Mass. Gen. Laws ch. 212, sec. 14A — MA Code / Part III / Title I / Chapter 212 / Section 14A
Sittings; first justices; powers and duties; terms; removal
Status: in_force

Section 14A. Subject to section fourteen of chapter two hundred and fourteen, the chief justice of the superior court department shall establish from time to time a regular sitting or regular sittings of said court at each of the places named in section fourteen of this chapter, may establish special sittings and separate sessions of regular or special sittings at any of said places, may establish sittings for naturalization at any city or town, and may designate the class or classes of business for which any sitting or session is established. Regular sittings heretofore established by said chief justice shall, unless changed, be held at the same times and places from year to year, but may be changed at any time by him subject to the provisions of section fourteen. An order establishing or changing the time or place of a sitting in any county shall be entered on the records of the court in such county, and public notice shall be given by posting a copy of such order in the office of the clerk in such county within fifteen days after the date thereof, or otherwise as said chief justice may direct. In addition to the powers conferred upon said chief justice under section ten of chapter two hundred and eleven B and for the purpose of the efficient administration of the business of the department, he may designate, from time to time, from among the justices thereof, a first justice for any county or for any group of counties; provided, however, that appropriate consideration shall be given to seniority, length of service in that particular county or group of counties and managerial ability. Said first justice shall be the administrative head of the court for that particular county or group of counties and shall have the powers enumerated in section ten A of chapter two hundred and eleven B; and as administrative head of the court, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided, however, that clerks shall have responsibility for the internal administration of their respective offices, including personnel, staff services and record keeping. A first justice or a clerk of the court may submit any dispute that arises between said first justice and said clerk concerning the management and administration of the office of said clerk the duties, powers and obligations of the clerk or a member of his staff, or the interpretation of the personnel standards provided for under section eight of chapter two hundred and eleven B, to the chief justice of the department. Any person aggrieved by a decision of a chief justice under this paragraph may appeal said decision to the chief justice of the trial court, who shall, within thirty days, hear and determine the matter. Each first justice so appointed shall serve as the first justice of that court for a five-year term and shall be eligible to be reappointed for additional five-year terms at that particular court. Any first justice may be removed during any 5 year term from his position as first justice by the chief justice of the superior court department; provided, however, that any such removal is not for arbitrary or capricious reasons. Any first justice who is removed during a five-year term from his position as first justice by the chief justice of the superior court department may appeal the removal to the chief justice of the trial court.

Section 14A. Subject to section fourteen of chapter two hundred and fourteen, the chief justice of the superior court department shall establish from time to time a regular sitting or regular sittings of said court at each of the places named in section fourteen of this chapter, may establish special sittings and separate sessions of regular or special sittings at any of said places, may establish sittings for naturalization at any city or town, and may designate the class or classes of business for which any sitting or session is established. Regular sittings heretofore established by said chief justice shall, unless changed, be held at the same times and places from year to year, but may be changed at any time by him subject to the provisions of section fourteen. An order establishing or changing the time or place of a sitting in any county shall be entered on the records of the court in such county, and public notice shall be given by posting a copy of such order in the office of the clerk in such county within fifteen days after the date thereof, or otherwise as said chief justice may direct.

In addition to the powers conferred upon said chief justice under section ten of chapter two hundred and eleven B and for the purpose of the efficient administration of the business of the department, he may designate, from time to time, from among the justices thereof, a first justice for any county or for any group of counties; provided, however, that appropriate consideration shall be given to seniority, length of service in that particular county or group of counties and managerial ability. Said first justice shall be the administrative head of the court for that particular county or group of counties and shall have the powers enumerated in section ten A of chapter two hundred and eleven B; and as administrative head of the court, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided, however, that clerks shall have responsibility for the internal administration of their respective offices, including personnel, staff services and record keeping. A first justice or a clerk of the court may submit any dispute that arises between said first justice and said clerk concerning the management and administration of the office of said clerk the duties, powers and obligations of the clerk or a member of his staff, or the interpretation of the personnel standards provided for under section eight of chapter two hundred and eleven B, to the chief justice of the department. Any person aggrieved by a decision of a chief justice under this paragraph may appeal said decision to the chief justice of the trial court, who shall, within thirty days, hear and determine the matter.

Each first justice so appointed shall serve as the first justice of that court for a five-year term and shall be eligible to be reappointed for additional five-year terms at that particular court. Any first justice may be removed during any 5 year term from his position as first justice by the chief justice of the superior court department; provided, however, that any such removal is not for arbitrary or capricious reasons. Any first justice who is removed during a five-year term from his position as first justice by the chief justice of the superior court department may appeal the removal to the chief justice of the trial court.