III. THE COURTS AND THE STATE CONSTITUTION

The importance of the judiciary in preserving the rights of every individual is set forth in our State Constitution’s Bill of Rights. Part I, Article 35 provides for an impartial interpretation of the laws with citizens to be tried by judges as impartial “as the lot of humanity will admit.” For that reason the judges of the “Supreme Judicial Court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution.” This provision, along with Part I, Article 37 requiring separation of powers are the core underlying an independent judiciary appointed by the Governor and Council.

The judiciary power is in the Constitution in the form of government section (Part II) and that segment of the Constitution is only 10 articles. The Supreme and Superior Courts are constituted as constitutional courts in Part II, Article 72-a. Article 73 says that the Governor and Council may remove a commissioned officer, such as a judge only upon reasonable cause if both houses of the legislature have so voted.

The provision for the chief justice being the administrative head of all courts is set forth in Article 73-a. This 1978 provision also provides that rules adopted by the Chief and the majority of the Supreme Court justices “shall have the force and effect of law.” Article 74 provides that each branch of the legislature, as well as the Governor and Council, have authority to require opinions of the justices on questions of law. This has been construed to limit opinions to pending bills and not laws that have already been enacted.

Article 78 limits judicial office holders to age 70 and Article 79 provides that no judge may act as attorney or counsel in any matter that would become before them as a judge. Part II, Article 93 provides that no judge of the Supreme Judicial Court shall hold any office other than a Justice of the Peace or receive any pension or salary from any other state government or power. There are also provisions for multiple office holding incompatibility set forth in Articles 94 and 95.