relating to the authority to establish courtsProvided that the sole authority lies within the general court.

2026 Regular Session Introduced by Robert Wherry

CACR 27 gives the general court exclusive power to establish courts, shaping who can create or reorganize courts and centralizing judicial-structure decisions.

Inexpedient to Legislate: MA VV 03/05/2026 HJ 6 P. 20

Purpose and intent

CACR 27 proposes a constitutional change to establish that the authority to establish courts lies exclusively with the general court. In other words, the bill would designate the general court as the sole body with the constitutional power to create or establish courts, eliminating or restricting concurrent authority from other branches or bodies.

Key provisions (highlights)

Clarifies that the authority to establish courts is vested solely in the general court.

Sets a constitutional framework for how courts can be created, governed, or reorganized, with the general court as the exclusive decision-maker.

Preserves the general court’s prerogative to determine the structure and number of courts, subject to future legislative or constitutional processes as defined by the amendment.

Note: The bill text is not provided in full, but the title and description indicate an exclusive, sole-authority provision for establishing courts within the general court.

What would be affected

Government structure: Establishes exclusive authority for creating courts, likely affecting how other branches (e.g., executive or judicial branches) interact with or propose new courts.

Judicial system planning: Any new courts, changes to court types or jurisdictions, or reorganization would require action by the general court under this amendment.

Legal and procedural certainty: Provides a clearer constitutional mandate regarding who may establish courts, potentially streamlining or constraining processes for creating new judicial bodies.

Procedural and timeline notes

Classification: Constitutional amendment (requires approval by voters to take effect, per typical constitutional amendment processes).

Introduced: December 2, 2025.

Status: To Be Introduced on January 7, 2026, and referred to the Judiciary committee for consideration.

Next steps: After committee referral and potential hearings, the bill would proceed through standard constitutional amendment procedures, including potential floor votes in the legislature and, if approved, voter ratification.

Potential implications and considerations

Governance impact: Concentrates the power to establish courts within the general court, which could affect the speed and method by which the judiciary expands or reorganizes.

Checks and balances: The amendment would shift structural authority and may interact with existing constitutional provisions governing the judiciary and executive branches.

Implementation: If passed, the exact mechanisms, timelines, and transitional rules for establishing new courts would likely be addressed in accompanying legislation or implementing provisions.

If you’d like, I can tailor this summary to align with a specific jurisdiction’s constitutional framework or compare it to related reforms or existing provisions.

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