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HOUSE DOCKET, NO. 3690        FILED ON: 4/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3395

By Mr. DeLeo of Winthrop, a petition (subject to Joint Rule 12) (accompanied by bill, House, No. 3395) of Robert  A. DeLeo relative to the reorganization of the judicial system.  Senate Ways and Means . 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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An Act Relative to the Reorganization of the Judicial System of the Commonwealth.
 

              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 7 of chapter 4 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “privacy” in subclause (c) of clause twenty-sixth the following words:-

              provided, however, that letters of recommendation for employment submitted in support of candidates who are hired by the commonwealth shall be considered public records under this section;

              SECTION 2. Section 116 of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in lines 22 and 23, the words “administrative justice” and inserting in place thereof the following words:- justice of the trial court.

              SECTION 3. Section 183A of said chapter 6, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 4. Section 28A of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

              Said administrator may enter into agreements with the supreme judicial court, the chief justice of the trial court, the court administrator of the trial court, or the chief justices of the several departments of the trial court for programs for the continuing education of judges and other court personnel.

              SECTION 5. Section 41C of said chapter 7, as so appearing, is hereby amended by striking out, in lines 11, 24, and 32, the words “administrative justice” and inserting in place thereof the following words:- justice of the trial court and the court administrator.

              SECTION 6. Section 2 of chapter 7A of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 7. Section 35Z of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 12, 13, 16, 17, 23 and 24, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 8. Section 31A of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 9. Section 3A of chapter 29A of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word “administrative”.

              SECTION 10. Section 4 of said chapter 29A, as so appearing, is hereby amended by striking out, in lines 6, 19, 21, 28, 29, 30, 42, 43, 44, and 53, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 11. Section 5 of said chapter 29A, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 12. Section 6 of said chapter 29A, as so appearing, is hereby amended by striking out, in lines 3, 6, 7, 8, 9, 25, 26, and 37, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 13. Section 6 of chapter 34B of the General Laws, as so appearing, is hereby amended by striking out, in lines 21, 44 and 45, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 14. Section 16 of chapter 37 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “administrative justice” and inserting in place thereof the following words:- justice of the trial court.

              SECTION 15. Section 1 of chapter 58A of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “administrative justice” and inserting in place thereof the following words:- justice of the trial court.

              SECTION 16. Section 24M of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the word “administrative”.

              SECTION 17. Section 3 of chapter 90C of the General Laws, as so appearing, is hereby further amended by striking out, in lines 101 and 102, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 18. Section 28 of chapter 119 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 32 and 33, the word “administrative”.

              SECTION 19. Section 29B of said chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 20. Section 1 of chapter 119A of the General Laws, as so appearing, is hereby amended by striking out, in lines 22 and 23, the word “administrative”.

              SECTION 21. Section 3 of said chapter 119A, as so appearing, is hereby amended by striking out, in line 76, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 22. Section 13 of said chapter 119A, as so appearing, is hereby amended by striking out, in lines 27 and 28, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 23. Section 1 of chapter 150E of the General Laws, as most recently amended by section 185 of chapter 25 of the acts of 2009, is hereby amended by striking out, in line 61, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 24. Chapter 185 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out section 2 and inserting in place thereof the following 2 sections:-

              Section 2. The land court department shall consist of 6 associate justices appointed to the land court department. The justice as provided under section 1 of chapter 211B as the chief justice for the land court department, in addition to his judicial powers and duties, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and responsibility of a chief justice as set forth in section 10 of chapter 211B.

              Section 2½. The administrator as provided under section 1 of chapter 211B as the deputy court administrator for the land court department shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and responsibility of a deputy court administrator as set forth in section 10 of chapter 211B.

              SECTION 25. Section 3A of said chapter 185, as so appearing, is hereby amended by striking out, in lines 39, 40, 58, 59, 68, 84, and 85, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 26. Said section 3A of said chapter 185, as so appearing, is hereby further amended by striking out, in line 67, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 27. Said section 3A of said chapter 185, as so appearing, is hereby further amended by striking out, in line 70, the words “for administration” and inserting in place thereof the following words:- of the trial court.

              SECTION 28. Section 6 of said chapter 185, as so appearing, is hereby amended by striking out, in lines 12, 13, 14, and 20, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 29. Section 13 of said chapter 185, as so appearing, is hereby amended by striking out, in lines 3 and 4, inclusive, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 30. Section 14 of said chapter 185, as so appearing, is hereby amended by striking out, in line 12, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 31. Section 4 of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “chief administrative justice and management” and inserting in place thereof the following words:- court administrator.

              SECTION 32. Said section 4 of said chapter 185C, as so appearing, is hereby further amended by striking out, in lines 10, 18, 19, 28, 29, and 38, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 33. Section 8 of said chapter 185C, as so appearing, is hereby amended by striking out, in lines 8, 9, 25, and 34, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 34. Said section 8 of said chapter 185C, as so appearing, is hereby further amended by striking out the seventh sentence and inserting in place thereof the following sentence:- Any first justice may be removed from his position as first justice by the chief justice of the housing court department.

              SECTION 35. Said chapter 185C is hereby further amended by striking out section 8A, as so appearing, and inserting in place thereof the following section:-

              Section 8A. The justice as provided under section one of chapter 211B as the chief justice for the housing court department, in addition to his judicial powers and duties shall, subject to the superintendence authority of the supreme judicial court provided in section 3 of chapter 211B, have the power, authority and responsibility of a chief justice as set forth in section 10 of chapter 211B.

              Section 8B. The deputy court administrator for the housing court department as provided under section 1 of chapter 211B shall, subject to the superintendence authority of the supreme judicial court provided in section 3 of chapter 211, have the power, authority, and responsibility of a deputy court administrator as set forth in section 10 of chapter 211B.

              SECTION 36. Section 9 of said chapter 185C, as so appearing, is hereby amended by striking out, in lines 16, 17, and 18, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 37. Section 18 of said chapter 185C, as so appearing, is hereby amended by striking out, in lines 4, 5, 7, and 8, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 38. Section 28 of chapter 208 of the General Laws, as so appearing, is hereby amended by striking in lines 8, 9, 31, and 32, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 39. Section 32F of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out, in lines 65 and 66, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 40. Section 37 of said chapter 209, as so appearing, is hereby amended by striking out, in lines 10, 26, and 27, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 41. Section 5 of chapter 209A of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “administrative justice” and inserting in place thereof the following words:- justice of the trial court.

              SECTION 42. Section 9 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in lines 47, 48, 72, and 73, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 43. Section 20 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 15 and 16, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 44. Section 3 of chapter 210 of the General Laws, as so appearing, is hereby amended by striking out, in lines 33 and 34, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 45. Section 2A of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 46. Said section 2A of said chapter 211, as so appearing, is hereby further amended by striking out, in line 15, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 47. Said chapter 211 is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

              Section 3. The supreme judicial court shall have general superintendence of all courts of inferior jurisdiction to correct and prevent errors and abuses therein if no other remedy is expressly provided; and it may issue all writs and processes to such courts and to corporations and individuals which may be necessary to the furtherance of justice and to the regular execution of the laws.

              In addition to the foregoing, the justices of the supreme judicial court shall also have general superintendence of the administration of all courts of inferior jurisdiction, including, without limitation, the prompt hearing and disposition of matters pending therein, and the functions set forth in section 3C; and it may issue such writs, summonses and other processes and such orders, directions and rules as may be necessary or desirable for the furtherance of justice, the regular execution of the laws, the improvement of the administration of such courts, and the securing of their proper and efficient administration; provided, however, that general superintendence shall not include the authority to supersede any general or special law unless the supreme judicial court, acting under its original or appellate jurisdiction finds such law to be unconstitutional in any case or controversy. Nothing herein contained shall affect existing law governing the selection of officers of the courts, or limit the existing authority of the officers thereof to appoint administrative personnel.

              SECTION 48. Section 26 of said chapter 211, as so appearing, is hereby amended by striking out, in line 2, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 49. Section 26A of said chapter 211, as so appearing, is hereby amended by striking out, in line 16, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 50. Section 1 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-

              There shall be selected as herein provided, a chief justice of the trial court, a court administrator, a chief justice for each of the departments of the trial court and a deputy court administrator for each of the departments of the trial court.

              SECTION 51. Section 4 of said chapter 211B, as so appearing, is hereby amended by striking out, in lines 6 and 43, the words “administrative justice” and inserting in place thereof the following words:- justice of the trial court.

              SECTION 52. Said section 4 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 30, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 53. Said chapter 211B is hereby further amended by striking out sections 5 to 10A, inclusive, and inserting in place thereof the following 11 sections:-

              Section 5. The office of the chief justice of a department of the trial court, as provided in section 1, shall not be deemed a judicial office as comprehended under the provisions of Article I of Chapter III of Part the Second of the Constitution. Said office of chief justice shall be filled by appointment, from among the justices appointed to the particular department, by the chief justice of the trial court. A chief justice shall hold said office for a term of 5 years, and shall be eligible to be reappointed for additional 5 year terms. A chief justice, so appointed, may be removed from that office prior to the expiration of his term by the chief justice of the trial court.

              Section 5A. The office of the deputy court administrator of a department of the trial court, as provided in section 1, shall be filled by appointment by the court administrator and the chief justice of each department of the trial court; provided, however, that said deputy court administrator shall not be a justice of the trial court and shall devote his full time to the duties of his office. A deputy court administrator shall hold said office for a term that shall be coterminous with the term of the chief justice of the respective court departments and shall be eligible to be reappointed to serve additional terms. A deputy court administrator, so appointed, may be removed from that office prior to the expiration of his term by the court administrator and the chief justice of the respective court departments.

              The chief justice or deputy court administrator of the respective court departments shall submit any dispute that arises between said chief justice and said deputy court administrator, concerning the management and administration of the respective court departments, to the chief justice of the trial court and the court administrator, who shall, within 30 days, determine the matter.

              Section 6. The office of the chief justice of the trial court, as provided in section 1, shall not be deemed a judicial office as comprehended under the provisions of Article I of Chapter III of Part the Second of the Constitution. Said office of chief justice of the trial court shall be filled by appointment, from among the justices of the trial court departments, by a majority vote of the justices of the supreme judicial court. The chief justice of the trial court shall hold said office for a term of 5 years, and shall be eligible to be reappointed for additional 5 year terms. The chief justice of the trial court may be removed by a majority vote of the justices of the supreme judicial court. The chief justice of the trial court shall retain his commission as associate justice of the trial court, or of a predecessor court to which he was appointed, while serving as chief justice of the trial court, and may continue to perform such judicial duties as he may have exercised as associate justice, and such other responsibilities as otherwise provided by law.

              Section 6A.  There shall be an advisory board to assist the justices of the supreme judicial court, the chief justice of the trial court, and the court administrator. The board shall consist of the attorney general, or his designee, the executive director of the Massachusetts office of victim assistance and the following 10 additional members appointed by the supreme judicial court: 2 persons who have significant experience in public administration, 2 persons who have significant experience in business administration, 1 lawyer with significant experience in the practice of criminal law, 1 lawyer with significant experience in the practice of civil law, 1 lawyer with significant experience in the practice of probate and family law, 1 lawyer with significant experience in the representation of juveniles in the courts, 1 lawyer with significant judicial experience but not a current justice of the commonwealth or a retired justice serving the commonwealth pursuant to judicial recall, and 1 person who has significant experience in information technology. The board shall choose its chair. The appointed members of said board shall serve for a term of 3 years. The maximum amount of time that said members may serve on said board shall be 2 such terms. The chief justice of the trial court shall be the executive secretary of the board.

              The board shall advise the justices of the supreme judicial court, the chief justice of the trial court, and the court administration on all matters of judicial reform including, but not limited to, a proposal for the allocation of resources based on the demonstrated workload of each court.

              Section 6B. There shall be an office of court management within the trial court, under the executive control of a court administrator, to support the judicial functions, performance and management of the trial court. Said court administrator shall be appointed by a majority vote of the justices of the supreme judicial court; provided, however, that said court administrator shall have significant leadership experience in the fields of management and finance and shall not be a justice of the trial court. Said court administrator shall be paid a salary equal to that of the chief justice of the trial court. The court administrator shall hold said office for a term of 5 years, shall be eligible to be reappointed for additional 5 year terms, and shall devote his full time to the duties of his office. The court administrator may be removed by a majority vote of the justices of the supreme judicial court.

              The chief justice of the trial court and the court administrator shall endeavor to resolve between themselves all differences or disputes they may have regarding the management and administration of the trial court. If, after due discussion and collaboration, they are unable to do so, either may submit the issue to the chief justice of the supreme judicial court who, after determining why the chief justice and the court administrator were unable to resolve the issue, shall promptly decide it. The decision of the chief justice of the supreme judicial court shall be final and binding.

              Section 7. In the case of a vacancy in the office of chief justice of a department of the trial court due to the absence of said chief justice or due to his inability to perform his duties, the office of chief justice in such event shall be filled as provided in section 5. The temporary chief justice so appointed may hold said office until the incumbent shall resume his duties and subject to the chief justice of the trial court, but in no event longer than 6 months. A temporary chief justice shall be eligible to serve a consecutive full term as chief justice.

              In the case of a vacancy in the office of deputy court administrator of a department of the trial court due to the absence of said deputy court administrator or due to his inability to perform his duties, the office of deputy court administrator in such event shall be filled as provided in section 5A. The temporary deputy court administrator so appointed may hold said office until the incumbent shall resume his duties, but in no event longer than 6 months. A temporary deputy court administrator shall be eligible to serve a consecutive full term as deputy court administrator.

              In the case of a vacancy in the office of chief justice of the trial court due to the absence of said chief justice of the trial court or due to his inability to perform his duties, said office shall be filled by the justices of the supreme judicial court until said chief justice of the trial court shall resume his duties and subject to the justices of said court or until a new chief justice of the trial court is qualified as hereinbefore provided, but in no event shall such office be so filled for a period in excess of 6 months. The justice appointed as chief justice of the trial court under the provisions of this section shall be eligible to serve a consecutive full term as chief justice of the trial court. A chief justice of the trial court may be removed by a majority vote of the justices of the supreme judicial court.

              In the case of a vacancy in the office of court administrator due to the absence of said court administrator or due to his inability to perform his duties, said office shall be filled by the justices of the supreme judicial court until said court administrator shall resume his duties and subject to the justices of said court or until a new court administrator is qualified as hereinbefore provided, but in no event shall such office be so filled for a period in excess of 6 months. The court administrator appointed under the provisions of this section shall be eligible to serve a consecutive full term as court administrator of the trial court. A court administrator may be removed by a majority vote of the justices of the supreme judicial court.

              Section 8. There shall be an advisory committee on personnel standards. The membership of the committee shall consist of the following persons: the chief justice of the trial court or his designee; the chief justices of the trial court departments, or their designees; the court administrator or his designee, who shall serve as chair of the committee; the deputy court administrators of the trial court departments; the commissioner of probation; and a clerk of the superior court, a clerk of the district court and a register of probate who shall appointed by the chief justice of the trial court.

              The committee shall advise the court administrator who shall establish and promulgate standards for the appointment, performance, promotion, continuing education and removal of all personnel within the trial court, except judges, clerks and registers of probate, and shall furnish copies of such standards to all divisions or places for holding sessions within the department of the trial court.

              Any appointment that is governed by standards promulgated under the provisions of this section shall forthwith be certified in writing for compliance with such standards to the court administrator. The court administrator shall have the power to reject any such appointment within 14 days after receipt of the certification of compliance by the appointing authority but such power to reject any such appointment shall be limited to non-compliance with the standards for appointment.

              Any appointment made by a joint authority shall require a majority of such authority, as provided by section 6 of chapter 4.

              Subject to the terms of applicable collective bargaining agreements, any officer or employee whose appointment is subject to the provisions of this section may be removed by the appointing authority, in accordance with the standards promulgated by the committee. The committee shall also advise the court administrator in the establishment of salaries and pay scales of all court personnel unless otherwise provided by statute.

              The members of said committee shall be allowed their necessary expenses including clerical expenses incurred in the performance of their duties.

              Section 9. The chief justice of the trial court, in addition to his judicial duties and subject to the superintendence power of the supreme judicial court as provided in section 3 of chapter 211, shall have general superintendence of the judicial policy of the trial court, including, without limitation, the improvement of the administration of such courts and the securing of their proper and efficient administration.

              The chief justice shall be the policy and judicial head of the trial court of the commonwealth.

              In order to achieve the ends stated in this section, the chief justice of the trial court shall be responsible for planning, development, promulgation, and evaluation of trial court policies, standards, and practices and shall have the authority necessary to carry out these responsibilities including, but not limited to, the following:—

              (i) the responsibility to provide planning and policy-making functions, including the implementation of such planning and policy-making decisions;

              (ii) the responsibility to monitor and to assist in the case processing and case flow management capabilities of the trial court departments;

              (iii) the power, upon request by the supreme judicial court, to review the record and make recommendations in any appeals by justices against whom disciplinary actions have been taken by any chief justice;

              (iv) the responsibility to hear, for final determination, appeals by justices claiming to be aggrieved by an order of a chief justice assigning or transferring said justice to a particular court other than that to which he was appointed;

              (v) the responsibility to hear, for final determination, appeals by first justices who have been removed by chief justices;

              (vi) the responsibility to establish, manage and implement a mandatory emergency judicial response system for all judges, except when the chief justice of the trial court determines that the participation by a particular judge would create a hardship for such judge;

              (vii) the responsibility to provide recommendations regarding management of the judicial recall process;

              (viii) the responsibility to supervise the implementation of the continuing education programs for judicial personnel;

              (ix) the power to appoint such personnel as the chief justice of the trial court may deem necessary for the office of the chief justice of the trial court; the power to discipline, supervise and define the duties of such personnel, and the power to dismiss such personnel;

              (x) the power, where there are pending in different departments of the trial court cases involving the same party or the same issue, and where a request for consolidation is made to the chief administrative justice to consolidate such cases for hearing by 1 justice, and to assign said justice to sit as a justice of other departments and exercise the powers of justices of other departments, in order to dispose of such cases with efficient use of judicial resources;

              (xi) the power to assign a justice appointed to any department of the trial court to sit in any other department of the court, for such period or periods of time as he deems will best promote the speedy dispatch of judicial business, provided, however, that,

              (a) prior to making such assignments, said chief justice of the trial court shall ascertain the respective preferences of the justices of the trial court as to the department or departments, if any, including the department to which he is appointed, to which each such justice desires to be assigned and, in making such assignments to any department of said court shall, to the extent consistent with the effective administration of justice, including the maintenance of the respective specialized functions of the land, housing, probate and family, and juvenile court departments, the administrative responsibilities of any justice, and the speedy dispatch of judicial business in each of the several departments of the trial court, assign to any department on a basis of first priority justices who have expressed as aforesaid their preferences for assignment thereto;

              (b) a justice, if aggrieved for cause by an order of the chief justice of the trial court assigning him to sit in a particular location or department of the court other than that to which he was appointed may appeal the order of said chief justice of the trial court to the supreme judicial court, which shall forthwith hear and determine the matter;

              (c) a chief justice shall notify the chief justice of the trial court of, and may report to the supreme judicial court, any order made by said chief justice of the trial court pursuant to this paragraph which, in the opinion of such chief justice, impairs the orderly operation of his department;

              (xii) the responsibility to provide recommendations regarding management of the judicial recall process;

              (xiii) upon the joint request of the chief justices of 2 or more departments of the trial court, authorize the transfer of cases from one department to another;

              (xiv) establish procedures, subject to the rule-making power of the justices of the supreme judicial court, and the approval of the chief justice of the trial court for the assignment of matters coming before the trial court which do not warrant the use of a judge to other appropriate personnel, including clerk-magistrates, mediators, and arbitrators, and authorize such personnel to review, hear, and dispose of such matters, subject to appropriate judicial review;

              (xv) the chief justice of the trial court shall be provided with offices that are proximate to the supreme judicial court at the expense of the commonwealth but only after said chief justice of the trial court has not found sufficient office space in any facility owned by the commonwealth and proximate to the supreme judicial court;

              (xvi) the chief justice of the trial court shall be authorized to visit any department or any division or any place for holding court within such a department. The chief justice of the trial court may from time to time call conferences of any or all of the chief justices of the departments;

              (xvii) notwithstanding the provisions of this section, the chief justice of the trial court, in order to provide for the speedy administration of justice in the counties of Dukes and Nantucket, shall designate, from time to time, justices sitting in the division of the district court department for either of said counties as justices of the superior court department sitting in either of said counties, with power to grant injunctive relief to the same extent as a justice appointed to the superior court department;

              (xviii) the chief justice of the trial court may delegate his responsibilities and powers hereunder and as otherwise provided by law to a chief justice, justice, regional justice, first justice, presiding justice, court officer, clerk, or any employee of his department, for such period of time and with such limitations as he may impose, whenever in his opinion such delegation of authority will expedite the judicial business of the trial court;

              (xix) the authority to hear and resolve interdepartmental disputes or disagreements regarding (1) transferring cases in order to facilitate the efficient administration of justice and (2) making adjustments in the scheduling and location of court sessions in order to facilitate the efficient administration of justice;

              (xx) the responsibility to review and make recommendations regarding the expeditious clearing of outstanding warrants throughout the courts of the commonwealth;

              (xxi)  notwithstanding any general or special law to the contrary, the authority to suspend any particular session of the trial court; move sessions so that the availability of court personnel is consistent with the needs of individual courts; transfer cases and matters from a court to any other court, consolidate cases, and make such periodic adjustments in the scheduling and locations of court sessions as are deemed necessary for the proper administration of justice; and

             

              (xxii) the power to exercise any inherently judicial power not otherwise specified in this section.

              Section 9A. The court administrator, subject to the superintendence power of the supreme judicial court as provided in section 3 of chapter 211 and in consultation with the chief justice of the trial court, shall have general superintendence of the administration of the trial court, including, without limitation, the improvement of the administration of such courts and the securing of their proper and efficient administration.

              The court administrator shall be the administrative head of the trial court of the commonwealth. The court administrator, in consultation with the chief justice of the trial court, shall periodically prepare and submit to the chief justice of the supreme judicial court an estimate, in detail, for the ordinary maintenance of the entire trial court, and all revenue therefrom, as provided in clause (5) of the first paragraph of section 3 of chapter 29. Said estimate shall include judicial salaries and the salaries of all officers and employees within the trial court and shall include estimates of all sums which the commonwealth is obligated to pay under the provisions of chapter 29A.

              In order to achieve the ends stated in this section, the court administrator shall be responsible for the management of court personnel, facilities, administration, security, and court business and shall have the authority necessary to carry out these responsibilities including, the following:—

              (i) the responsibility, upon the request of the supreme judicial court, to provide financial management assistance to said court including review of the budget requests and information as submitted by the department chiefs, to make recommendations thereon and otherwise to assist the court in its budgetary preparations;

              (ii) the responsibility to provide the departments of the trial court with technical assistance concerning recordkeeping, auditing and computers, and with support services, such as computerized legal research, stenographic, electronic and video recordation methods and telephone-based interpretation services;

              (iii) the responsibility consistent with section 8 of chapter 211B to provide personnel management, including promulgation of job classifications, establishment of system wide personnel policies and hiring practices and the authority to act as collective bargaining agent on behalf of the trial court;

              (iv) the authority to approve expenditures for all libraries maintained by the departments of the trial court;

              (v) the authority to coordinate the development and maintenance of, and technical assistance for, information systems;

              (vi) the responsibility to provide facilities management, including provision of maintenance, equipment and security, the responsibility to coordinate with the division of capital asset management and maintenance regarding construction, leasing, repair and designing of facilities, and the responsibility to plan for reallocation of court jurisdictional lines; this provision is to be construed in conjunction with section 6 of chapter 29A and section 17 of chapter 211B;

              (vii) the authority to hear and resolve interdepartmental disputes or disagreements between or among the deputy court administrators of the various departments of the trial court, including but not limited to, disputes regarding transferring non-judicial personnel in order to facilitate the efficient administration of justice;

              (viii) the responsibility to provide administrative management to the office of the jury commissioner;

              (ix) the responsibility to supervise the implementation of the continuing education programs for nonjudicial personnel;

              (x) the responsibility to perform all other administrative, inherently non-judicial functions or duties the court administrator deems necessary;

              (xi) the power to appoint such personnel as the court administrator may deem necessary for the office of court management; the power to discipline, supervise and define the duties of such personnel, and the power to dismiss such personnel;

              (xii) notwithstanding any general or special law to the contrary, when necessary to ensure the proper administration of justice, transfer employees of the trial court to serve where needed; impose discipline on such officers and employees, including dismissal and suspension with or without pay; provided, however, that the court administrator may, upon reasonable notice, temporarily transfer nonjudicial personnel among the various departments, divisions and places for holding court, and in no event shall any such transfer be more than a reasonable distance from the place where such personnel is employed unless the employee so transferred shall consent thereto; provided, further, that such transfer of the employee shall not be for more than 90 days, but such transfer may be extended for 3 consecutive 90 day periods, provided that notice is given to the house and senate committees on ways and means upon each extension, including the employee’s position, duties, and reason for the transfer, but such transfer shall not exceed 360 consecutive days. The first justice of the court to where the employee is transferred shall provide the first justice of the court to where the employee is permanently assigned with appropriate personnel records and records of activities, including records necessary for the payment of compensation; and provided, however, that this provision shall not apply to a clerk or clerk-magistrate, whether elected or appointed by the governor, register of probate or recorder;

              (xiii) (a) notwithstanding any general or special law to the contrary, the court administrator may, for the period July 1 through April 30 of any fiscal year, transfer funds from any item of appropriation of any trial court department to any other item of appropriation within the same trial court department; provided, that said transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means; provided further, that no such transfer shall occur until said schedules have been approved by said committees; provided further, that said schedules shall include the reasons for the necessity of such transfers with reference to actual and projected expenditures throughout the trial court for the fiscal year.

