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  • PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
  • TITLE I COURTS AND JUDICIAL OFFICERS
  • CHAPTER 211B TRIAL COURT OF THE COMMONWEALTH
  • Section 10A First justices; powers and duties

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 recordkeeping. 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 30 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, however, that 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, however, that 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.