Remove the Judges
Demonstration Today Outside Supreme Judicial Court Offices
J. Edward Pawlick
Wednesday February 18, 2004

   A group of outraged citizens will express their anger today concerning the "lawlessness" of the Supreme Judicial Court by demonstrating during the noon hour from 12:15-12:45 outside the court's temporary offices at One Beacon St.

   All are invited to join in the beginning of this new effort to remove Margaret Marshall and the other three judges who voted to impose gay marriage upon the state.

   Tomorrow marks the 3-month anniversary of Marshall's Nov. 18 decision which mandated gay marriage after a 3-3 stalemate of the other six judges.

   The group seeks to use Article 98 of the state Constitution which allows the Governor and the Legislature to remove judges "upon the address of both houses of the legislature," and with the consent of the Governor's Council.

   They also cite Article 29 and 30 of the historic Declaration of Rights in the state Constitution, which says that judges shall hold their office "as long as they behave themselves well" and that "the judicial shall never exercise the legislative and executive powers … to the end it may be a government of laws and not of men."

   They quote the words of the three dissenting judges as expressed by Justice Francis X. Spina that, "The power to regulate marriage lies with the Legislature, not with the judiciary. … Today, the court has transformed its role as protector of individual rights into the role of creator of rights."

   The court offices are at the corner of Beacon and Tremont Streets, kitty-corner across from the Parker House. Marshall's office is on the third floor overlooking King's Chapel and Burying Ground.

   The full text of the Constitution which they cite is as follows with emphasis added:

Article 98 - The tenure, that all commissioned officers shall by law have in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behavior , excepting such concerning whom there is different provision made in this Constitution; provided, nevertheless, the governor, with the consent of the council, may remove them upon the address of both houses of the legislature ; and provided, also, that the governor, with the consent of the council, may after due notice and hearing retire them because of advanced age or mental or physical disability; and provided further, that upon attaining seventy years of age said judges shall be retired. Such retirement shall be subject to any provisions made by law as to pensions or allowances payable to such officers upon their voluntary r etirement.

Article 29 - It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well ; and that they should have honorable salaries ascertained and established by standing laws.

Article 30 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.

Article 8 - In order to prevent those, who are vested with authority, from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments.