reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 3 - Superintendence of Inferior Courts; Power to Issue Writs and Process

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.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 3a - Administrative Assistant

Section 3A. The justices of the supreme judicial court may appoint an administrative assistant who shall have such powers and perform such duties as the justices shall determine.
The salary of said administrative assistant shall be set by the justice of the supreme judicial court. Said administrative assistant shall serve at the pleasure of the justices and shall be provided with suitable quarters in the Suffolk county courthouse in the city of Boston.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 3b - Conferences of Judges

Section 3B. The justices of the supreme judicial court may provide by rule or special order for the holding of conferences of the judges of the various courts and of invited members of the bar, for the consideration of matters relating to judicial business, the improvement of the judicial system and the administration of justice.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 4 - Removal of Officers

Section 4. A majority of the justices may, if in their judgment the public good so requires, remove from office a clerk of the courts or of their own court; and if sufficient cause is shown therefor and it appears that the public good so requires, may, upon a complaint, upon a summary hearing or otherwise, remove a clerk of the superior court in Suffolk county, or of a district court, a county commissioner, a county treasurer, sheriff, register of probate or district attorney, or the recorder of the land court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 4a - Transfer of Causes Between Supreme Judicial Court and Lower Courts

Section 4A. The supreme judicial court or a justice thereof may transfer for partial or final disposition in any appropriate lower court any cause or matter which might otherwise be disposed of by a single justice, and said lower court shall thereupon have jurisdiction thereof, subject to appeal, and shall have such assistance from other departments or from the use of writs and process as the law provides shall be available to it or any other court with respect to like causes or matters; provided, however, that no transfer shall be made of the following:—
(1) Motions for relief from judgment rendered by the supreme judicial court.
(2) Civil actions under section five of chapter two hundred and forty-nine against the supreme judicial court or the appeals court or a judicial officer thereof.
(3) Dismissal under section thirteen of chapter fifty-eight A of appeals from the appellate tax board or stays of execution of sentence after exceptions or appeal under section forty-nine A of chapter two hundred and seventy-nine.
(4) Any matter incidental to the exclusive appellate jurisdiction of the full court for which provision may hereafter be made; and further provided, that no transfer shall be made to any court other than the appeals court of the following:—
(1) Civil actions under section five of chapter two hundred and forty-nine against any court other than the supreme judicial court or the appeals court or a judicial officer thereof;
(2) Stays of execution of sentence after the filing or allowance of exceptions or the entry of an appeal under section four of chapter two hundred and seventy-nine; reductions of bail under section fifty-eight of chapter two hundred and seventy-six; summary review of questions of law pertaining to issuance or denial of preliminary injunctions in labor dispute cases under subsection (6) of section six of chapter two hundred and fourteen; summary review of workers' compensation orders pending appeal under section sixty A of chapter one hundred and fifty-two; suspension, modification or annulment of orders or judgments under section one hundred and seventeen of chapter two hundred and thirty-one pending an appeal; and stays of orders or decrees in equity and other certain matters in the probate court under sections twenty-three and twenty-four of chapter two hundred and fifteen.
In any case involving public utility rates, insurance rates, or other matter clearly affecting the public interest or an entire industry, a single justice shall file with the order of transfer a statement of his reasons therefor.
The supreme judicial court may also direct any cause or matter to be transferred from a lower court to it in whole or in part for further action or directions, and in case of partial transfer may issue such orders or directions in regards to the part of such cause or matter not so transferred as justice may require.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 6 - Questions of Law; Reservation

Section 6. Questions of law arising upon a trial or other proceeding, or upon a motion for a new trial by reason of an opinion, direction, order or refusal of one justice in matter of law, may be reserved for the consideration of the full court, and so much of the case as is necessary for understanding the question shall be reported.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 7 - Questions of Law; Argument; Order

Section 7. Unless the court for cause shown directs otherwise, questions of law in criminal cases which are entered upon the docket of the full court shall be argued in their order and before any civil cases are argued, and thereafter questions of law in civil cases which are entered upon said docket shall, when reached, be argued in their order if either party is ready. But no party shall be compelled to be ready for argument within ten days after the question has been duly reserved of record in the court in which the case is pending.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 8 - Judgment or Rescript After Decision

Section 8. The full court shall, as soon as may be after the decision of the questions submitted to it, make and enter a proper order, direction or judgment for the further disposition of the case, or cause a rescript, containing a brief statement of the grounds and reasons of the decision, to be filed therein; it may remand the record to the trial court to carry such judgment into effect, or instead thereof, the full court may order a new trial or further proceedings at the bar of the supreme judicial court, or order sentence to be awarded or execution issued in said court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 9 - Records and Rescripts; Contents

