04/21/23 ©Robert LeRoux Hernandez, 2008 1

Hispanics and the Law in Massachusetts

Seminar 2: The Massachusetts Legal System

January 24, 2008

College of the Holy Cross

04/21/23 ©Robert LeRoux Hernandez, 2008 2

Class 2-The Law: Exploding Myths

#1: Separation of powers– You were taught:

• The Legislature passes laws• The Executive executes laws• The Judiciary interprets the laws.

– In fact: All three branches make the laws

04/21/23 ©Robert LeRoux Hernandez, 2008 3

• Stare decisis• Sovereignty • General Court • Bill • Committee Report• Engrossing• Act• Veto

• Pocket Veto • Statute • Session law • Codification• General Laws• Regulation• Massachusetts

Register

KEY TERMS

04/21/23 ©Robert LeRoux Hernandez, 2008 4

The federal system

04/21/23 ©Robert LeRoux Hernandez, 2008 5

a. The United States Constitution establishes a federal system, with

federal and state sovereignties.

04/21/23 ©Robert LeRoux Hernandez, 2008 6

b. Both sovereignties--the United States and the Commonwealth of Massachusetts--have three branches of government

• The Executive

• The Legislative

• The Judicial

04/21/23 ©Robert LeRoux Hernandez, 2008 7

The Executive• Includes President for

federal government, Governor for the Commonwealth and all the agencies they control or administer

04/21/23 ©Robert LeRoux Hernandez, 2008 8

The Legislative• Both Congress and the General

Court of the Commonwealth of Massachusetts are bi-cameral, that is, has two chambers or houses, the Senate and the House of Representatives

04/21/23 ©Robert LeRoux Hernandez, 2008 9

The Judiciary

• Two sets of supreme courts and lower courts

• Each has a trial court system in Massachusetts

• Each has a route of appeal to the U.S. Supreme Court

04/21/23 ©Robert LeRoux Hernandez, 2008 10

c. Each branch of each government “makes

law”• Legislative Branch: statutes

• Executive Branch: administrative regulations, rules and orders

• Judicial Branch: case law

04/21/23 ©Robert LeRoux Hernandez, 2008 11

d. The Federal Constitution is the “Supreme Law of

the Land”

04/21/23 ©Robert LeRoux Hernandez, 2008 12

e. The U.S. Supreme Court is

the final interpreter of the constitutionality

of laws

04/21/23 ©Robert LeRoux Hernandez, 2008 13

f. Each State has U.S. District Courts with

jurisdiction over issues of federal law and when the parties

are from different states (diversity)

04/21/23 ©Robert LeRoux Hernandez, 2008 14

The Judicial System

• Distinct sovereignties with separate powers and system of laws:–Federal government: Federal Court

–Massachusetts Government: Courts of the Commonwealth

04/21/23 ©Robert LeRoux Hernandez, 2008 15

Court Hierarchies in Massachusetts

MassachusettsTrial Court

Appeals Court

Massachusetts SJCType Title Here

Western Division(Springfield)

Central Division(Worcester)

Eastern Division(Boston)

U.S. District Court for the District of Massachusetts(Boston)

First U.S. Circuit Court of Appeals(Boston)

Other Courtse.g., Military Court, Tax Court

United States Supreme Court

04/21/23 ©Robert LeRoux Hernandez, 2008 16

4. Sources of law in

Massachusetts

04/21/23 ©Robert LeRoux Hernandez, 2008 17

By the sword we seek peace, but peace only under liberty

04/21/23 ©Robert LeRoux Hernandez, 2008 18

All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.

--Constitution of the Commonwealth of Massachusetts

Amendment CVI

04/21/23 ©Robert LeRoux Hernandez, 2008 19

Sources of Massachusetts Law

Introduction

The General Court passes statutes.

Courts decide case law.

Executive agencies promulgate regulations.

04/21/23 ©Robert LeRoux Hernandez, 2008 20

• Stare decisis: authority of legal precedent

• Source of precedent determines its weight in any specific jurisdiction

• Weber: roots in “Kadi Justice”

Common Law

04/21/23 ©Robert LeRoux Hernandez, 2008 21

5. The Massachusetts Court System

04/21/23 ©Robert LeRoux Hernandez, 2008 22

24 xxx

04/21/23 ©Robert LeRoux Hernandez, 2008 23

Supreme Judicial Court

• Created by Massachusetts Constitution• Oldest court in continuous existence in

Western Hemisphere• 1 Chief Justice and 6 Associate Justices• Final interpreter of the laws of Massachusetts• United States Supreme Court has authority

on constitutionality under US Constitution• Hispanic Judges: 0

04/21/23 ©Robert LeRoux Hernandez, 2008 24

Appeals Court

• Created by Statute

• One chief justice and 24 associate justices

• First and usually last stop for appeals from trial court

• Hispanic Judges: 0

04/21/23 ©Robert LeRoux Hernandez, 2008 25

Trial Court

• 329 Justices• 7 Departments

– Superior Court– Probate and Family Court– Land Court– District Court– Housing Court– Juvenile Court– Boston Municipal Court

