Massachusetts General Laws
Chapter 218 - District Courts
Section 10 - Assistant Clerks

Section 10. The clerk of a district court may, subject to the approval of the court administrator as to compliance with personnel standards promulgated pursuant to section 8 of chapter 211B, appoint one or more assistant clerks for whose official acts the clerk shall be responsible, who shall be paid by him unless salaries payable by the commonwealth are authorized in this section or in section 53. In courts having one or more assistant clerks, the clerk may designate one as the first assistant clerk. An assistant clerk with salaries payable by the commonwealth may be appointed in courts the judicial districts of which have, according to the national census last preceding, a population of 60,000 or more, and in the following districts:
district court of southern Berkshire;
district court of northern Berkshire;
district court of eastern Essex;
third district court of Essex;
district court of eastern Franklin at Orange;
district court of eastern Hampden;
district court of western Hampden;
first district court of eastern Worcester;
second district court of southern Worcester;
third district court of Southern Worcester, provided, that said position shall only be designated to a trial court employee in said court currently performing the duties and functions of an assistant clerk and shall not be construed as adding any additional positions to the trial court.
Two assistant clerks with salaries payable by the commonwealth may be appointed in:
district court of Chicopee;
second district court of Barnstable;
third district court of Barnstable;
district court of central Berkshire;
district court of Franklin at Greenfield;
district court of Natick;
district court of Holyoke;
district court of Marlborough;
first district court of northern Middlesex;
district court of eastern Hampshire;
first district court of northern Worcester.
Three assistant clerks with salaries payable by the commonwealth may be appointed in:
district court of Peabody;
fourth district court of Bristol;
district court of Fitchburg;
first district court of southern Worcester;
district court of western Worcester;
second district court of eastern Worcester;
district court of Leominster;
first district court of Barnstable;
district court of Hampshire;
second district court of eastern Middlesex;
district court of Newton;
district court of Southern Norfolk;
municipal court of Brookline.
Four assistant clerks with salaries payable by the commonwealth may be appointed in:
fourth district court of eastern Middlesex;
district court of central Middlesex;
district court of northern Norfolk;
third district court of Plymouth;
district court of western Norfolk.
Five assistant clerks with salaries payable by the commonwealth may be appointed in:
second district court of Plymouth;
district court of Newburyport;
first district court of eastern Middlesex;
central district court of northern Essex;
first district court of Bristol;
district court of southern Essex;
district court of Lawrence;
third district court of Bristol.
Six assistant clerks with salaries payable by the commonwealth may be appointed in:
second district court of Bristol;
district court of Somerville;
first district court of Essex;
first district court of southern Middlesex.
Seven assistant clerks with salaries payable by the commonwealth may be appointed in:
fourth district court of Plymouth;
district court of Lowell;
district court of Chelsea.
Eight assistant clerks with salaries payable by the commonwealth may be appointed in:
district court of Brockton;
district court of East Norfolk.
Nine assistant clerks with salaries payable by the commonwealth may be appointed in:
central district court of Worcester.
Ten assistant clerks with salaries payable by the commonwealth may be appointed in:
third district court of eastern Middlesex;
district court of Springfield.
Assistant clerks who were appointed under authority of this section, who are paid by the commonwealth, and who have held said appointment for three consecutive years prior to the effective date of this act shall hold office during good behavior, but subject to applicable retirement laws, and may be removed from office under procedures authorized by section 8 of chapter 211B.
Each assistant clerk appointed prior to January 1, 1987 under the authority of this section and serving continuously in such appointment thereafter shall be entitled to 30 days vacation leave and 30 days sick leave in each calendar year. Any such assistant clerk may accumulate vacation and sick leave not used in any such year; provided, however, that the total amount of vacation days so accumulated shall not exceed 60 and the total amount of sick leave so accumulated shall not exceed 180 days; and provided, further, that no additional such days shall be accumulated on or after January 1, 1987 except in accordance with the policies and procedures established by the court administrator pursuant to section 8 of chapter 211B. All other assistant clerks appointed under the authority of this section shall be entitled to vacation leave and sick leave in accordance with the policies and procedures established by the court administrator pursuant to said section 8.
In the following courts, one of the assistant clerks shall be designated in charge of six-person jury sessions and shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the court administrator:
district court of Somerville;
district court of Chelsea;
first district court of eastern Middlesex;
third district court of eastern Middlesex;
the district court of Newton;
district court of Lowell;
first district court of southern Middlesex at Framingham;
district court of East Norfolk;
central district court of Worcester;
district court of Newburyport;
district court of Springfield;
second district court of Plymouth.
In the district court of western Worcester, the central district court of Worcester, the district of Lowell, the district court of East Norfolk, the district court of Chelsea and the third district court of eastern Middlesex, the clerk may designate one of his assistant clerks as assistant clerk in charge of the remand list; said list being for the trial of all cases transferred to said court from the superior court under the provisions of section 102C of chapter 231. The salary of said assistant clerk shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation by the court administrator.

Structure Massachusetts General Laws

Massachusetts General Laws

Part III - Courts, Judicial Officers and Proceedings in Civil Cases

Title I - Courts and Judicial Officers

Chapter 218 - District Courts

Section 1 - Territorial Jurisdiction and Place of Holding Court

Section 2 - Boston Municipal Courts; Concurrent Jurisdiction Over Waters and Islands

Section 2a - Transfer of Civil Actions Brought in Wrong Court

Section 3 - Boston Municipal Courts; Concurrent Criminal Jurisdiction Over Waters and Islands

Section 4 - District Court Jurisdiction; Seals

Section 4a - Massachusetts Uniform Enforcement of Foreign Judgments Act

Section 5 - Contempt Cases; Service of Process

Section 6 - Justices; Number; Terms; Compensation; Duties

Section 6a - Special Justices of District Court; Certification of Full Time Duties; Restrictions on Employment

Section 7 - Oaths; Power to Administer

Section 8 - Clerks; Appointment; Number; Retirement; Vacation and Sick Leave

Section 9 - Temporary Clerks

Section 10 - Assistant Clerks

Section 10a - Deputy Assistant Clerks; Power to Designate

Section 11 - Temporary Assistant Clerks

Section 12 - Clerks; Oath of Office; Duties and Powers

Section 13 - Records; Storage

Section 14 - Facsimile Signatures

Section 15 - Times for Holding Trials; Office Hours

Section 16 - Bond of Clerk

Section 17 - Justice, Clerk or Assistant Clerk; Restrictions on Practice of Law; Special Justices; Restrictions on Hearing or Trying Cases

Section 18 - Justices and Clerks; Receipt of Certain Fees; Prohibition

Section 19 - General Provisions

Section 19a - District Court or Boston Municipal Court; Statement of Facts in Support of Civil Action for Damages; Dismissal; Appeals

Section 19b - District Court or Boston Municipal Court; Trial by Jury of Six; Appeals

Section 19c - District Court Jurisdiction; Equity Powers and Rules

Section 19d - Housing Specialists; Appointment; Knowledge Requisites; Powers and Duties

Section 20 - Actions Against Executors and Administrators, and Against Bail

Section 21 - Power to Establish Rules of Small Claims Procedure; Venue; Jurisdictional Amount; Hearings; Damages and Penalties

Section 22 - Procedure

Section 23 - Initial Determination of Cause; Removal; Claim for Trial by Jury; Bond or Deposit; Finding as Evidence; Report to Appellate Division

Section 24 - Transfer to Regular Docket

Section 25 - Costs; Discretion of Court

Section 26 - General Provisions

Section 26a - Trial by Jury; Discovery; Jury-Waived Trial; Record of Proceedings; Probation

