THE JUDICIAL BRANCH OF BOYS STATE

The Massachusetts Boys State judicial branch is modeled after the state court system for the Commonwealth of Massachusetts.  The judiciary consists of a trial court, as well as a Supreme Judicial Court presiding over appeals.

A “bar exam” is administered at the beginning of the Boys State law class, and citizens attaining a passing score are admitted to practice before the courts of Massachusetts Boys State.

Judges for the trial court and the Supreme Judicial Court are appointed by the then-sitting Governor of Boys State or, in his absence, the next highest ranking Constitutional officer.  Appointments are made based on primarily on aptitude reflected in bar exam scoring, but may include such other criteria as the Governor may deem appropriate.

The Boys State trial court consists of two “sessions” – a First Session Court, which presides over arraignments certain civil matters, and a Second Session Court, which hears criminal and civil jury trial.  Misdemeanor criminal matters include violations of the General Rules of Massachusetts Boys State as well as violations of laws established by prior Boys State legislative sessions.  The court system is an educational tool only, and has no role in more serious conduct violations, which are handled exclusively by the Chairman of Boys State and his sole discretion.

During the misdemeanor criminal session, assistant district attorneys will prosecute matters in the same manner which criminal matters are prosecuted in the District Court Department of the Massachusetts Trial Court.   Each offender will be offered public counsel to represent him before the court.  Recidivism and default from court appearances are treated much more seriously under the Boys State Criminal Code.

Civil cases generally derive from conflicts in municipal business and the scenarios with which each municipality must contend.  However, the court’s civil jurisdiction is fairly broad and will consider each matter on a case-by-case basis.  Litigants will be required to effectuate proper service of court documents and to be professional in their advocacy before the trial and appellate courts.

Trial court sessions will be held during mini-course hours, and those admitted to practice before the Massachusetts Boys State courts will receive training on the law and the mechanics of the court system during the Law Class elective course.  Counselors who are, themselves, attorneys will provide Boys State attorneys with instruction for practice before the trial and appellate courts of Boys State.

The Supreme Judicial Court of Boys State consists of seven justices.  When an appeal is properly filed, the Court will convene to “grant certiorari” and hear the appeal of a matter from the trial court.  If the court presides over an appeal and issues a decision, that decision then becomes precedent for future matters before the trial court or SJC.

Boys State Citizens who would like to serve as attorneys or judges are not precluded from holding other elected or appointed office.