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FIRST JUSTICE OF THE BRISTOL JUVENILE COURT v. CLERK-MAGISTRATE OF THE BRISTOL JUVENILE COURT.

438 Mass. 387 (2003)

FIRST JUSTICE OF THE BRISTOL DIVISION OF THE JUVENILE COURT DEPARTMENT & another v. CLERK-MAGISTRATE OF THE BRISTOL DIVISION OF THE JUVENILE COURT DEPARTMENT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 2003.

Attorney(s) appearing for the Case

William L. Patton (Martin J. Newhouse & Emily C. Shanahan with him) for the plaintiffs.

Richard S. Weitzel, Assistant Attorney General (Stephanie S. Lovell, Assistant Attorney General, with him) for the defendants.

Carl Valvo, for Association of Magistrates and Assistant Clerks of the Trial Court, amicus curiae, filed a brief.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

We are concerned here with a claim that certain statutes enacted by the Legislature to modify other statutes governing clerk-magistrates (clerks), assistant clerks of court, and probation officers in aspects of their relationship with various administrative Trial Court justices should be declared unconstitutional because they infringe on inherent powers of the judiciary in contravention of art. 30 of the Massachusetts Declaration of Rights. There is a...

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