              (b) notwithstanding any general or special law to the contrary, the court administrator may, for the period May 1 through June 30 of any fiscal year, transfer an amount not to exceed 65,000 dollars from any item of appropriation of any trial court department to any other item of appropriation within the same trial court department; provided, that any funds transferred from an (AA) subsidiary, as defined in the schedule of subsidiary accounts, established by the house and senate committees on ways and means pursuant to section 27 of chapter 29 of the General Laws, as amended, of any item of appropriation may only be transferred to the (AA) subsidiary of any other item of appropriation within the same department of the trial court; provided further, that in no case may funds be transferred into an (AA) subsidiary of any item of appropriation other than from another (AA) subsidiary of any item of appropriation within the same department of the trial court;

              (xiv) the court administrator shall make a written report on the fiscal and organizational state of the trial court at the conclusion of each fiscal year and shall deliver said report, together with recommendations to the supreme judicial court by December 15 each year. The supreme judicial court shall then make a written report on the state of the court system and the judiciary for said past fiscal year and shall deliver the report together with recommendations to the governor, the president of the senate, the speaker of the house of representatives, on or before February 15 of each year. Said reports shall include, but not be limited to an account of all transfers of appropriated funds among line items and a schedule of all personnel transferred within the judicial system for the past fiscal year and contemplated for the current fiscal year. Such reports shall be a matter of public record;

              (xv) the court administrator shall be authorized to visit any department or any division or any place for holding court within such a department. The court administrator may from time to time call conferences of any or all of the deputy court administrators of the departments;

              (xvi) the court administrator shall review all appointments and dismissals governed by standards promulgated under the authority of section 8 for noncompliance with such standards and shall rescind any such appointment or dismissal that does not comply with said standards;

              (xvii) any dispute arising between a deputy court administrator of a department or a first justice of a division, and a clerk of court, concerning the management and administration of the clerk’s office, the duties, powers and obligations of the clerk’s staff, or the interpretation of the personnel standards provided for under section 8, shall be submitted to the court administrator in writing by the clerk, clerk-magistrate, deputy court administrator, or first justice. The court administrator shall, within 30 days of receipt of the written notification of such dispute conduct a hearing in order to determine the matter. The decision of the court administrator shall be binding on the parties;

              (xviii) the court administrator shall establish uniform guidelines and policies to further minority employment within the judicial system;

              (xix) the responsibility to administer, subject to appropriation, a reserve fund for the purpose of providing secretarial and administrative support staff and services to the justices of the superior court department of the trial court;

              (xx) with the approval of the chief justice of the trial court and notwithstanding any general or special law to the contrary, the authority to establish the hours during which the courts of the commonwealth shall be open, including Saturday and evening sessions, and to further establish flexible work schedules, provided, however, that no employee shall be required to work more hours during a week than is provided by the relevant collective bargaining agreement;

              (xxi) the court administrator may delegate his responsibilities and powers hereunder and as otherwise provided by law to a deputy court administrator, court officer, clerk, or any employee of his department, for such period of time and with such limitations as he may impose, whenever in his opinion such delegation of authority will expedite the judicial business of the trial court; and

              Section 10. Subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, the chief justice and the deputy court administrator shall be responsible for the operation of their department, its clerks, other officers and employees subject to section 99 of chapter 276 and the appropriate collective bargaining agreement. To achieve sound operation of their department, they shall have the following power, authority and responsibility, and shall allocate between themselves primary responsibility for each in a manner on which they agree and that is approved by the chief justice of the trial court and the court administrator; provided, however, that any power specifically assigned to the chief justice in the subsections that follow shall be performed by the chief justice alone:

              (i) the power to appoint, discipline, evaluate, transfer and define the duties of all non-judicial personnel within their department including special masters, court reporters, law clerks, temporary clerks and other support personnel consistent with the provisions of section 8 and 10A; provided, however, that they shall not have the power to appoint non-judicial personnel serving in the office of a clerk, recorder or register, but shall have the authority to discipline said clerks, recorders and registers and all other personnel in the offices of said clerks, recorders or registers, upon the raising of any dispute between a first justice and a clerk, recorder or register. Any person aggrieved by any decision of a chief justice or deputy court administrator under this paragraph may appeal such decision to the chief justice of the trial court; provided, further, that no person holding a commission as a clerk of court, whether elected or appointed, a register of probate or a recorder shall be assigned under the provisions of this paragraph outside the department, division or court to which he is elected or appointed without his consent. Any clerk aggrieved by any transfer or assignment of himself or personnel of his office under this paragraph shall appeal to the court administrator who shall forthwith hear and determine the matter;

              (ii) the chief justice shall have the power to assign or to transfer justices appointed to his department of the trial court to any particular court within that department for such period or periods of time as the chief justice deems necessary; the chief justice shall also have the power to appoint regional justices and to define their duties. Any justice aggrieved by an order of the chief justice assigning or transferring him to a particular court other than that to which he was appointed, may appeal the assignment or transfer to the chief justice of the trial court who shall forthwith determine the matter;

              (iii) the authority, prior to making assignments or transfers referred to in paragraph (ii) of this section, to ascertain, if they so desire, the respective preferences of the justices as to which court or courts, if any, they wish to be assigned or transferred.

              (iv) the power to suspend any particular session in any court within their department; the power to move sessions so that the availability of court personnel is consistent with the needs of individual courts; and to make such periodic adjustments in the scheduling and locations of court sessions as are deemed necessary for the proper administration of justice;

              (v) the chief justice shall have the power to transfer cases and matters from a court to any other court within his department, to consolidate cases,

              (vii) notwithstanding any general or special law to the contrary, when necessary to ensure the proper administration of justice, transfer employees of their department to serve where needed; impose discipline on such officers and employees, including dismissal and suspension with or without pay; provided, however, that they may, upon reasonable notice, temporarily transfer nonjudicial personnel within their department, divisions and places for holding court, and in no event shall any such transfer be more than a reasonable distance from the place where such personnel is employed unless the employee so transferred shall consent thereto; provided, further, that such transfer of the employee shall not be for more than 90 days, but such transfer may be extended for 3 consecutive 90 day periods, provided that notice is given to the house and senate committees on ways and means upon each extension, including the employee’s position, duties, and reason for the transfer, but such transfer shall not exceed 360 consecutive days. The first justice of the court to where the employee is transferred shall provide the first justice of the court to where the employee is permanently assigned with appropriate personnel records and records of activities, including records necessary for the payment of compensation; and provided, however, that this provision shall not apply to a clerk or clerk-magistrate, whether elected or appointed by the governor, register of probate or recorder;

              (vii) the authority to visit any court within their department.

              (viii) the authority to call conferences of any or all of the justices within their department;

              (ix) the responsibility to compile a comprehensive written report of the operation of their department of the trial court at the conclusion of each fiscal year, and shall deliver said report together with recommendations to the chief justice of the trial court and the court administrator on or before October 15 of the ensuing fiscal year. They shall make such additional reports as may from time to time be required by the chief justice of the trial court or the court administrator;

              (x) the responsibility to perform such further administrative duties as may from time to time be assigned by the chief justice of the trial court or the court administrator;

              (xi) the responsibility, annually, to prepare and submit to the court administrator a budget estimate, in detail, for the ordinary maintenance of their department of the trial court, and all revenue therefrom, as provided in clause (5) of the first paragraph of section 3 of chapter 29. Said budget estimate shall include judicial salaries and the salaries of employees within said department and shall include estimates of all sums which the commonwealth is obligated to pay under the provisions of chapter 29A;

              (xii) the authority, upon receipt of an appropriated sum, to administer that appropriation;

              (xiii) the responsibility for the administrative management of the personnel, staff services and business of their departments, including financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, construction, case flow management, assignments of sittings of the justices of their respective departments, including justices not appointed thereto but assigned, for the time being therein. They may delegate their responsibilities and powers hereunder and as otherwise provided by law to a justice, regional justice, first justice, court officer, clerk, or any employee of their department, for such period of time and with such limitations as he may impose, whenever in their opinion such delegation of authority will expedite the judicial business of the department; provided, however, that in the exercise or delegation of their powers, they shall in all cases act in a manner consistent with the policies and procedures established by the court administrator and the chief justice of the trial court;

              (xiv) the power to set the days and hours during which courts within their department shall be open for business;

              (xv) the chief justice shall have the responsibility to sit and perform judicial duties, within his department, during the course of the calendar year;