04/21/23 ©Robert LeRoux Hernandez, 2008 26

Superior Court

• 1 Chief Justice• 81 Associate Justices• 12 Divisions by County• Criminal and Civil Sessions• 12 Person juries• More serious crimes (felonies) and cases

involving more than $25,000• Hispanic Judges: 2

04/21/23 ©Robert LeRoux Hernandez, 2008 27

District Court

• One Chief Justice• 157 Associate Justices• 62 Divisions• 6 person juries• Criminal and civil jurisdiction• Small claims (up to $2000) • No upper limits on civil claims• Hispanic Judges: 3

04/21/23 ©Robert LeRoux Hernandez, 2008 28

Probate and Family Court

• One Chief Justice• 50 Associate Justices• 14 Divisions by County• Wills and trusts• Divorces, support, custody• Some overlap of jurisdiction with Superior

Court• Hispanic Judges: 1

04/21/23 ©Robert LeRoux Hernandez, 2008 29

Juvenile Court

• One Chief Justice• 40 Associate Justices• 11 Divisions• Part of historic juvenile justice

movement in U.S.• Hispanic Judges: 2

04/21/23 ©Robert LeRoux Hernandez, 2008 30

Housing Court

• One Chief Justice• 9 Associate Justices• 5 Divisions• Some overlap with Superior and District

Courts• All Housing Matters• Juries• Hispanic judges: 0

04/21/23 ©Robert LeRoux Hernandez, 2008 31

Land Court

• 1 Chief Justice

• 5 Associate Judges

• All issues involving land

• Zoning & Planning

• Some overlap with Superior Court

• No juries

• Hispanic judges: 0

04/21/23 ©Robert LeRoux Hernandez, 2008 32

Massachusetts courts/for pp/Mass_Court_Structu re.pdf

04/21/23 ©Robert LeRoux Hernandez, 2008 33

6. The Legislative

Process

Back to Contents

04/21/23 ©Robert LeRoux Hernandez, 2008 34

The Legislative Process

• Introduction of a bill (proposed legislation)

• Passed by both houses of the General Court

• Signed by governor or governor’s veto is overridden

• Becomes a “session law” or “public law”

• Incorporated into statutory code

The Legislative Process

04/21/23 ©Robert LeRoux Hernandez, 2008 35

A Bill Is Introduced• Introduced by a sponsor(s) in one or

both houses of the General Court.• Assigned number (H. or S.)

• Usually follows the proposed legislation through hearings, amendments, committees, etc., until enactment or the end of the current legislative period.

• Committee hearings• amendments to the bill• If passes, usually with report to the floor• If loses, dies in committee

The Legislative Process

04/21/23 ©Robert LeRoux Hernandez, 2008 36

04/21/23 ©Robert LeRoux Hernandez, 2008 37

04/21/23 ©Robert LeRoux Hernandez, 2008 38

A Bill Becomes Law

• After passes one house, on to other.• Either:

• Pass the bill to the Governor in identical form.

• Propose a variation and negotiate compromise with other house.

• When both houses pass the bill in identical form, to the Governor for a signature or veto.

The Legislative Process

04/21/23 ©Robert LeRoux Hernandez, 2008 39

A Bill Becomes Law

• If signed (or not vetoed within 10 days), becomes a “session law” or “public law.”

• Pocket veto may be possible

• If governor vetoes, the veto may be over ridden by two-thirds majority in both houses.

The Legislative Process

04/21/23 ©Robert LeRoux Hernandez, 2008 40

Bill PassesLegislature

GovernorSigns Bill

Session Law Codification into

Massachusetts General Laws

Summary of the Legislative Process

Codification occurs when the language of the session law changes the statutory code in some way.

04/21/23 ©Robert LeRoux Hernandez, 2008 41

Hypothetical Bill1. House Bill XXX would require English to spoken in

all Massachusetts workplaces.

2. This bill will improve the Commonwealth.

3. This law will encourage employers to provide ESL courses to non-English speaking employees.

4. Employers have accommodated non-English speaking employees this way in the past. See Bill Pliat,English on the Job: Balancing Business Needs and Employee Rights, University of New Mexico Press (1993), p. 13.

5. I encourage you to vote in favor of this bill.

04/21/23 ©Robert LeRoux Hernandez, 2008 42

A Look at the Courts

• Supreme Judicial Court• Appeals Court• No Hispanic SJC or Appeals Court

Judges– Is anything lacking?

• 1 Ms. Greene: “Diversity of experience”• 2 Ms. Pascual: Judges who look and

sound like the people they serve (“legitimization”)

04/21/23 ©Robert LeRoux Hernandez, 2008 43

Should there be “Hispanic” judges?• Mr. Lopez: Clarence Thomas as

the “black judge”–Alberto Gonzalez?

• Mr. Nwachukwu:–The law is the law

–A judge for every minority group?

04/21/23 ©Robert LeRoux Hernandez, 2008 44

A “values” gap?

• Between courts and the community?

• Are there distinctly “Hispanic,” “Latino” or “Latina” values?–Ms. Almanzar: Latina Magazine

• What about other groups?

04/21/23 ©Robert LeRoux Hernandez, 2008 45

Keep an eye on courts and the community

• What does each court do?

• How important is recognition of ethnicity to the discharge of its role?

• How does each court affect and is each court affected by “Hispanics”

04/21/23 ©Robert LeRoux Hernandez, 2008 46

How are courts different?

• Is issue of ethnic diversity different than in legislative or executive context?

• More than just numbers?–Values–Long-term: Life-long

appointments