Section 9. In the case of the absence, death or removal of a clerk of a court of the district court department, the chief justice of the district court department may appoint a temporary clerk, to act until the clerk resumes his duties or until the vacancy is filled.
In the case of the absence, death or removal of a clerk of a court of the Boston municipal court department, the chief justice of the Boston municipal department may appoint a temporary clerk, to act until the clerk resumes his duties or until the vacancy is filled.
A temporary clerk shall be paid by the commonwealth for each day's service an amount equal to the rate by the day of the compensation of the clerk of such court as established in the salary schedule set forth in section seventy-nine; but compensation so paid to a temporary clerk for service, in excess of the number of days of vacation accumulated by the clerk as provided in section eight in any one year, shall be deducted by the state treasurer from the salary of the clerk; provided, however, that if a clerk is absent, due to his illness or physical disability, for a period not exceeding the number of days of sick leave he has accumulated pursuant to said section eight, no such deduction shall be made. Such thirty days sick leave or any portion thereof not used in any year may be accumulated, but shall, in any event not exceed one hundred and eighty days in any consecutive six-year period. If the person so appointed holds an office or position, the salary or compensation for which is paid out of the treasury of the commonwealth, or of a county, or a municipality, he shall not receive the salary of both office or positions during the period of such temporary service.
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