Section 58. The Suffolk county division of the juvenile court department shall consist of seven justices, the Middlesex county division shall consist of six justices, the Worcester county division shall consist of four justices, the Franklin and Hampshire counties division shall consist of one justice, the Bristol county division shall consist of three justices, the Essex county division shall consist of four justices, the Norfolk county division shall consist of two justices, the Plymouth county division shall consist of three justices, the Barnstable county and town of Plymouth division shall consist of one justice, and the Berkshire and Hampden counties division shall consist of four justices, all of whom shall be members of the bar. There shall be 5 associate justices of the trial court appointed for the juvenile court department who shall be and perform the duties of circuit justices in the following counties, and when so assigned, they shall receive from the commonwealth the expenses incurred by them: three justices in the Worcester, Franklin and Hampshire, Berkshire, and Hampden county divisions, and three justices in the Suffolk, Barnstable and town of Plymouth, Plymouth, Norfolk, Middlesex, Essex, and Bristol county divisions. The chief justice of the district court department may, upon request of the chief justice of the juvenile court department, assign a special justice who is not serving full-time under the provisions of section six A from the district court department to sit in any court of the juvenile court department. The chief justice of the juvenile court department shall have the power to define the duties of said first justices, and shall appoint, from among the justices of the juvenile court department, a first justice for each of the divisions within said department; provided, that appropriate consideration shall be given to seniority, length of service at that particular division, and managerial ability. Each first justice so appointed shall serve as the first justice of that particular division for a five-year term, and shall be eligible to be reappointed for additional five-year terms at that particular division. Any first justice may be removed from his position as first justice by the chief justice of the juvenile court department; provided, however, that any such removal is not for arbitrary or capricious reasons. Any first justice who is removed from his position as first justice by the chief justice of the juvenile court department may appeal the removal to the chief justice of the trial court, who shall hear and determine the matter.
Citations, orders of notice, writs, executions and all other processes issued by the clerk of each division shall bear the teste of the first justice thereof. The first justice shall be the administrative head of his division; provided, however, that the clerks shall have responsibility for the internal administration of his office, including the selection, appointment, and management of personnel, staff services and record keeping. A first justice or a clerk of the court may submit any dispute that arises between said first justice and said clerk concerning the management and administration of the office of the clerk, the duties, powers and obligations of the clerk, or a member of their staff, or the interpretation of the personnel standards provided for under section eight of chapter two hundred and eleven B, to the chief justice of the department. Any person aggrieved by a decision of a chief justice under this paragraph may appeal said decision to the chief justice of the trial court, who shall, within thirty days, hear and determine the matter.
In the case of the absence, death or removal of a clerk of a division of the juvenile court department, or a vacancy in the position of clerk for any other reason, the chief justice of the juvenile court department may appoint a temporary clerk, to act until the clerk resumes his duties, or until the vacancy is filled. The clerk of the court shall appoint assistant clerks and support personnel in his division, with all of such appointments subject to approval by the court administrator with respect to personnel standards as provided in section eight of chapter two hundred and eleven B. In the case of the absence, death or removal of an assistant clerk of a division of the juvenile court department, or a vacancy in the position of assistant clerk for any other reason, the clerk may appoint a temporary assistant clerk, to act until such assistant clerk resumes his duties, or until the vacancy is filled.
Each division shall have a clerk, who shall be appointed by the governor, with the advice and consent of the council and who shall hold office during good behavior, subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. The Suffolk county division held at Boston shall have a first assistant clerk and said division shall have eleven assistant clerks; the Barnstable county division held at Plymouth shall have a first assistant clerk and said division shall have two assistant clerks; the Bristol county division shall have a first assistant clerk and five assistant clerks; the Franklin and Hampshire counties division shall have an assistant clerk; the Essex county division shall have a first assistant clerk and 3 assistant clerks; the Berkshire and Hampden counties division held at North Adams shall have an assistant clerk; the Hampden division held at Springfield shall have an assistant clerk; the Middlesex county division shall have a first assistant clerk and 8 assistant clerks; the Norfolk county division held at Quincy shall have four assistant clerks; the Plymouth county division shall have a first assistant clerk and two assistant clerks; and the Worcester county division shall have a first assistant clerk and two assistant clerks. Said first assistant clerks and assistant clerks shall be appointed by the clerks of said courts, with all such appointments subject to approval by the court administrator with respect to personnel standards promulgated under section 8 of chapter 211B.
The salaries of the clerks in the juvenile court department shall be 81.57 per cent of the salary of the chief justice of said department and shall be paid, subject to appropriation, by the commonwealth. The salaries of the first assistant clerks in said department and the salary of the assistant clerk in charge of the appeals session shall be eighty-three and one-half percent of the salary of the clerks of said court and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks in said department shall be seventy-seven percent of the salary of said clerks and shall be paid, subject to appropriation, by the commonwealth.
The clerks and assistant clerks of the juvenile court department shall devote their entire time during ordinary business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.
Each clerk and assistant clerk of the juvenile court department appointed to such position prior to January first, nineteen hundred and eighty-seven and serving continuously in such position thereafter shall be entitled to thirty days vacation and thirty days sick leave in each calendar year. Each such clerk and assistant clerk may accumulate vacation leave and sick leave not used in any such year; provided, however, that the number of vacation days so accumulated shall not exceed sixty and the total amount of sick leave shall not exceed one hundred and eighty days; and provided, further, that no additional such days shall be accumulated on or after said January first except in accordance with the policies and procedures established by the court administrator pursuant to section eight of chapter two hundred and eleven B. Any other clerk and assistant clerk of said department 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 eight.
The first justice of each division of the juvenile court department may, with the approval of the chief justice of the trial court, appoint such official interpreters, or enter into service contracts for telephone-based interpretation services, as he may deem necessary for the sessions of his division. Any such interpreter shall hold his position at the pleasure of said first justice, and shall render such additional services as said first justice may require. Said first justice shall forthwith discharge any such interpreter who is found by him to have requested or received, directly or indirectly, any gratuity, bonus or fee in connection with any case pending or in the course of preparation for presentation to any court. Other interpreters may be employed by the first justice when the services of the official interpreter are not available.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title I - Courts and Judicial Officers
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 7 - Oaths; Power to Administer
Section 8 - Clerks; Appointment; Number; Retirement; Vacation and Sick Leave
Section 10a - Deputy Assistant Clerks; Power to Designate
Section 11 - Temporary Assistant Clerks
Section 12 - Clerks; Oath of Office; Duties and Powers
Section 14 - Facsimile Signatures
Section 15 - Times for Holding Trials; Office Hours
Section 18 - Justices and Clerks; Receipt of Certain Fees; Prohibition
Section 19 - General Provisions
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 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 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 36 - Justice of Peace; Taking Bail
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 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