Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 6 of chapter 211A of the General Laws is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following sentence:- Subject to appropriation, said clerk and assistant clerks shall receive such salaries as the chief justice shall, with the approval of the chief justice of the supreme judicial court, determine, consistent with the methodology employed in and the salaries payable for personnel allocated to the job classification and pay plan maintained by the chief administrative justice of the trial court under section eight of chapter two hundred and eleven B; provided further that no such salary shall take effect unless and until it shall have been included in a schedule of permanent offices and positions filed by the chief justice with the house and senate committees on ways and means.

SECTION 2. If immediately prior to July first, nineteen hundred and eighty-six, any clerk or assistant clerk of the appeals court is receiving a salary which is greater than the salary determined pursuant to section one, such clerk or assistant clerk shall receive a salary equal to the salary to which he was entitled immediately prior to said date. When the appointment or term of such clerk or assistant clerk expires or if such clerk or assistant clerk vacates his position for any reason, his successor in such position shall be paid a salary in accordance with the provisions of section one.

SECTION 3. The chief administrative justice of the trial court, with the approval of the chief justice of the supreme judicial court and in consultation with the chief justice of the appeals court, is authorized and directed to commission a professional study of the job responsibilities and compensation of the clerk and assistant clerks of the appeals court. Such study shall be consistent with the methodology and economic assumptions employed in determining the job classification and pay plan maintained by the chief administrative justice of the trial court under the provisions of sections eight and nine of chapter two hundred and eleven B of the General Laws. Not later than January first, nineteen hundred and eighty-seven, the chief administrative justice of the trial court shall forward a copy of the results and recommendations of said study to the clerk of the house of representatives who shall forward copies to the house and senate committees on ways and means. The chief justice of the appeals court shall make an initial determination as provided for in section one, consistent with said result and recommendations; provided, however, that notwithstanding the provisions of said section one, no increase in the salaries payable to the clerk and assistant clerks of the appeals court shall take effect unless and until (a) it shall have been recommended in writing by the chief justice of the appeals court to the house and senate committees on ways and means and (b) it shall have been included in a schedule of permanent offices and positions approved by the house and senate committees on ways and means.

SECTION 4. Said clerk and assistant clerks shall be compensated in accordance with the provisions of this act as of July first, nineteen hundred and eighty-six, and the initial salary determined pursuant to section three shall be effective as of said July first.