              (xvi) the chief justice shall have the power to discipline any justice assigned or appointed to his department who refuses or fails to comply with any order concerning the performance of his duties as justice or any other lawful order of the chief justice or deputy court administrator of his department; provided, the chief justice shall also have the power to require any justice assigned or appointed to his department to participate in a judicial enhancement program in response to any action of such justice which brings the judiciary into disrepute, which lowers the public confidence in the judiciary or which impedes the administration of justice. A justice who is disciplined by the chief justice may appeal the imposition of discipline to the chief justice of the trial court. Any justice aggrieved by decision of the chief justice of the trial court may appeal said decision to the supreme judicial court. Consistent with the provisions of chapter 211C, all proceedings, documents, and other matters relating to such discipline shall at all times be confidential and not open to the public unless the justice appealing the disciplinary action agrees that the same shall not be confidential, or unless the supreme judicial court determines that it is in the public interest for any such proceeding, document, or other matter relating to such discipline to be made public. All disciplinary action imposed by a chief justice, whether consensual or not, shall be reported to the supreme judicial court by the chief justice; and

              (xvii) the power, notwithstanding any law to the contrary, to transfer cases between courts consistent with the efficient distribution of caseload and workload within said department;

              The chief justice and deputy court administrator shall likewise allocate between themselves in a manner on which they agree and subject to the approval of the chief justice of the trial court and the court administrator, the powers assigned to the chief justice pursuant to section 6 of chapter 29A; section 4 of chapter 185C; section 5 of chapter 185C; section 9 of chapter 185C; section 10 of said chapter 185C; section 11 of chapter 185C; section 14 of chapter 185C; section 16 of chapter 185C; section 13 of said chapter 211B; section 19 of chapter 212; section 23 of chapter 217;  section 23A of said chapter 217; section 23C of chapter 217; section 28 of chapter 217;  section 29 of chapter 217;  section 29A of chapter 217;  section 29B of chapter 217; section 29C of chapter 217; , section 29D of chapter 217; section 29E of chapter 217; section 29F of chapter 217;  section 29G of chapter 217; section 29H of chapter 217; section 29I of chapter 217; section 29J of chapter 217; section 29K of chapter 217; section 29L of chapter 217; section 42 of chapter 217; section 9 of chapter 218; section 15 of chapter 218; section 19D of chapter 218; section 43E of chapter 218; said section 58 of chapter 218; section 67 of chapter 218; section 70 of chapter 218; section 6 of chapter 220; section 62B of chapter 221; section 91 of chapter 221; section 99 of chapter 221; section 1B of chapter 279 or any other general or special law that are not inherently judicial in nature.

              The chief justice and deputy court administrator shall be provided with suitable offices.

              Section 10A. A first justice, in addition to his judicial powers and duties as a justice of the trial court and in addition to his general powers of superintendence as first justice of a particular court within the trial court, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211 and the authority of the chief justice and deputy court administrator of the first justice’s department of the trial court as provided in section 10, be the administrative head of his court; provided, however, that clerks, recorders and registers shall have responsibility for the internal administration of their respective offices, including the selection, appointment, and management of personnel, staff services and record keeping. A first justice or a clerk, recorder or register of the court may submit any dispute that arises between said first justice and said clerk, recorder or register, concerning the management and administration of the office of the clerk, recorder, or register, the duties, powers and obligations of the clerk, recorder, or register, or a member of their staff, or the interpretation of the personnel standards provided for under section 8 of chapter 211B, to the deputy court administrator of the department. Any person aggrieved by a decision of a deputy court administrator under this paragraph may appeal said decision to the court administrator, who shall, within thirty days, hear and determine the matter. A first justice shall also have the following power, authority and responsibility within his court:

              (i) the power, subject to the approval of the deputy court administrator of his department, to appoint, dismiss, discipline, supervise, assign, evaluate, transfer and define the duties of all non-judicial personnel within his court, including special masters, court reporters, law clerks and other support personnel; except personnel in the office of the clerk, recorder or register; provided any such non-judicial personnel aggrieved by any action under this paragraph may appeal to the deputy court administrator of the department who shall forthwith hear and determine the matter. Any person aggrieved by a decision of a deputy court administrator under this paragraph may appeal said decision to the court administrator, who shall, within 30 days, hear and determine the matter.

              (ii) the power, subject to the approval of the chief justice of his department, to supervise and assign duties to all justices appointed to or assigned to his court; and to authorize such justices to delegate the calling of the list to the clerk of the court where appropriate to the administration of justice.

              (iii) the responsibility to bring to the attention of the deputy court administrator of his department all disputes concerning all clerks, recorders and registers, or their personnel, appointed to or assigned to his court; provided any person aggrieved by any action under this paragraph, may appeal to the deputy court administrator of the department who shall forthwith hear and determine the matter. Any person aggrieved by a decision of a deputy court administrator under this paragraph may appeal said decision to the court administrator, who shall, within 30 days, hear and determine the matter; and

              (iv) the first justice shall periodically prepare and submit to the deputy court administrator of his department an estimate, in detail, for the ordinary maintenance of the division or place for holding court, and all revenues therefrom as provided in clause (5) of the first paragraph of section 3 of chapter 29. Said estimate shall include estimates of all sums which the commonwealth is obligated to pay under the provisions of chapter 29A, together with any information which the deputy court administrator may require. In turn, the deputy court administrator shall periodically prepare and submit to the court administrator an estimate, in detail, for the ordinary maintenance of the first paragraph of section 3 of chapter 29. Said estimate shall include salaries of all officers and employees within the office and shall include estimates of all sums which the commonwealth is obligated to pay under the provisions of chapter 29A, together with any other information which the court administrator may require.

              SECTION 54. Section 10B of said chapter 211B, as so appearing, is hereby amended by striking out, in lines 7, 8, 17, 24, 31, 33, 36, 37, 38, 39, 42, 43, 44, 50, 53, and 54, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 55. Section 10C of said chapter 211B, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “for administration and management, the chief justices” and inserting in place thereof the following words:- of the trial court, court administrator, and the chief justices.

              SECTION 56. Chapter 211B of the General Laws is hereby further amended by inserting after Section 10C, as so appearing, the following section:-

              Section 10D. (a) Each applicant for initial appointment as a court officer within the trial court shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine their form, method, and subject matter. Each such examination shall fairly test the knowledge, skills, and abilities which can be fairly and reliably measured and which are actually required to perform the primary or dominant duties of the position of court officer. Applicants shall score at least 80 per cent on such examination to be eligible for further consideration.

             

              (b) The name of each applicant for initial appointment as a court officer within the trial court successfully completing the exam pursuant to subsection (a) shall be forwarded to the court administrator, or his designee, who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for appointment as a court officer.

              (c) Those applicants successfully passing the examination pursuant to subsection (a) and deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (b) shall be subject to an investigative and interview process which shall include, without limitation: (i) an investigation into the applicant’s work history and personal interests to ensure that he or she is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behavioral based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that said candidate assessments shall focus on the specific requirements of the position.

              (d) Those applicants successfully passing the examination pursuant to subsection (a), deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (b), and successfully completing the interview and investigative process pursuant to subsection (c) shall be eligible for appointment by the court administrator. The court administrator may, notwithstanding any general or special law to the contrary, appoint court officers to the several sessions of the trial court as he deems necessary in consultation with the chief justice of the trial court.

              (e) Any court officer seeking promotion within the trial court shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine their form, method, and subject matter. Each such examination shall fairly test the knowledge, skills, and abilities which can be fairly and reliably measured and which are actually required to perform the primary or dominant duties for the position being applied. Applicants shall score at least 80 per cent on such examination to be eligible for further consideration.

              (f) The name of each applicant for promotion successfully completing the exam pursuant to subsection (e) shall be forwarded to the court administrator, or his designee, who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for promotion.

              (g) Those applicants successfully passing  the examination pursuant to subsection (e) and deemed by the court administer to have met the minimum criteria for promotion pursuant to subsection (f) shall be subject to an investigative and interview process which shall include, without limitation: (i) an investigation into the applicant’s work history and personal interests to ensure that he or she is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behavioral based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that said candidate assessments shall focus on the specific requirements of the position.

              (h) Those applicants successfully passing the examination pursuant to subsection (e), deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (f), and successfully completing the interview and investigative process pursuant to subsection (g) shall be eligible for promotion by the court administrator.

              (i) All court officers of the trial court shall devote their full time and attention to the duties of their office during regular business hours.

              SECTION 57. Said chapter 211B is hereby further amended by striking out section 12 and inserting in place thereof the following section:-

              Section 12. There may be an office of court management within the trial court, under the executive control of a court administrator, to support judicial functions, performance and management of the trial court. Said court administrator shall be appointed by a majority vote of the justices of the supreme judicial court; provided, however, that said court administrator shall have significant leadership experience in the fields of management and finance and shall not be a justice of the trial court. Said court administrator shall be paid a salary equal to that of the chief justice of the trial court. The court administrator shall hold said office for a term of 5 years, shall be eligible to be reappointed for additional 5 year terms, and shall devote his full time to the duties of his office.  The court administrator shall perform such duties and responsibilities as may be prescribed by law and as the chief justice of the supreme judicial court may from time to time designate. The court administrator may be removed by a majority vote of the justices of the supreme judicial court.

