NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

and Legislative Departments", (Addendum, p. 9),
clearly states, in part:
"the judicial shall never exercise the legis-
lative and executive powers, or either of
them: to the end it may be a government of
laws and not of men. I,
Here, a Superior Court judge exceeded his authority
and violated the "Separation of Powers" of Art. 30 when
he ordered the probation department to attach a "GPS
device" to the defendant as a condition of bail, where
the defendant was - not and is - not a convictedsexoffender
pursuant t o G.L.c. 265, 47. (R.A. "33").
A Superior Court judge does not have "unfettered
discretion" to act outside the scope and authority of
a statute. Commonwealth v. Guzman, 446 Mass. 344 (2006);
Rosenbloom v. Kokofsky, 375 Mass. 778 (1977)(Scope and
auithority of Supreme Judicial Court to interpret and
apply statues is limited by its constitutional role as
judicial, rather than, legislative body); and Selectmen
of Milton v. Justice of Dist. Ct., 286 Mass. 1 (1934)
(No legislative or executive powers can be constitution-
ally conferred upon the courts. That is strickly for-
bidden by this [Art. 301 provision).
Thus, where defendant was not sentenced, not on
probation, and not a convicted sex offender, the court
violated Art, 30 by imposing "GPS device" on him,
which exceeded the authority of G.L.c. 265, 8 47, See
and compare Commonwealth v. Donohue, 452 Mass. 256 (2008).
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