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Session Laws

1987

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CHAPTER 723 AN ACT FURTHER REGULATING THE COMPENSATION OF DISTRICT ATTORNEYS AND THEIR ASSISTANTS.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for a new compensation plan for district attorneys and their assistants, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Chapter 12 of the General Laws is hereby amended by striking out section 14, as appearing in the 1986 Official Edition.

SECTION 2. Said chapter 12 is hereby further amended by striking out section 15, as so appearing, and inserting in place thereof the following section:-

Section 15. District attorneys shall devote their full time during ordinary business hours to their duties, shall neither directly nor indirectly engage in the practice of law, and shall receive from the commonwealth a salary of seventy-two thousand five hundred dollars annually.

SECTION 3. Said chapter 12 is hereby further amended by striking out section 16, as so appearing, and inserting in place thereof the following section:-

Section 16. Each district attorney shall, subject to appropriation and subject to the conditions of this section, appoint and may, at his pleasure, remove such assistant district attorneys as are necessary to the functioning of the office of the district attorney. Assistant district attorneys shall receive from the commonwealth salaries as recommended by the district attorney appointing them, subject to appropriation and subject to the conditions of this section. No assistant district attorney shall be appointed and no such salary shall be paid unless and until such position and such salary (a) shall have been recommended in writing by the district attorney making the appointment and (b) shall have been included in a schedule of offices and positions approved by the house and senate committees on ways and means. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one, and chapter one hundred and fifty E shall not apply to said assistant district attorneys. Assistant district attorneys shall devote their full time during ordinary business hours to their duties, and shall neither directly nor indirectly engage in the practice of law.

SECTION 4. The salaries in effect for any assistant district attorney so serving on the effective date of this act shall remain in effect for so long as such assistant district attorney continues to so serve, unless such salary is changed in accordance with the provisions of section sixteen of chapter twelve of the General Laws.

SECTION 5. Section two shall take effect as of January seventh, nineteen hundred and eighty-seven. Sections one, three, and four shall take effect as of July first, nineteen hundred and eighty-seven.

Approved January 13, 1988.