              The chief justice for administration and management and the court administrator shall endeavor to resolve between themselves all differences or disputes they may have regarding the management and administration of the trial court. If, after due discussion and collaboration, they are unable to do so, either may submit the issue to the chief justice of the supreme judicial court who, after determining why the chief justice and the court administrator were unable to resolve the issue, shall promptly decide it. The decision of the chief justice of the supreme judicial court shall be final and binding.

              SECTION 58. Chapter 211B is hereby further amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-

              The court administrator may appoint such other personnel as are necessary for the administration of the trial court. Said personnel shall receive salaries to be fixed by the court administrator and subject to appropriation.

              SECTION 59. Section 13 of said chapter 211B, as so appearing, is hereby amended by striking out, in lines 16, 23, and 29, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 60. Section 19 of said chapter 211B, as so appearing, is hereby further amended by striking out, in lines 1, 11 and 25, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 61. Section 20 said chapter 211B, as so appearing, is hereby further amended by striking out, in lines 2 and 14 through 15, inclusive, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 62. Section 1 of chapter 211C of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the word “administrative”.

              SECTION 63. Section 6 of said chapter 211C of the General Laws, as so appearing, is hereby amended by striking out, in line 33, the word “administrative”.

              SECTION 64. Section 1 of chapter 211E of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 65. Section 3 of said chapter 211E, as so appearing, is hereby amended by striking out, in line 154, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 66. Section 1 of chapter 212 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following  paragraph:-

              The superior court department of the trial court of the commonwealth, established pursuant to section 1 of chapter 211B, shall consist of 82 justices appointed to the department. The justice as provided under section one of chapter 211B as the chief justice for the superior court department, in addition to his judicial powers and duties, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power authority and responsibility of a chief justice as set forth in section 10 of chapter 211B.

              SECTION 67. Chapter 212 of the General Laws is hereby further amended by inserting after section 1, as so appearing, the following section:-

              Section 1A. The deputy court administrator as provided under section 1 of chapter 211B shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power authority and responsibility of a deputy court administrator as set forth in section 10 of chapter 211B.

              SECTION 68. Section 14A of said chapter 212, as so appearing, is hereby amended by striking out, in lines 39 and 49, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 69. Section 20A of said chapter 212, as so appearing, is hereby amended by inserting, in line 10, after the words “chief justice of the superior court department” the following words:- in consultation with the court administrator.

              SECTION 70. Said section 20A of said chapter 212, as so appearing, is hereby further amended by striking out, in line 15, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 71. Section 54 of chapter 215 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 72. Section 62 of said chapter 215, as so appearing, is hereby amended by striking out, in line 4, the words “for administration and management”.

              SECTION 73. Section 2 of chapter 217, as so appearing, is hereby amended by striking out, in lines 22, 31, and 32, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 74. Said section 2 of said chapter 217, as so appearing, is hereby further amended by striking out the second sentence of the second paragraph and inserting in place thereof the following sentence:-

              Any first justice may be removed from his position as first justice by the chief justice of the probate and family court department.

              SECTION 75. Said chapter 217 is hereby amended by striking out section 8, as so appearing, and inserting in place thereof the following 2 sections:-

              Section 8. The justice provided for under the provisions of section 1 of chapter 211B as the chief justice for the probate and family court department, in addition to his judicial powers and duties, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and responsibility of a chief justice as set forth in section 10 of chapter 211B.

              The chief justice may establish forms for the annual reports of the work of the registers of the several courts; and said registers shall annually on or before October 1 prepare and file with the chief justice reports of the work of said courts during the preceding court year, and said reports shall also be filed with the chief justice of the trial court. Said chief justice of the probate and family court shall also have the powers and duties described in section 10 of chapter 211B and section 42 of this chapter; except that none of the powers herein described or referred to shall be construed as authorizing said chief justice to alter or affect the provisions of sections 58, 59, 60 or 62 of chapter 215.

              Section 8½. The deputy court administrator provided for under the provisions of section 1 of chapter 211B as the deputy court administrator for the probate and family court department shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and responsibility of a deputy court administrator as set forth in section 10 of chapter 211B.

              SECTION 76. Said chapter 217 of the General Lawsis hereby further amended by striking out section 8A, as so appearing, and inserting in place thereof the following new section:-

              Section 8A. The chief justice and deputy court administrator shall be provided with suitable offices.

              SECTION 77. Section 17 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in lines 1, 5 through 6, inclusive, 13 through 14, inclusive, 18 through 19, inclusive, 21 through 22, inclusive, 23 through 24, inclusive, 30, 34, and 44 the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 78. Section 1 of chapter 211F of the General Laws, as so appearing, is hereby amended by striking out the definition of “chief justice”.

              SECTION 79. Said section 1 of said chapter 211F, as so appearing, is hereby further amended by inserting after the definition of “Community corrections plan” the following definition:-

              “Court administrator”, the court administrator of the trial court.

              SECTION 80. Section 6 of said chapter 211F, as so appearing, is hereby amended by striking out, in lines 5, 6, and 14, the words “for administration and management”.

              SECTION 81. Section 23B of said chapter 217, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 82. Section 6 of said chapter 218, as so appearing, is hereby amended by striking out the third through sixth paragraphs, inclusive, and inserting in place thereof the following 4 paragraphs:-

              The chief justice of the district court department shall have the power to appoint the first justice of each of the various courts within the district court department, subject to the approval of the chief justice of the trial court, and to define his duties; provided, however, 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 court for a 5 year term and shall be eligible to be reappointed for additional 5 year terms at that particular court. Any first justice may be removed from his position as first justice by the chief justice of the district court department.

              Citations, orders of notice, writs, executions and all other processes issued by the clerk of the court shall bear the test of the first justice thereof or the chief justice of the department.

              SECTION 83. Section 8 of said chapter 218, as so appearing, is hereby amended by striking out, in lines 18, 19, 22, and 23, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 84. Section 10 of said chapter 218, as so appearing, is hereby amended by striking out, in lines 2, 107, 108, 111, 116, 117, 138, and 139, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 85. Section 11 of said chapter 218, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 86. Said section 19B of said chapter 218, as so appearing, is hereby amended by striking out, in lines 23, 24, and 27, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 87. Said chapter 218 is hereby amended by striking out section 42A, as so appearing, and inserting in place thereof the following 2 sections:-

              Section 42A. The justice, as provided under section one of chapter 211B, as the chief justice for the district court department, in addition to his judicial powers and duties, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and responsibility of a chief justice as set forth in section 10 of chapter 211B.

              In addition to the powers conferred in section 10 of said chapter 211B, said chief justice shall have the powers and duties prescribed in sections 43 to 43B, inclusive, of this chapter and in such other provision of statute.

              Section 42B. The deputy court administrator for the district court department, as provided under section 1 of chapter 211B shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and responsibility of a deputy court administrator as set forth in section 10 of chapter 211B.

              SECTION 88. Section 50 of said chapter 218, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 89. Said chapter 218 is hereby further amended by striking out section 51A, as so appearing, and inserting in place thereof the following section:-

              Section 51A. The justice provided for under section 1 of chapter 211B as the chief justice of the Boston municipal court department, in addition to his judicial powers and duties, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the powers and responsibilities of a chief justice as set forth in section 10 of chapter 211B.

              The deputy court administrator of the Boston municipal court department as provided for under section 1 of chapter 211B shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the powers and responsibilities of a deputy court administrator as set forth in section 10 of chapter 211B; provided, however, that the clerk shall have responsibility for the internal administration of his office, including the selection, appointment, and management of personnel, staff services and record keeping.

              The chief justice of the Boston municipal court department shall have the power to appoint the first justice of each of the various divisions within the Boston municipal court department, subject to the approval of the chief justice of the trial court, and to define his duties; provided, however, 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 court for a 5 year term and shall be eligible to be reappointed for additional 5 year terms at that particular court. Any first justice may be removed from his position as first justice by the chief justice of the Boston municipal court department.

              SECTION 90. Section 53 of said chapter 218, as so appearing, is hereby amended by striking out, in lines 5, 6, 27, 30, and 31, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 91. Said chapter 218 is hereby further amended by striking out section 57A, as so appearing, and inserting in place thereof the following 2 sections:-

              The justice provided for under section one of chapter 211B as the chief justice for the juvenile court department, in addition to his judicial powers and duties, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the powers and responsibilities set forth in section 10 of chapter 211B; provided, however, that the clerk of such court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.

              Said chief justice may require uniform practices, may prescribe forms of blanks and records.

              Said chief justice shall also prescribe official forms to be used in all courts of the juvenile court department and in juvenile sessions of the district court department.

              Section 57B. The deputy court administrator for the juvenile court department as provided for under section 1 of chapter 211B shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the powers and responsibilities set forth in section 10 of chapter 211B; provided, however, that the clerk of such court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.

