Fathers & Families, Inc. v. Chief Justice for Administration & Management of the Trial Court
Fathers & Families, Inc. v. Chief Justice for Administration & Management of the Trial Court
Opinion of the Court
This case involves a challenge to the constitutional
The plaintiffs also filed a motion seeking preliminary injunctive relief, which was denied. The defendants subsequently filed a motion to dismiss. After a hearing, a Superior Court judge allowed this motion on the ground that the complaint failed to state a claim on which relief can be granted. See Mass. R. Civ. R 12 (b) (6), 365 Mass. 754 (1974). The plaintiffs appealed from the dismissal of their complaint.
Discussion. Declaratory relief is governed by G. L. c. 231 A. Section 1 of the statute provides that certain specified courts have the power to “make binding declarations of right, duty, status and other legal relations.” G. L. c. 231 A, § 1 (§ 1). Section 2, which addresses the controversies to which the procedure under § 1 may be applied, provides that “this section shall not apply to the governor and council or the legislative and judicial departments.” G. L. c. 231 A, § 2. The statute thus precludes the present action for declaratory judgment against the judicial
Although the plaintiffs now concede that G. L. c. 231 A, § 2, precludes a declaratory judgment action against the judicial department, they argue that we should nonetheless decide the present appeal on the ground that “some form of relief must be accorded to the [p]laintiffs” with respect to their constitutional claims against the judicial department. The plaintiffs will have an opportunity to raise their constitutional arguments when their cases are heard before the Probate and Family Court (or other trial court), and to pursue appellate remedies if they are dissatisfied with the outcomes of those cases. See, e.g., Blixt v. Blixt, 437 Mass. 649, 651-665 (2002), cert. denied, 537 U.S. 1189 (2003) (addressing constitutionality of G. L. c. 119, § 39D, in action that originated before the Probate and Family Court). They are not deprived of a remedy.
Conclusion. Because declaratory relief pursuant to G. L. c. 231A is barred by the plain language of the statute, and as the plaintiffs will have an opportunity to challenge the new guidelines as applied in their individual cases, we affirm the Superior Court judge’s dismissal of the plaintiffs’ complaint.
Judgment affirmed.
As noted, Fathers and Families, Inc., did not join in this appeal. Any reference to “the plaintiffs” thus includes Fathers and Families, Inc., only in regard to proceedings prior to the appeal.
By order of July 5, 2011, we sought the parties’ views as to whether G. L. c. 231 A, § 2, precludes this action.
We acknowledge the amicus briefs of the Boston Bar Association and of Greater Boston Legal Services, Inc.
In Sullivan v. Chief Justice for Admin, and Mgt. of the Trial Court, 448 Mass. 15, 27 (2006) (Sullivan), we allowed an action for declaratory judgment regarding the negligent management of court property to proceed against the CJAM. We held:
“Although the plain language of G. L. c. 231 A, § 2, suggests a prohibition on any action for declaratory relief against the CJAM, the history of the management of court facilities and the abrogation of sovereign immunity in the maintenance of public property suggests that such a blanket prohibition was not intended by the Legislature.”
Id. at 24. The limited exception in Sullivan was grounded largely on historical factors specific to court maintenance in the Commonwealth and on related statutory waivers of sovereign immunity in the maintenance of public property. The holding in Sullivan does not support an exception in the present case.
Reference
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- Fathers and Families, Inc., & others v. Chief Justice for Administration and Management of the Trial Court & others
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- 3 cases
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- Published