Government of Massachusetts
The judiciary of Massachusetts is the branch of the government that interprets and applies the law of Massachusetts, ensures equal justice under law, and provides a mechanism for dispute resolution. The Massachusetts court system consists of the Supreme Judicial Court, the Appeals Court, and the seven Trial Court departments:The judicial power in Massachusetts is reposed in the Supreme Judicial Court, which superintends the entire system of courts. In addition to appellate functions, the Supreme Judicial Court is responsible for the general superintendence of the judiciary and of the bar, makes or approves rules for the operations of all the courts, and in certain instances, provides advisory opinions, upon request, to the Governor and Legislature on various legal issues. The Supreme Judicial Court also oversees several affiliated agencies of the judicial branch, including the Board of Bar Overseers, the Board of Bar Examiners, the Clients' Security Board, the Massachusetts Mental Health Legal Advisors Committee, and Massachusetts Correctional Legal Services.
Separation of powers under the United States Constitution
Many legislators hold the view that separation of powers means that powers are shared among different branches; no one branch may act unilaterally on issues (other than perhaps minor questions), but must obtain some form of agreement across branches. That is, it is argued that "checks and balances" apply to the Judicial branch as well as to the other branches—for example, in the regulation of attorneys and judges, and the establishment by Congress of rules for the conduct of federal courts, and by state legislatures for state courts. Although in practice these matters are delegated to the Supreme Court, the Congress holds these powers and delegates them to the Supreme Court only for convenience in light of the Supreme Court's expertise, but can withdraw that delegation at any time.