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Your Government

Massachusetts Government: Judicial Branch

The Judicial Branch hears criminal and civil cases. The Supreme Judicial Court, the highest court, advises the governor and legislature on questions of law.


What do the courts in Massachusetts do?

Massachusetts Trial Courts

Seven departments with different jurisdictions:

  • Superior Courts: sit in a number of places; they are general trial courts, both jury and non-jury, with general responsibility for criminal and civil cases.
  • District Courts: often called "The People's Court." They handle smaller violations of criminal and civil law. There are 69 separate courts and buildings.
  • Boston Municipal Court Department: the district court for Boston. It handles civil and criminal cases. This court acts separately from other district courts.
  • Probate and Family Courts: handle family issues, such as wills, estates, divorces and adoptions. There are 14.
  • Land Courts: handle property matters and boundary disputes.
  • Juvenile Courts: have jurisdiction over juveniles.
  • Housing Courts: deal with tenant/landlord grievances and building rules violations.

Appeals Court is the court to which appeals from the seven courts mentioned above may be sent in the case of possible error. It was founded in this century.

Supreme Judicial Court is the court of last appeal for state cases.   Selects cases to be heard.  Decides whether certain petitions, such as citizens petitions, are legal.

  • Advises the legislature, the governor and the Governor's Council upon request.
  • Oversees the entire court system in Massachusetts including the discipline of judges.
  • Considers constitutional questions, such as whether certain laws or actions are permitted under the state constitution.

Who are the judicial personnel?

Judges preside over cases. They may also determine guilt in cases without a jury. They are appointed by the governor from a list submitted by the judicial Nominating Council and must be confirmed by the Governor's Council. Judges must retire at age 70.

Clerks are the chief administrative officers. They serve under a judge and are elected, or appointed by the governor.

District attorneys are elected investigators and prosecutors. They are legal representatives of the people.

Judicial Conduct Commission is committee receives and investigates complaints about the conduct or disability of judges, and may recommend disciplinary action to the Supreme Judicial Court.

Jury Duty is the responsibility of citizens to serve on juries to decide whether a defendant is guilty or not guilty in a criminal case. Juries also determine the amount of money damages in a civil case. This is an important example of direct democracy. In Massachusetts, adult citizens are called to make themselves available for possible jury duty for one day or one trial. Names are drawn from the street lists by computer.

Jury duty is a responsibility and privilege of citizens so that defendants may be judged by their peers.