THE LEGISLATIVE DEPARTMENT OF BOYS STATE
The legislative department of Massachusetts Boys’ State is patterned after the organization of the General Court of the Commonwealth.
The General Court will consist of two branches, the Senate and the House of Representatives. Two senators and three representatives will be chosen on a partisan basis from among the citizens of each city and town.
After the oath of office has been administered, the duly elected members will assemble in their respective places of assembly. They will be called to order, and advised by the counselors assigned to them.
Both branches will elect a presiding officer. The presiding officer of the House is known as the Speaker, and that of the Senate, the President. Next each branch will elect a Clerk, a Sergeant-at-Arms, and Chaplain. The Speaker and President can appoint as many committees as they choose.
As Boys’ State is a simplification of the actual legislative process which occurs at our State Legislature, each house will act on sample legislation provided at Boys State. In addition to this sample legislation, any Legislator, as well as the Governor, may file a bill or any other matter for consideration with the clerk of the proper branch. The clerk will then place each of these items on the calendar, which is officially known as the Orders of the Day. Thus, there will be two Orders of the Day, one for the Senate, and one for the House. During the Legislative sessions of each branch, these items will be open for debate by all members of the respective chamber. A bill’s passing into law follows essentially the same procedure at Boys’ State as at the Massachusetts Legislature. Under parliamentary procedure, each item of legislation may be subject to a number of motions. Approval of a measure requires a simple majority vote, and following approval in the House, it is sent immediately to the Senate for consideration, where it follows the aforementioned procedure. If the bill is defeated in either house, no further action is possible, nor can any measure embodying substantially the same material be presented during the remainder of the session. Upon Senate approval, the bill is then subject to either ratification or veto by the Governor. If the Governor signs the bill, it becomes law. However, if the Governor vetoes the bill, both houses must vote to override by a two-thirds majority, for the bill to pass into law.
It is recommended that students interested in running for a seat in the Boys State Legislature bring with them a proposed bill, either one drafted by the student or a bill currently pending before the Massachusetts Legislature. This will help to ensure that substantive bills will be debated and discussed resulting in an effective Boys State Legislature.
Bills generated by students should tackle current events and problems which need legislative action. To find bills currently before the Massachusetts Legislature please visit the website www.mass.gov/legis. From there you may research bills before both the House and the Senate.
Download Sample Boys State Legislative Bill
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.