Section 9. The records and rescripts which are made after the decision of questions of law shall contain a brief statement of the reasons therefor; and if no further opinion is written within sixty days, the reporter shall publish the case with the opinion contained in such record or rescript.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 10 - Frivolous Appeals; Costs and Interest

Section 10. If, upon the hearing of an appeal in any proceeding, it appears that the appeal is frivolous, immaterial or intended for delay, the court may, either upon motion of a party or of its own motion, award against the appellant double costs from the time when the appeal was taken and also interest from the same time at the rate of twelve per cent a year on any amount which has been found due for debt and damages, or which he has been ordered to pay, or for which judgment has been recovered against him, or may award any part of such additional costs and interest.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 12 - Law Sittings; Adjournments

Section 12. The supreme judicial court shall hold sittings for the hearing and determination of questions of law arising in any cases at such times and places as the court shall by rule determine, and any such sittings may be adjourned to such places and times as shall appear to the court to be most conducive to the dispatch of business and to the interests of the public.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 14 - Transfer of Cases by Full Court

Section 14. The full court sitting in any county, or for the commonwealth, shall have jurisdiction of all questions of law and of all cases and matters at law or in equity, civil or criminal, which arise in any county other than that in or for which it is sitting, and which might properly be heard and determined by it sitting for such county; and, upon the application of a party, the full court may order any such questions of law, or case or matter, to be entered and determined by the full court sitting in any county, or for the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 15 - Criminal Cases; Hearings

Section 15. The exceptions alleged at the trial of a criminal case in any county, not subject to the provisions of sections thirty-three A to thirty-three G, inclusive, of chapter two hundred and seventy-eight in accordance with said provisions or not made subject thereto by order of a justice of the superior court in accordance with section thirty-one of said chapter, may be entered and determined either at the law sitting of the supreme judicial court held for the county in which they arise, or, upon the order of the justice presiding at the trial, at the sitting of the court for the commonwealth including an adjourned sitting.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 16 - Hearing in Boston of Questions Arising in Other Counties

Section 16. If the justice before whom an action or proceeding is tried in the supreme judicial court or the superior court in counties other than Barnstable, Essex, Middlesex, Norfolk, Plymouth or Suffolk considers that a question of law which arises for the determination of the full court is immaterial, frivolous, or intended merely for delay, or that the interests of the parties or of the public require a more speedy determination thereof than can be reached in the sitting established for the county in which the action or proceeding is tried, he shall so certify and order the question of law to be entered and heard at the sitting of the court for the commonwealth; and all the other proceedings shall be the same as if the question had arisen in one of the above named counties.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 17 - Jury Sittings; Times and Places of Sittings

Section 17. Jury sittings of the court shall be held by one justice, who shall have all the powers not expressly reserved to the full court.
If there are pending before the court in the respective counties matters requiring trial by jury, such sittings shall be held in the county of Suffolk sitting at Boston or in such other county at such places and times as the court may determine as being conducive to the dispatch of business and to the interest of the public.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 18 - Sittings at Fall River; Adjournments

Section 18. If the public business so requires, the court may adjourn an established sitting for the county of Bristol from either Taunton or New Bedford to Fall River, in the manner and with the effect of an adjournment to another shire town; and such adjournment shall be subject to all the provisions of law relative to adjournments to another shire town.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 19 - Dukes or Nantucket County Cases; Place of Trial

Section 19. An action, suit or proceeding arising or pending in the county of Nantucket, which is cognizable by the supreme judicial court and which is to be heard before one justice, shall be entered, heard, tried and determined at the court held in the county of Bristol, in all respects as if the same court were held in the county of Nantucket. An action, suit or proceeding arising or pending in the county of Dukes, which is so cognizable and which is to be heard before one justice, shall be heard, tried and determined at the court held in the county of Bristol, in all respects as if the same court were held in the county of Dukes; provided, that the records and papers in all such cases entered in the county of Dukes shall be kept in said county, but the papers may be transmitted to and from any other county in accordance with such rules or orders as said court may make. All matters cognizable by the full court arising or pending in the county of Dukes or Nantucket shall be heard and determined as if arising in the county of Bristol.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 20 - Powers of Justices at Jury and Law Sittings

Section 20. Four or more justices present at a jury sitting shall have the powers of a full court. One justice present at a law sitting shall have the same authority as at a jury sitting.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 22 - Salaries of Justices; Expenses; Practice of Law Prohibited