Section 27 - Imposition of Penalties

Section 27a - Jury Sessions

Section 28 - Recognizances to Keep Peace

Section 30 - Binding Over to Superior Court

Section 32 - Complaints and Warrants

Section 32a - Inclusion of Offense-Based Tracking Number on Application for Complaint

Section 33 - Warrants and Process; Power of Clerks to Issue

Section 34 - Arrest Without Warrant; Endorsement of Complaint by Arresting Officer

Section 35 - Complaints, Warrants and Process; Power to Issue; Disqualification to Hear Case; Destruction of Applications for Complaints

Section 35a - Process; Issuance on Complaints for Misdemeanors; Consideration of Criminal Records and Domestic Violence Records; Right to Hearing

Section 36 - Justice of Peace; Taking Bail

Section 37 - Process for Witnesses and Defendants in Criminal and Juvenile Cases; Direction and Service

Section 38 - Access to Courts; Sittings; Adjournments; Filing of Complaints

Section 39 - Books and Supplies

Section 40 - Part-Time Special Justices; Authorized Cases

Section 41 - Special Justice; Powers and Duties

Section 42 - Adjournment When Justice Absent

Section 42a - Chief Justice; Powers and Duties

Section 42b - Deputy Court Administrator

Section 43 - Uniform Rules of Practice and Procedure; Power to Make and Promulgate

Section 43a - Uniform Practices; Forms; Superintendence of Record Keeping

Section 43b - Official Forms; Powers of Chief Justice

Section 43e - Community Mediation Advisory Board; Coordinator

Section 44 - Process; Formal Requisites; Territorial Jurisdiction

Section 47 - Clerks; Duty to Make Payments and to Account; Penalty

Section 48 - Sentences to Deer Island

Section 49 - Clerks; Duty to Pay Certain Fees; Advances; Accounting

Section 50 - Justices; Number; Vacation and Sick Leave; Rule Making Power

Section 51a - Chief Justice of the Boston Municipal Court Department; Powers and Duties

Section 52 - Justices and Special Justices; Assignment; Additional Sessions; Compensation, Etc.

Section 52a - Clerks; Criminal and Civil Business

Section 53 - Clerks and Assistant Clerks

Section 53a - Temporary Assistant Clerks

Section 54 - Civil Jurisdiction

Section 55 - Recording Systems; Stenographic and Medical Services and Equipment

Section 56 - Clerks; Accounting; Penalty

Section 57 - Juvenile Courts; Divisions; Territorial Jurisdiction; Appeals

Section 57a - Chief Justice for the Juvenile Court Department; Powers and Duties

Section 57b - Deputy Court Administrator for the Juvenile Court Department

Section 58 - Justices and Clerks; Assignment; Salaries; Vacation and Sick Leave; Interpreters

Section 58a - Administrative Assistant for Intergovernmental Relations

Section 58b - Special Justices of Boston Juvenile Court; Certification of Full-Time Duties; Restrictions on Employment

Section 58c - Special Justices of Juvenile Court

Section 59 - Powers, Duties and Procedure; Jurisdiction

Section 60 - Jurisdiction Over Offenders; Rule Making Power

Section 66 - Boston Municipal Court Department; Messenger

Section 67 - Boston Municipal Court; Interpreters

Section 68 - East Boston Division of the Boston Municipal Court Department; Interpreter

Section 69 - Clerks of Divisions of District Court Department; Allowance for Assistance

Section 70 - Clerks of Boston Municipal and Juvenile Court Departments; Allowance for Assistance

Section 74 - Monthly Installments

Section 75b - Salaries of Assistant Clerks of Boston Municipal Court Department

Section 79 - Salaries of Clerks

Section 80 - Compensation of Assistant Clerks; Practice of Law

Section 80a - Boston Municipal Court Department; Salaries of Secretary and Assistant Secretary to Justices

Section 81 - Traveling Expenses

Section 84 - Computation of Compensation