Mazzone v. Attorney General

432 Mass. 515
CourtMassachusetts Supreme Judicial Court
DecidedOctober 2, 2000
StatusPublished
Cited by30 cases

This text of 432 Mass. 515 (Mazzone v. Attorney General) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mazzone v. Attorney General, 432 Mass. 515 (Mass. 2000).

Opinion

Spina, J.

The plaintiffs3 filed a complaint in the Supreme Judicial Court for Suffolk County seeking relief in the nature of certiorari and mandamus against the Attorney General and the Secretary of the Commonwealth (Secretary). The plaintiffs challenge the Attorney General’s certification, pursuant to art. 48, The Initiative, Part II, § 3, of the Amendments to the Massachusetts Constitution, as amended by art. 74 of the Amendments, of Initiative Petition 99-10, “An Act to expand the scope of the commonwealth’s drug treatment program and provide funding through fines for drug violations and the forfeiture of assets used in connection with drug offenses.” The plaintiffs also seek to enjoin the Secretary from placing the measure on the ballot in the November, 2000, election.

The Attorney General certified that the petition is in the proper form, and that it includes only subjects that are related or mutually dependent and that are not excluded by art. 48 from the initiative process. He also prepared a written summary of the petition, all as required by art. 48, The Initiative, Part II, § 3, and forwarded both his certification and summary to the Secretary. As of the first Wednesday of May, 2000, the General Court had neither enacted the measure nor proposed substitute legislation. Art. 48, The Initiative, Part V, § 1, as amended by art. 81, § 2, of the Amendments. Art. 48, The Initiative, Part HI, § 2. See Opinion of the Justices, 370 Mass. 869, 871-872 (1976). In July, 2000, a single justice of this court reserved and reported the case to the full court on the basis of the complaint, a stipulation in lieu of answer, and a statement of agreed facts.

As a finding for the plaintiffs on any one of their challenges would bar the measure’s appearance on the ballot, we address the seven specific issues they raise.4 Cf. Cohen v. Attorney Gen., 357 Mass. 564, 566 (1970).

[518]*518Petition 99-10. We summarize only the most salient features of the proposed law. Petition 99-10 would establish a drug treatment trust fund under a new section of G. L. c. 10 to be used by the Commissioner of Public Health for drug rehabilitation purposes under G. L. c. 11 IE, § 10. Chapter 11 IE currently permits “drug dependent” individuals charged with certain drug offenses under G. L. c. 94C to request diversion into treatment in lieu of prosecution. The measure would amend the definition of the term “drug dependent person” appearing in G. L. c. 11 IE, § 1, to include individuals “at risk of becoming drug dependent,” thereby expanding the class of individuals permitted to make such a request. General Laws c. 111E, § 10, would also be amended to permit first or second offenders of certain drug distribution, manufacture, and trafficking laws to seek diversion [519]*519into treatment, whereas current law expressly prevents them from doing so.

Petition 99-10 proposes to fund the expanded drug treatment programs with monies that would otherwise be deposited in special law enforcement funds under G. L. c. 94C, § 47 (d). Section 47 governs the forfeiture of monies and assets used in or obtained in the commission of drug offenses. The measure would tighten the standards under which real property could be forfeited so that only that property used in a manner “not merely incidental to the commission or the facilitation of the commission of a violation” of selected sections of c. 94C would be subject to forfeiture (emphasis added). It would also divert into the trust fund monies and assets forfeited under the Federal drug laws that are currently used for other purposes, and would heighten the standard of proof the Commonwealth would have to meet in a forfeiture proceeding.

1. “Powers of courts” exclusion. The plaintiffs argue that the petition violates art. 48 because it would change the power of the courts by conferring discretion to divert from prosecution those charged with drug manufacture, distribution, and trafficking offenses, and the power to dismiss such cases over the Commonwealth’s objection.