Section 22. The chief justice shall receive a salary of $232,101 and each associate justice shall receive a salary of $226,187 and the chief justice and each associate justice shall annually receive from the commonwealth upon the certificate of the chief justice the amount of expenses incurred by each of them in the discharge of his duties. Such justices shall devote their entire time during ordinary business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 24 - Services of Retired Justices

Section 24. (a) A retired chief justice or associate justice of the supreme judicial court whose name has been placed on the list of retired justices pursuant to section sixty-five E of chapter thirty-two may be designated and assigned by the chief justice of the supreme judicial court to perform, during his term of eligibility, such of the duties of the office of associate justice of the supreme judicial court as may be requested of him and which he is willing to undertake, provided that no single assignment shall be for a term longer than ninety days, and provided that full-bench duties may be assigned only to fill a temporary vacancy, including temporary disability, on the court. Such retired chief justice or associate justice may also be designated and assigned by the chief justice of the supreme judicial court to perform; during his term of eligibility, such of the duties of judge of any lower court as may be requested of him and which he is willing to undertake provided that no single assignment shall be for a term of no longer than ninety days.
(b) In performing the service requested of him a retired chief justice or associate justice shall exercise all judicial powers and authority pertaining to the office in which he acts, with respect to matters as to which he is designated to act, and the fact of such service shall be stated on the records of the court, but need not be separately stated in the record or docket of any particular cause or proceeding. Service under the provisions of this section shall not be counted in determining the number of offices authorized or required by any applicable statute for the court on which a retired chief justice or associate justice might serve pursuant to this chapter.
(c) A retired chief justice or associate justice so serving shall be paid by the commonwealth, in addition to the pension or retirement allowance received, a per diem differential rate of compensation equivalent to one two hundred twentieths of the balance remaining after deducting the annual pension or retirement allowance received from the current annual salary of such justice if not retired. The per diem differential rate of compensation shall be paid monthly from Judiciary appropriated funds.
Such retired justice shall be entitled to all other benefits of a regular incumbent of the supreme judicial court and shall be reimbursed for expenses incurred while performing such services at any place other than his place of residence. While so serving he shall be entitled to receive such staff support, clerical assistance and facilities as are customarily available to judges of the court on which he serves.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 25 - Disability Benefits Project

Section 25. There is hereby created under the superintendence of the supreme judicial court, hereinafter called the court, a disability benefits project, hereinafter called the project, for the exclusive purpose of providing increased legal assistance for mentally or physically disabled persons to secure federal disability benefits provided through the Social Security Disability Insurance program under Title II of the Social Security Act, through the Supplemental Security Income program under Title XVI of the Social Security Act, and through such other programs subsequently established by Congress to accomplish similar purposes for persons with disabilities. The purpose and intent of said project shall be to make funds available, subject to appropriation for such purposes, to organizations, including qualified legal services programs as defined in section one of chapter two hundred and twenty-one A, and other groups, corporations or associations to fund a program of statewide legal assistance, such funds to be distributed pursuant to contracts which set general goals for case-handling, or include other appropriate measures of service, for each organization receiving financial assistance and which require, where appropriate, that a portion of said financial assistance be made available to private attorneys to further effectuate the intent of the project. The court may administer or contract with any organization for the purpose of administering the project. The court may further appoint a disability advisory committee, consisting of members of the legal community including those with experience in advocacy for persons with disabilities, and members of the disabled community, for the purpose of assisting the court in matters pertaining to the project. The composition of the committee, the terms of its members, and the scope of its responsibilities shall be determined by the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 26 - Program for Evaluation of Judicial Performance

Section 26. A majority of the supreme judicial court, in consultation with the chief justice of the trial court shall design and implement a program for performance evaluation of judges. The sole purpose of said program shall be the improvement of the performance of individual judges and of the judiciary as a whole and, notwithstanding any general or special law to the contrary, all information compiled by said program shall be confidential. Said court may consult with individuals and organizations and may contract for technical assistance for the purpose of said program to the extent it deems necessary.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 26a - Questionnaires for Performance Evaluation Program; Contents; Distribution, Collection, etc.; Frequency of Evaluations

