Bill S.987

SENATE DOCKET, NO. 2346 FILED ON: 2/19/2021

SENATE . . . . . . . . . . . . . . No. 987

By Mr. Crighton, a petition (accompanied by bill, Senate, No. 987) of Brendan P. Crighton for legislation relative to the efficient management and operation of the registries of probate. The Judiciary.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the efficient management and operation of the registries of probate.

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 217 of the General Laws is hereby amended by striking out section 2 and inserting in place thereof the following new section:

Section 2. There shall be six judges of probate in the county of Middlesex, four judges of probate in the counties of Norfolk, Bristol, Suffolk, Worcester and Plymouth, three judges of probate in each of the counties of Essex and Hampden, and two judges of probate in the county of Barnstable. The chief justice of the probate and family court department shall designate one justice to be the first justice of a particular court; provided, that appropriate consideration shall be given to seniority, length of service in that particular court and managerial ability. Said first justice shall have the powers enumerated in section ten A of chapter two hundred and eleven B and shall be the administrative head of that particular court; provided, however, that the register shall have responsibility for the internal administration of his office, including the selection, appointment, and management of personnel, staff services and recordkeeping.

Each first justice so appointed shall serve as first justice of that court for a five-year term and shall be eligible to serve additional five-year terms in that particular court. Any first justice may be removed from his position as first justice by the chief justice of the probate and family 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 probate and family court department may appeal the removal to the chief justice of the trial court. The probate court and the court of insolvency for said counties may be held by one or both of the judges, and, when so held, shall have and exercise all the powers and jurisdiction committed to the respective courts. The judges shall so arrange the performance of their duties as to insure a prompt and punctual discharge thereof. The judges may perform each other's duties when necessary or convenient. Simultaneous sessions of the courts in said counties may be held if public convenience requires. Citations, orders of notice and all other processes issued by the register of probate and insolvency, in this chapter called the register, for any of said counties, shall bear teste of the first judge of said court. Deposits or investments made in the name of the judge of probate shall be in the name of the first judge of the court, and shall be subject to the order of the court.

SECTION 2. Said chapter 217 of the General Laws is hereby further amended by striking out section 15 and inserting in place thereof the following new sections:

Section 15. The register shall be the administrative head of their office and shall have responsibility for the internal administration of their office, including the selection, appointment, and management of personnel, staff services and recordkeeping. The register shall have the care and custody of all books, documents and papers pertaining to their court, or deposited with the records of insolvency or filed in the registry of probate, and shall carefully preserve them and deliver them to his successor. He or she may, at the expense of the commonwealth cause copies of the indexes, or new indexes, to the records which are in his custody, to be printed and sold at a price not less than the cost of paper, printing and binding. He or she shall perform all other duties, pertaining to his office, required by law. He or she may attest the records by the volume, and the attestation shall be sufficient when the volume containing the same bears the attest, with the written signature of the register or other person lawfully authorized.

Section 15 ½ . In order to ensure the efficient administration and operation of each registry, the register shall have responsibility for the selection, appointment, and management of personnel, including, but not limited to, first assistant registers appointed pursuant to section 23, assistant registers appointed pursuant to section 23A, administrative deputy assistants appointed pursuant to section 23B, judicial case managers appointed pursuant to section 23C, assistant judicial case managers appointed pursuant to section 23D, deputy assistant registers appointed pursuant to sections 28 – 29L, and any other position title allocated to the register’s office. In administering their office, the register shall comply with personnel standards promulgated pursuant to section 8 of chapter 211B. Nothing in this section shall be interpreted to impair the collective bargaining rights of any employee over whom the register has authority.

SECTION 3. Said chapter 217 is hereby further amended by striking out sections 23, 23A, 23B, and 23C and inserting in place thereof the following new sections:

Section 23. The register of the respective courts of the probate and family court department may appoint for a term of 3 years and may remove a first assistant register of probate. Before entering upon the performance of his duties, a first assistant register shall take the oath prescribed by the constitution. The appointments shall be as follows:

Essex, 1 first assistant register

Middlesex, 1 first assistant register

Norfolk, 1 first assistant register

Suffolk, 1 first assistant register

Worcester, 1 first assistant register.

Those persons serving as first assistant registers may, subject to the designation of the register, become judicial case managers for a term of 3 years pursuant to section 23C in their respective courts.

Section 23A. In addition to the first assistant registers of probate provided for in section 23, the registers of the respective courts of the probate and family court department for the following counties may appoint for terms of 3 years and may remove assistant registers with the same powers and duties. The appointments shall be as follows:

Barnstable, 1 assistant register

Berkshire, 1 assistant register

Bristol, 1 assistant register

Franklin, 1 assistant register

Hampden, 1 assistant register

Hampshire, 1 assistant register

Middlesex, 1 assistant register

Plymouth, 1 assistant register

Suffolk, 1 assistant register.

Those persons serving as assistant registers may, subject to the designation of the register, become assistant judicial case managers pursuant to section 23D in their respective court.

Section 23B. The registers of probate of the respective courts of the probate and family court department for the following counties may appoint 1 or more administrative deputy assistants; provided, however, that administrative deputy assistants may be removed at the pleasure of the registers of probate. The administrative deputy assistants shall meet the definition of both confidential and managerial employees as those terms appear in chapter 150E and shall perform no official judicial duties. The appointments shall be as follows:

Barnstable, 1 administrative deputy assistant

Essex, 1 administrative deputy assistant

Middlesex, 4 administrative deputy assistants

Norfolk, 1 administrative deputy assistant

Plymouth, 1 administrative deputy assistant

Suffolk, 2 administrative deputy assistants

Worcester, 2 administrative deputy assistants.

