SJC

Court to Governor's Council: Don't pester us with idle, hypothetical questions

The Supreme Judicial Court today refused to answer a question from the Governor's Council on whether the council could order people before it for judicial nominations to tell the truth.

In an "answer" to the council, an obscure elected board that dates to colonial days that gets to grill prospective judges, the state's highest court said the council failed to prove the issue had actually come up, that the five members who signed the question failed to show they had consulted the three other members about asking the court about the matter and that the council really should get to know Attorney General Martha Coakley, whose office is full of lawyers versed in constitutional issues.

The court said the separation of powers enumerated in the state constitution requires justices to tread very lightly on issues of how the executive branch of government runs its affairs and to consider such affairs only on serious matters arising from "solemn" instances:

Them's fightin' words, and them's not protected under the First Amendment, court rules

The Supreme Judicial Court today upheld a state law that lets somebody take out a "harassment order" against a person who utters "fighting words" or "true threats."

A law passed in 2010 extended some of the protections accorded victims of domestic abuse to people feeling abused by people not in their immediate family, if they could show three examples of harassment.

One of its first applications came not long after in Northampton, where a police officer got one of the new orders against a long-standing acquaintance who seemed to have a grudge against him; the man appealed, saying he had a First Amendment right to flip the officer off and to blare his horn outside the cop's house.

Court: Judges have the right to reduce plea-bargained sentences in certain circumstances

The Supreme Judicial Court today upheld rulings from lower-court judges that gave two defendants less severe sentences than they had themselves agreed to.

In a 2010 case in Brighton District Court, Judge David Weingarten reduced Marcos Rodriguez's 2 1/2-year sentence for drug possession with intent to distribute to 1 year after he realized Rodriguez had agreed to plead guilty to possession of one type of drug when he was actually guilty of possession of another type of drug that carried less severe potential penalties.

Court: State can't cut legal immigrants off from state health insurance just to save money

The Supreme Judicial Court today overturned a law that prohibits certain legal immigrants from obtaining subsidized insurance from the state's Commonwealth Care program.

The court said saving money was the main rationale behind a law passed by the legislature and signed by Gov. Patrick limiting the number of immigrants who could sign up for Commonwealth Care - and saving money is not a good enough reason under the state constitution for "invidious discrimination against aliens."

Court: Lenders can't sell off property they don't have proper title to

For the second time this year, the Supreme Judicial Court has ruled against a bank that tried to sell off property it did not yet own the title to.

The state's highest court said that U.S. Bank improperly deeded a house to a buyer when it had not yet properly foreclosed on the previous owner. The ruling is yet another strike against lenders seeking shortcuts to dispose of property in Massachusetts - but also a potential issue for people who bought foreclosed property in recent years.

Court: Being related to mobsters not good enough reason to be given a pass on testifying in fraud case

The Supreme Judicial Court today rejected a plea from two women who pleaded guilty to their role in an auto-repair scheme that they not be forced to testify against the two men allegedly at the center of the case.

Court sticks to its guns, once again upholds state firearm licensing laws

The Supreme Judicial Court ruled today nothing the Supreme Court has said invalidates the state's requirements for gun permits, so people can't just go out and buy guns willy-nilly.

Court: Forcing securities companies to register with the state not a violation of the First Amendment

The Supreme Judicial Court today upheld a fine levied against a New Jersey company that e-mailed a prospectus to a Massachusetts resident even though it hadn't registered with the Secretary of State's office.

Bulldog Investors argued this violated its First Amendment right to free speech.

Court upholds fees for appealing traffic tickets

The Supreme Judicial Court ruled today there is nothing unconstitutional about requiring people to pay a fee to appeal a traffic ticket.

Ralph Sullivan, who wanted to get back the $75 in fees he spent successfully appealing a traffic ticket from Salem, argued the fees violate the Constitution's right to equal protection because people appealing tickets for smoking or carrying marijuana are not levied fees.

But the state's highest court ruled that traffic appeals are not the same as smoking or pot appeals, so that principle does not apply. People contesting traffic tickets can subpoena witnesses, ask for a hearing before a judge or clerk-magistrate and can appeal their verdicts to another judge, while people appealing other types of tickets can do none of that, the court said.

Court: Guy may be a disgusting perv, but that doesn't mean he's dangerous

The Supreme Judicial Court ruled today authorities can't keep a serial North Shore exhibitionist locked up past the end of his sentence because there's no proof his behaviors trend toward the "sexually dangerous."