Section 26A. The program for performance evaluation, as described in section twenty-six of this chapter, shall include, but not be limited to, a questionnaire, to be designed and implemented by the supreme judicial court. Said questionnaires shall be given to attorneys, parties and jurors appearing before a judge in each trial and in addition to each trial, in a representative sample of cases, so they may evaluate the performance of the judge. The questionnaire shall include, but not be limited to, questions relative to the judge's performance, demeanor, judicial management skills, legal ability, attentiveness, bias and degree of preparedness. Completed questionnaires shall be returned to the supreme judicial court, unsigned, within thirty days of the completion of the case or trial and all responses shall remain confidential. The data collected from each questionnaire shall be compiled and once the data has been compiled, the questionnaire from which the data was collected shall be destroyed.
The chief justice of the trial court shall establish the method and means by which the questionnaires shall be distributed, collected, verified and compiled.
Judges with one to four years service shall be evaluated every twelve to eighteen months and judges with more than four years service shall be evaluated every eighteen to thirty-six months. A minimum of twenty-five responses shall be compiled before a judge is evaluated. The supreme judicial court, or their designees, shall conduct the evaluation of a judge. When an evaluation of an individual judge is complete, it shall be made available to that judge and discussed with him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 26b - Judicial Evaluation Standards; Disciplinary Procedures

Section 26B. The majority of the supreme judicial court shall establish judicial evaluation standards which individual judges must achieve during the evaluation process and shall design and implement programs for judges to attend who fail to achieve judicial evaluation standards. The majority of the supreme judicial court shall also establish disciplinary procedures for judges who do not complete programs implemented for judges who fail to achieve judicial evaluation standards.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 27 - Pre-Service and In-Service Training Programs for Justices; Administration

Section 27. The supreme judicial court may adopt rules requiring the justices of the commonwealth to participate in pre-service and in-service training programs for such periods and at such intervals as it deems advisable, and providing for the administration of such training requirements, including procedures for the approval of training programs to comply with such training requirements and for the submission by justices of affidavits of compliance with such training requirements.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 28 - Leave of Absence for Study, Research, etc.; Restrictions

Section 28. The chief justice of the supreme judicial court may grant a leave of absence for study, research, teaching, or such other reason as said chief justice deems appropriate to the improved administration of justice, to a justice of said court, said leave to be for a period not to exceed one year. Any justice who takes an approved leave of absence shall not receive pay during the period of the leave of absence; provided, however, that time spent on leave of absence shall be credited to the justice for retirement purposes; provided, further, that for the purposes of eligibility for life insurance and health plans available under chapter thirty-two A, said justice shall be considered an active employee. The chief justice, in approving such leaves, shall consider the speedy dispatch of judicial business. The chief justice, in consultation with all the justices, shall establish and promulgate standards governing the approval of such leaves including procedures for the submission and disposition of requests for leave.
No leave of absence under this section shall be granted prior to the seventh year of service or within one year of retirement. A justice granted a leave of absence under this section shall not be eligible to take another leave of absence until the expiration of seven years following his return to judicial duties.
All statutory requirements and rules of court pertaining to justices shall continue to be applicable to a justice while he is on leave of absence pursuant to this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 2 - Justices; Salaries; Expenses; Limitation of Practice

Section 2. The chief justice shall receive a salary of $219,856 and each associate justice shall receive a salary of $213,924 and the chief justice and each associate justice shall annually receive from the commonwealth upon the certificate of the chief justice the amount of expenses incurred by each of them in the discharge of his duties. Such justices shall devote their entire time during ordinary business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 3 - Quorum; Panels; Presiding Justice

Section 3. Three justices shall constitute a quorum to decide all matters required to be heard by the appeals court or, upon order of the chief justice, four or more justices may sit. The court may sit in panels of three or more justices. The chief justice, insofar as practicable, shall assign justices to panels in such manner that each justice shall sit a substantially equal number of times with each other justice. The chief justice shall preside over any panel on which he shall sit, or, if the chief justice is not a member of a panel, the senior justice shall be the presiding justice.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 4 - Sitting of Court; Quarters and Facilities; Sessions

Section 4. The appeals court shall sit in the city of Boston and at such other locations within the commonwealth as the supreme judicial court shall determine by rule or order. The commonwealth shall provide adequate quarters and facilities for the appeals court. The chief justice, with the approval of the supreme judicial court, shall arrange such sessions of the appeals court as may be required to discharge its business. Such sittings may be adjourned to such places and times as shall appear to the court to be most conducive to the dispatch of its business and to the interests of the public.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 5 - Powers and Authority; Jurisdiction