              SECTION 92. Section 58 of said chapter 218, as so appearing, is hereby amended by striking out the sixth sentence of the first paragraph and inserting in place thereof the following sentence:-

              Any first justice may be removed from his position as first justice by the chief justice of the juvenile court department.

              SECTION 93. Said section 58 of said chapter 218, as so appearing, is hereby further amended by striking out, in line 36, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 94. Said section 58 of said chapter 218, as so appearing, is hereby further amended by striking out, in lines 51, 59, 86, 87, 113, 114, 117, 118, 120, the words “chief justice for administration and management” and inserting in place thereof the words:- court administrator.

              SECTION 95. Section 67 of said chapter 218, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 96. Section 79 of said chapter 218, as so appearing, is hereby amended by striking out, in lines 16, 17, 20, and 21, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 97. Section 80 of said chapter 218, as so appearing, is hereby amended by striking out, in lines 21, 22, and 25, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 98. Section 5 of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 99. Section 16A of said chapter 221, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “chief justice for administration and management” and inserting in place thereof the following words:- chief justice of the trial court.

              SECTION 100. Section 69 of said chapter 221, as so appearing, is hereby amended by striking out, in lines 4, 5, 9, and 10, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 101. Section 69A of said chapter 221, as so appearing, is hereby amended by striking out, in line 17, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 102. Section 70 of said chapter 221, as so appearing, is hereby amended by striking out, in lines 1, 2, and 6, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 103. Section 70A of said chapter 221, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 104. Section 71 of said chapter 221, as so appearing, is hereby amended by striking out, in lines 1, 4, 5, and 7, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 105. Section 71A of said chapter 221, as so appearing, is hereby amended by striking out, in lines 1, 5, and 6, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 106. Section 72 of said chapter 221, as so appearing, is hereby amended by striking out, in line 5, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 107. Section 80 of said chapter 221, as so appearing, is hereby amended by striking out, in line 5, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 108. Section 102 of said chapter 221, as so appearing, is hereby amended by striking out, in line 5, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 109. Section 3 of chapter 221A of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “chief administrative justice” and inserting in place thereof the following words:- chief justice of the trial court.

              SECTION 110. Section 3 of chapter 221B of the General Laws, as so appearing, is hereby amended by striking out, in lines 3, 6, and 20, the words “administrative” and inserting in place thereof the following words:- justice of the trial court.

              SECTION 111. Section 7 of chapter 221C of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

              (a) There shall be a committee for the administration of interpreters for the trial court, which committee shall consist of the chief justice of the trial court, who shall be the chairman of said committee, the chief justice of the district court department and one justice and one clerk-magistrate of said department appointed by said chief justice, a justice and a clerk or an assistant clerk of the superior court department appointed by the chief justice of said department, a judge of the probate and family court department appointed by the chief justice of said department and one other justice, judge or clerk-magistrate appointed by the chief justice of the trial court.

              SECTION 112. Said section 7 of said chapter 221C, as so appearing, is hereby further amended by striking out, in lines 12, 13, and 16, the words “administrative justice” and inserting in place thereof the following words:- justice of the trial court.

              SECTION 113. Section 9 of chapter 258C of the General Laws, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 114. Section 9 of chapter 258D of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 115. Section 6 of chapter 258E of the General Laws, as inserted by chapter 23 of the acts of 2010, is hereby amended by striking out in the second sentence the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 116. Section 11 of said chapter 258E, as so inserted, is hereby amended by striking out in the first sentence the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 117. Section 27G of chapter 261 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 5, 6, 7, 13, and 15 the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 118. Section 4B of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 119. Section 39 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in lines 39 and 40, the words “for administration and management” and inserting in place thereof the following words:- of the trial court.

              SECTION 120. Chapter 268A of the General Laws is hereby amended by inserting after section 6A, as so appearing, the following section:-

              Section 6B. Each person applying for employment by a state agency must disclose in writing, upon such application, the names of all immediate family, as well as persons related to immediate family by marriage, who are state employees.

              All disclosures made by applicants hired by a state agency shall be made available for public inspection to the extent permissible by law by the official with whom such disclosure has been filed.

              SECTION 121. Said chapter 268A of the General Laws is hereby further amended by inserting after section 8B, as so appearing, the following section:-

              Section 8C. Notwithstanding any general or special law to the contrary, a state agency shall only consider a recommendation for a candidate in any hiring process if said recommendation is made in written form. Such recommendations shall be kept from the hiring authority until the final stage of the hiring process.

              SECTION 122. Chapter 276 of the General Laws, as so appearing, is hereby amended by striking out section 83 and inserting in place thereof the following section:-

              Section 83. (a) Each applicant for initial appointment as a probation officer within the office of the commissioner of probation shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine their form, method, and subject matter. Each such examination shall fairly test the knowledge, skills, and abilities which can be fairly and reliably measured and which are actually required to perform the primary or dominant duties of the position of probation officer. Applicants shall score at least 80 per cent on such examination to be eligible for further consideration.

             

              (b) The name of each applicant for initial appointment as a probation officer within the office of the commissioner of probation successfully completing the exam pursuant to subsection (a) shall be forwarded to the court administrator, or his designee, who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for appointment as a probation officer.

              (c) Those applicants successfully passing the examination pursuant to subsection (a) and deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (b) shall be subject to an investigative and interview process which shall include, without limitation: (i) an investigation into the applicant’s work history and personal interests to ensure that he or she is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behavioral based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that said candidate assessments shall focus on the specific requirements of the position.

              (d) Those applicants successfully passing the examination pursuant to subsection (a), deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (b), and successfully completing the interview and investigative process pursuant to subsection (c) shall be eligible for appointment by the commissioner as a probation officer. The commissioner may appoint probation officers to the several sessions of the trial court as he deems necessary, with the approval of the court administrator.

              (e) Any probation officer seeking promotion within the office of the commissioner of probation shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine their form, method, and subject matter. Each such examination shall fairly test the knowledge, skills, and abilities which can be fairly and reliably measured and which are actually required to perform the primary or dominant duties for the position being applied. Applicants shall score at least 80 per cent on such examination to be eligible for further consideration.

              (f) The name of each applicant for promotion within the office of the commissioner of probation successfully completing the exam pursuant to subsection (e) shall be forwarded to the court administrator, or his designee, who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for promotion.

              (g) Those applicants successfully passing the examination pursuant to subsection (e) and deemed by the court administer to have met the minimum criteria for promotion pursuant to subsection (f) shall be subject to an investigative and interview process which shall include, without limitation: (i) an investigation into the applicant’s work history and personal interests to ensure that he or she is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behavioral based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that said candidate assessments shall focus on the specific requirements of the position.

              (h) Those applicants successfully passing the examination pursuant to subsection (e), deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (f), and successfully completing the interview and investigative process pursuant to subsection (g) shall be eligible for promotion pursuant to subsection (i).

              (i) In any court having 2 or more probation officers, the first justice, subject to the approval of the court administrator and the commissioner of probation, may designate 1 probation officer to serve as chief probation officer and may designate other probation officers to serve as assistant chief probation officers, as he deems necessary for the effective administration of justice.

              A first justice may recommend to the commissioner of probation the initiation of

              disciplinary proceedings against any probation officer so promoted, provided, however, that said probation officers shall receive a hearing by the commissioner of probation prior to being discharged and may appeal any suspension, discipline or discharge to the court administrator.

              (j) The compensation of probation officers in the trial court shall be paid by the commonwealth according to schedules established in section 99B or in a provision of an applicable collective bargaining agreement.

              (k) All probation officers shall devote their full time and attention to the duties of their office during regular business hours.

              (l) Probation officers appointed within the probate and family court department of the trial court shall be known as family services officers.

              SECTION 123. Section 86 of Chapter 276 of the General Laws is hereby repealed.

              SECTION 124. Section 88 of said chapter 276, as so appearing, is hereby amended by striking out, in line 18, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 125. Section 89 of said chapter 276, as so appearing, is hereby amended by striking out, in lines 41 and 42, the words “chief administrative justice” and inserting in place thereof the following words:- court administrator.

              SECTION 126. Section 89A of said chapter 276, as so appearing, is hereby amended by striking, in line 11, the words “chief justice for administration and management” and inserting in place thereof the following words:- court administrator.