Section 23C. The register appoint for terms of 3 years and may remove a judicial case manager. Before entering upon the performance of his duties, a judicial case manager shall take the oath prescribed by the constitution. The appointments shall be as follows:

Barnstable, 1 judicial case manager

Berkshire, 1 judicial case manager

Bristol, 1 judicial case manager

Essex, 1 judicial case manager

Franklin, 1 judicial case manager

Hampden, 1 judicial case manager

Hampshire, 1 judicial case manager

Middlesex, 1 judicial case manager

Norfolk, 1 judicial case manager

Plymouth, 1 judicial case manager

Suffolk, 1 judicial case manager

Worcester, 1 judicial case manager.

Section 23D. In addition to the judicial case managers of the probate and family court provided for in section 23C, the register may appoint and may remove assistant judicial case managers with the same powers and duties. The appointments shall be as follows:

Barnstable, 3 assistant judicial case managers

Bristol, 7 assistant judicial case managers

Essex, 5 assistant judicial case managers

Franklin, 1 assistant judicial case manager

Hampden, 3 assistant judicial case managers

Hampshire, 1 assistant judicial case manager

Middlesex, 8 assistant judicial case managers

Norfolk, 5 assistant judicial case managers

Plymouth, 5 assistant judicial case managers

Suffolk, 5 assistant judicial case managers

Worcester, 6 assistant judicial case managers.

SECTION 4. Said chapter 217 is hereby further amended by striking out sections 27A to 29L, inclusive, and inserting in place thereof the following new sections:

Section 27A. A judicial case manager and an assistant judicial case manager shall perform his duties under the direction the register and shall pay over to the register all fees and amounts received as such assistant. He may authenticate papers and perform such other duties as are not performed by the register, at the direction of the register.

Section 28. The Suffolk county register of probate may designate 6 employees as deputy assistant registers with the same powers as assistant registers. A deputy assistant register shall receive as additional compensation an amount equal to 15 per cent of the annual salary of the Suffolk county register of probate. The register may designate 6 employees as associate deputy registers who shall have the powers of assistant registers and receive as additional compensation an amount equal to 7.5 per cent of the salary paid to the register. The register may remove a deputy assistant register.

Section 29. The Middlesex county register of probate may designate 6 employees as deputy assistant registers with the same powers as assistant registers and may remove a deputy assistant register. The deputy assistant registers shall receive additional compensation in an amount equal to 15 per cent of the annual salary of the Middlesex county register of probate.

Section 29A. The Dukes county register of probate may designate 1 employee as deputy assistant

register and may remove a deputy assistant register. The deputy assistant register shall receive additional compensation in an amount equal to 15 per cent of the annual salary of the Dukes county register of probate.

Section 29B. The Nantucket county register of probate may designate 1 employee as deputy assistant register and may remove a deputy assistant register. The deputy assistant register shall receive additional compensation in an amount equal to 15 per cent of the annual salary of the Nantucket county register of probate.

Section 29C. The register of the Barnstable probate court may designate 3 employees as deputy assistant registers with the same powers as assistant registers and may remove a deputy assistant register. A deputy assistant register shall receive additional compensation of $6,000.

Section 29D. The register of the Berkshire probate court may designate 1 employee as deputy assistant register with the same powers as assistant register and may remove a deputy assistant register. The deputy assistant register shall receive additional compensation of $6,000.

Section 29E. The register of the Hampden probate court may designate 6 employees as deputy assistant registers with the same powers as assistant registers and may remove a deputy assistant register. The deputy assistant registers shall receive additional compensation of $6,000.

Section 29F. The register of the Worcester probate and family court may designate 6 employees as deputy assistant registers with the same powers as assistant registers and may remove a deputy assistant register. The deputy assistant register shall receive additional compensation in an amount equal to 15 per cent of the annual salary of the Worcester county register of probate.

Section 29G. The register of the Bristol probate and family court may designate 3 employees as deputy assistant registers with the same powers as assistant registers and may remove a deputy assistant register. The deputy assistant registers shall receive in addition to their salaries as employees, a salary of $6,000 per annum.

Section 29H. The register of the Hampshire probate and family court may designate 3 employees as deputy assistant registers with the same powers as assistant registers and may remove a deputy assistant register. The deputy assistant registers shall receive additional compensation in an amount equal to 15 per cent of the annual salary of the Hampshire county register of probate.

Section 29I. The register of the Plymouth probate and family court may designate 5 employees as deputy assistant registers with the same powers as assistant registers and may remove a deputy assistant register. The deputy assistant registers shall receive in addition to their salaries as employees, a salary of $6,000 per annum.

Section 29J. The register of the Essex probate and family court may designate 1 employee as deputy assistant register with the same powers as an assistant register and may remove a deputy assistant register. The deputy assistant register shall receive additional compensation in an amount equal to 15 per cent of the annual salary of the Essex county register of probate.

Section 29K. The register of the Franklin probate and family court may designate 1 employee as deputy assistant register with the same powers as an assistant register and may remove a deputy assistant register. The deputy assistant register shall receive in addition to his salary as an employee, a salary of $6,000 per annum.

Section 29L. The register of the Norfolk probate and family court may designate 1 employee as deputy assistant register with the same powers as an assistant register and may remove a deputy assistant register. The deputy assistant register shall receive additional compensation in an amount equal to 15 per cent of the annual salary of the Norfolk county register of probate.

SECTION 5. This act shall take effect upon its passage.

Name:	District/Address:
Brendan P. Crighton	Third Essex