The popular initiative reserves to the people a limited power to enact laws directly. Expressly excluded from the initiative petition process is any “measure that relates to . . . the powers ... of courts.” Art. 48, The Initiative, Part n, § 2. The same exclusion appears in The Referendum section of the Constitution. Art. 48, The Referendum, Part HI, § 2. We have treated these exclusions similarly. See Massachusetts Teachers Ass’n v. Secretary of the Commonwealth, 384 Mass. 209, 225 (1981); Commonwealth v. Yee, 361 Mass. 533, 537 (1972). The constitutional convention that debated art. 48 understood the term “powers” of courts to mean something more than the jurisdiction of the courts. See 2 Debates in the Massachusetts Constitutional Convention 1917-1918, 991 (1918). One delegate noted that “[pjowers relates to the ability or the right to do anything.”5 Id. (remarks of Mr. Cummings). We have rejected an overly rigid interpretation of the phrase because the popular [520]*520initiative would be reduced to a near nullity if it “could not make any change in any law that was enforceable in the courts.” Massachusetts Teachers Ass’n v. Secretary of the Commonwealth, supra at 226. We have construed the “powers of courts” exclusion as prohibiting petitions whose main purpose is to affect the powers of courts. A petition whose main purpose is otherwise, though it may affect the work of the courts, is permissible. See Commonwealth v. Yee, supra at 537-538 (referendum whose main thrust was addition and repeal of certain criminal statutes indirectly related to powers of courts, but because it was not intended expressly to confer or restrict their jurisdiction, it was not excluded matter for purposes of referendum under art. 48); Horton v. Attorney Gen., 269 Mass. 503, 511 (1929) (initiative petition creating automobile insurance fund that repealed both a one-year statute of limitations and an express requirement for judicial review of automobile security rates would likely result in increase or diminution in work of courts, but such change was held to be incidental and subsidiary to “main design” of petition, i.e., providing better mechanism for compensating victims of automobile accidents — and thus not excluded). Contrast Commonwealth v. Sacco, 255 Mass. 369, 410-411 (1926) (law empowering Superior Court to grant new trials at any time before sentencing was law relating to powers of courts).

Before a measure may be submitted to the people, the Attorney General must certify that the petition contains subjects that are not excluded under art. 48, The Initiative, Part II, § 3. Our review of that certification is de novo. See Yankee Atomic Elec. Co. v. Secretary of the Commonwealth, 403 Mass. 203, 207 (1988). We must conduct more than a facial inquiry into the involvement of excluded subjects and determine whether the factual impact of the legislation proposed by the petition will involve an excluded subject. See Yankee Atomic Elec. Co. v. Secretary of the Commonwealth, 402 Mass. 750, 757-760 (1988). As noted above, legislation that has as its main purpose [521]*521something other than to affect the “powers of courts” will not be excluded under art. 48 simply “because, in an incidental and subsidiary way, the work of the courts may be increased or diminished or changed.” Horton v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

El Koussa v. Attorney General
Massachusetts Supreme Judicial Court, 2024
Craney v. Attorney General
Massachusetts Supreme Judicial Court, 2024
Anderson v. Attorney General
99 N.E.3d 309 (Massachusetts Supreme Judicial Court, 2018)
Oberlies v. Attorney General
99 N.E.3d 763 (Massachusetts Supreme Judicial Court, 2018)
Verizon New England, Inc. v. Board of Assessors of Boston
62 N.E.3d 46 (Massachusetts Supreme Judicial Court, 2016)
Hensley v. Attorney General Allen v. Attorney General
474 Mass. 651 (Massachusetts Supreme Judicial Court, 2016)
Dunn v. Attorney General
54 N.E.3d 1 (Massachusetts Supreme Judicial Court, 2016)
Gray v. Attorney General
52 N.E.3d 1065 (Massachusetts Supreme Judicial Court, 2016)
Commonwealth v. Nsubuga
88 Mass. App. Ct. 788 (Massachusetts Appeals Court, 2015)
Abdow v. Attorney General
468 Mass. 478 (Massachusetts Supreme Judicial Court, 2014)
Commonwealth v. Palmer
985 N.E.2d 832 (Massachusetts Supreme Judicial Court, 2013)
Regis College v. Town of Weston
968 N.E.2d 347 (Massachusetts Supreme Judicial Court, 2012)
Strauss v. Horton
46 Cal. 4th 364 (California Supreme Court, 2009)
Committee for Health Care for Massachusetts v. Secretary of the Commonwealth
450 Mass. 775 (Massachusetts Supreme Judicial Court, 2008)
Carney v. Attorney General
447 Mass. 218 (Massachusetts Supreme Judicial Court, 2006)
Schulman v. Attorney General
447 Mass. 189 (Massachusetts Supreme Judicial Court, 2006)
Peterson v. Commissioner of Revenue
441 Mass. 420 (Massachusetts Supreme Judicial Court, 2004)
COM. TO EST. SHERWOOD FIRE DEPT. v. Hillman
109 S.W.3d 641 (Supreme Court of Arkansas, 2003)
Committee to Establish Sherwood Fire Department v. Hillman
109 S.W.3d 641 (Supreme Court of Arkansas, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
432 Mass. 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazzone-v-attorney-general-mass-2000.