school
or state prison; teachers in public schools; enginemen and members of the
fire department of Boston, and of other cities and towns in which such
exemption has been made by vote of the city council or the inhabitants
of the town; Christian Science practitioners and readers, respectively;
trained nurses; assistants in hospitals; attendant nurses; members of religious
orders.
Also, a parent or person that is
responsible for the daily supervision of a child less than 15 years of
age may have their name omitted from the list. A person 70 or over
may also choose not to be on the list of jurors. (Mass. General Laws
Chapter 234: Section 1)