              SECTION 127. Chapter 276 of the General Laws, as so appearing, is hereby further amended by striking out sections 98 to 99, inclusive, and inserting in place thereof the following 3 sections:-

              Section 98. There shall be an office of probation which shall be under the supervision, direction and control of a commissioner of probation. The commissioner shall be appointed, and may be removed, by the chief justice of the trial court and the court administrator, with the advice of the chief justice of the juvenile court, the chief justice of the superior court, the chief justice of the district court, the chief justice of the probate and family court, and the chief justice of the Boston municipal court and shall be a person of skill and experience in the field of criminal justice. The commissioner shall be the executive and administrative head of the office of probation and shall be responsible for administering and enforcing the provisions of law relative to the office of probation and to each administrative unit thereof. The commissioner shall serve a term of 5 years, may be reappointed, shall receive such salary as may be determined by law, and shall devote his full time to the duties of his office. In the case of an absence or vacancy in the office of the commissioner, or in the case of disability as determined by the chief justice of the trial court, said chief justice may designate an acting commissioner to serve as commissioner until the vacancy is filled or the absence or disability ceases. The acting commissioner shall have all the powers and duties of the commissioner and shall have similar qualifications as the commissioner.

              Subject to the approval and consent of the court administrator, the commissioner may appoint deputies, supervisors and assistants necessary for the performance of his duties. Said deputies, supervisors and assistants, shall receive a salary to be fixed by the court administrator and subject to appropriation. Subject to the approval and direction of the chief justice of the trial court and the court administrator, the commissioner shall perform such duties and responsibilities as otherwise provided by law or as designated from time to time by said chief justice and the court administrator. The commissioner shall be responsible for making recommendations to the chief justice of the trial court and the court administrator on:

              (i) the supervision and evaluation of all probation programs within the trial court;

              (ii) the evaluation of the probation service in each court of the commonwealth;

              (iii) the compilation, evaluation, and dissemination of statistical information on crime, delinquency, and appropriate family service matters available in his records;

              (iv) the recruitment, training, and educational development of probation officers;

              (v) the evaluation of the work performance of probation officers; and

              (vi) planning, initiating, and developing volunteer, diversion, and other programs in consultation with probation officers throughout the commonwealth.

              Section 98A. There shall be an advisory board to assist the commissioner of probation and the court administrator with the management of the office of probation. The board shall consist of 7 members to be appointed by the supreme judicial court: 2 persons who have significant experience in criminal justice, 2 persons who have significant experience in public policy, 2 persons who have significant experience in management, and 1 person who has significant experience in human resources management. Upon the expiration of the term of any appointive member, his successor shall be appointed in a like manner for a term of 3 years.

              A person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term of the former member. The maximum amount of time that said members may serve on said board shall be 2 such terms. The board shall annually elect 1 of its members to serve as chair and 1 of its members to serve as vice-chair. The chair shall hold regular meetings, and shall notify all board members of the time and place of all meetings.

              Members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. The court administrator shall serve as the executive secretary of the board, and the office of probation shall provide, at the request of the board, detailed reports regarding the work of probation in the court.

              The board shall advise the commissioner of probation and the court administrator on all matters of probation reform. The board shall make recommendations to the commissioner of probation and the court administrator and shall forward such recommendations to the house and senate committees on ways and means.

              Section 99.  The commissioner shall have executive control and supervision of the probation service and shall have the power to:

              (1)              Supervise the probation work in all of the courts of the commonwealth and for such purposes he and his staff shall have access to all probation records of said courts;

              (2)              Subject to the approval of the chief justice of the trial court, establish reports and forms to be maintained by probation officers; procedures to be followed by probation officers; standards and rules of probation work, including methods and procedures of investigation, mediation, supervision, case work, record keeping, accounting, caseload and case management;

              (3)              Promulgate rules and regulations concerning probation officers or offices provided said rules and regulations have been approved in writing by the court administrator subject to 150E;

              (4)              Assist the court administrator in developing standards and procedures for the performance evaluation of probation officers, and assist each first justice in evaluating the work performance of probation officers;

              (5)              Receive all notices of intended disciplinary action against a probation officer or supervising probation officer including reprimand, fine, suspension, demotion or discharge, that may be initiated by a first justice, supervisor or chief probation officer;

              (6)              Develop and conduct basic orientation and in-service training programs for probation officers, such programs to be held at such times and for such periods as he shall determine;

              (7)              Conduct research studies relating to crime and delinquency, and, may participate with other public and private agencies in joint research studies;

              (8)              Annually submit written budget recommendations for the probation service to the court administrator; in addition to the budget requests submitted by the first justices on behalf of their respective courthouse or courthouses, including probation offices.

              (9)              Annually conduct regional meetings with chief probation officers to discuss the budget needs of the local probation offices; and

              (10)              Hold conferences on probation throughout the commonwealth, provided, that the traveling expenses of trial court justices or probation officers authorized by the chief justice for administration and management to attend any such conference shall be paid by the commonwealth.

              SECTION 128.  Notwithstanding any general or special law to the contrary, any incumbent serving a term of office described in chapter 211B shall perform, so far as practicable, the duties prescribed for the respective office until the end of their current term; provided, however, that this section shall not limit or restrict administrative authorities in exercising supervision of, or control over, their employees, or in assigning related, incidental, or emergency duties to them.

              SECTION 129. Notwithstanding any general or special law to the contrary, the court administrator shall identify administrative activities and functions common to the separate officers, divisions, and departments within the trial court for consolidation in order to improve administrative efficiency and preserve fiscal resources and shall, subject to the review of the court management advisory board established pursuant to section 6A of chapter 211B, make recommendations to the supreme judicial court as to the designation of such functions as ‘core administrative functions’; provided, however, that common functions that shall be designated core administrative functions shall include, but not be limited to, human resources, financial management, information technology, legal, procurement and asset management.

              SECTION 130. Notwithstanding any general or special law to the contrary, on December 31 and annually thereafter, the court management advisory board established pursuant to section 6A of chapter 211B shall report to the supreme judicial court, the joint committee on the judiciary, the joint committee on state administration, and the house and senate committees on ways and means on the trial court’s progress in implementing the requirements of this chapter. The report shall also include recommendations to improve the management of the trial court, including but not limited to consolidation of core administrative functions, and proposed legislation to effectuate the recommendations contained in said report.

              SECTION 131. Notwithstanding any general or special law to the contrary, the incumbent of the office of commissioner of probation designated under section 98 of chapter 276 shall continue to hold said position until January 31, 2013. Said incumbent shall be eligible for reappointment to said office under the process established under said section 98.

              SECTION 132. Notwithstanding any general or special law to the contrary, the office of probation, the parole board, the department of correction, the various county sheriffs and the department of criminal justice information services shall, to the extent practicable and given available resources, share information relative to persons under the supervision of the respective departments.

              SECTION 133. Notwithstanding any general or special law to the contrary, the office and probation and the parole board shall establish a working group to identify functions common to the office of probation and the parole board in order to adequately address the treatment and supervision of persons under the jurisdiction of the departments. The working group shall make recommendations, including any proposed legislation, to the supreme judicial court, governor, court administrator, and house and senate committees on ways and means not later than December 31, 2012.

              SECTION 134. Notwithstanding any general or special law to the contrary, in making their initial appointments to the advisory board on probation established pursuant to section 98A of chapter 276, the supreme judicial court shall appoint 2 members to serve for a term of 1 years, 3 members to serve for a term of 2 years, and 2 members to serve for a term of 3 years. 

              SECTION 135. Notwithstanding any general or special law to the contrary, the court administrator established pursuant to section 6B of chapter 211B shall devise and implement a hiring model for the trial court that shall be applicable to the hiring of all trial court employees and shall containing, without limitation, the following elements: (i) an accurate job description and the essential competencies successful applicants must possess; (ii) posting of all vacancies required to be posted in a visible manner and recruiting measures designed to attract a broad range of qualified applicants; (iii) development and use of objective screening criteria; (iv) use of uniform and standard applications; (v) structured interviews with job-related questions and standardized rating forms; (vi) reference checks; and (vii) final recommendations.

              SECTION 136. Notwithstanding any general or special law to the contrary, the court administrator established pursuant to section 6B of chapter 211B shall devise and implement a applicant tracking system which shall track all information about candidates for employment with the trial court and the hiring process, including without limitation resumes, assessment results, all recommendations and references however transmitted and by whomever received, the identity of the decision makers at each step of the process and any scoring by those decision makers.

              SECTION 137. Notwithstanding any general or special law to the contrary, as used in sections 56, 122, and 124 to 127, inclusive, of this act, the term court administrator shall mean the chief justice for administration and management established pursuant to section 6 of chapter 211B; provided, however, that upon appointment of a court administrator pursuant to section 12 of chapter 211B of the General Laws, as used in sections 56, 122, and 124 to 127, inclusive, of this act, the term court administrator shall mean the court administrator so appointed pursuant to said section 211B.

              SECTION 138. Sections 57 and 137 of this act shall expire on July 1, 2012.

              SECTION 139. Sections 2 to 55, inclusive, 58 to 119, inclusive, 129, 135, and 136 shall take effect on July 1, 2012.

              SECTION 140. Except as otherwise provided in this act, this act shall take effect on July 1, 2011.

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