Supreme Judicial Court weighs whether pension forfeiture is 'cruel or unusual' or an excessive fine

The Supreme Judicial Court heard argument in Gregory Rafferty v. State Board of Retirement on whether forfeiture of a public pension after a criminal conviction should be treated under Article 26 of the state Declaration of Rights as a form of "cruel or unusual punishments" or instead analyzed as an "excessive fine." Petitioner's counsel asked the court to remand the case so the district court could apply Article 26 independently rather than rely solely on federal Eighth Amendment precedent.

Petitioner's counsel (name not specified), appearing for Gregory Rafferty, told the court that Article 26 "contains no suggestion whatsoever that it is confined to the precedents which deal with conditions of imprisonment," arguing that the provision's text — which refers both to a magistrate inflicting "cruel or unusual punishments" and to imposing "excessive fines" — permits a state-law ground to treat pension forfeiture as punishment. Counsel emphasized historical materials in his brief and…