Section 5. The appeals court shall be vested with all powers and authority necessary to carry into execution its judgments, decrees, determinations and orders in matters within its jurisdiction according to the rules and principles of common law and the Constitution and laws of the commonwealth, and subject to the appellate jurisdiction, supervision and superintendence of the supreme judicial court. The appeals court shall have original jurisdiction over the enforcement or review of final orders of the labor relations commission issued pursuant to section six or section six A of chapter one hundred and fifty A or section eleven of chapter one hundred and fifty E.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 6 - Clerk and Assistant Clerks; Terms; Salaries

Section 6. The justices of the appeals court shall appoint the clerk of the appeals court for a term of five years from the date of his appointment, and may remove him. Said justices may appoint a first assistant clerk and 4 assistant clerks of said court for terms of three years from the dates of their respective appointments, and may remove them. Said clerk, first assistant clerk and assistant clerks shall devote their entire time during ordinary business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.
The salary of the clerk of the appeals court shall be 81.57 per cent of the salary of the chief justice of said court and shall be paid, subject to appropriation, by the commonwealth. The salary of the first assistant clerk in said court shall be ninety-three and thirty-seven hundredths of the salary of the clerk of said court and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks in said court shall be eighty-six and one-tenth percent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 7 - Estimate for Maintenance of Court and Revenue

Section 7. The chief justice shall annually prepare and submit to the chief justice of the supreme judicial court an estimate, in detail, for the ordinary maintenance of the court, and all revenue therefrom as provided in clause (5) of the first paragraph of section three of chapter twenty-nine. Said estimate shall include judicial salaries and salaries of all officers and employees within the court and shall include estimates of all sums which the commonwealth is obligated to pay under the provisions of chapter twenty-nine A, together with any other information which the chief justice of the supreme judicial court may require.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 8 - Clerk to Serve as Administrative Officer; Cost of Maintaining Office; Duties

Section 8. The clerk shall serve as the administrative officer of the court and shall maintain an office in Boston and at such other place or places as the supreme judicial court may designate. The cost of maintaining such office or offices shall be borne by the commonwealth. The clerk or one of the assistant clerks shall attend all sessions of the appeals court; keep and preserve all the papers, records and files thereof; maintain a docket of all matters presented to the appeals court and all proceedings therein and enter thereon accurate records of all orders, decrees, determinations or directions of the court in each case; transmit to the clerk and reporter of the supreme judicial court all papers, opinions, and decrees as required by statute or rule; and receive and keep safely all papers transmitted to him by the clerks of courts, registers of probate and recorder of the land court. He shall make copies of all papers on file in the appeals court and of its docket, upon request, and certify them, if desired, and charge the same fees payable for like services of clerks of courts. He shall issue such notice as the court or any justice thereof may order.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 9 - Decisions, Opinions and Rescripts

Section 9. In the determination of causes, all decisions of the appeals court shall be given in writing, except as otherwise provided herein, and the grounds for each decision shall be stated and filed in the cause in which rendered. The court may, in appropriate cases, enter a proper order, direction, judgment or decree for the further disposition of a case without stating the reasons therefor, or may cause a rescript containing a brief statement of the grounds and reasons for the decision, to be filed therein. Opinions and rescripts of the appeals court shall be published by the reporter of decisions.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 11 - Further Appellate Review of Certain Cases by Supreme Judicial Court

Section 11. There shall be no further appellate review by the supreme judicial court of any matter within the jurisdiction of the appeals court which has been decided by that court, except:—(a) where a majority of the justices of the appeals court deciding the case, or of the appeals court as a whole, certifies that the public interest or the interests of justice make desirable a further appellate review, or (b) where leave to obtain further appellate review or late review is specifically authorized by three justices of the supreme judicial court for substantial reasons affecting the public interest or the interests of justice. Upon the written order of a majority of the justices of the appeals court, the decision of a panel of the appeals court may be reviewed and revised by a majority of the justices of the appeals court. Such a review shall not be a condition precedent to obtaining further appellate review by the supreme judicial court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 12 - Report to Supreme Judicial Court; Transfers to and From Supreme Judicial Court

Section 12. The appeals court may, prior to or after final determination, report any case in whole or in part or any question of law arising therein to the supreme judicial court for consideration and determination if in the opinion of the appeals court the unusual public or legal significance of the matter or the efficient administration of justice so requires. The supreme judicial court shall consider such report and accept the case or questions, in whole or in part, for final determination or, if no determination has been made by the appeals court, may remand the case or questions, in whole or in part, to the appeals court for determination. Except as otherwise provided in section four A of chapter two hundred and eleven, the supreme judicial court may transfer to the appeals court for determination any case or issue pending before it which has not been determined by the appeals court, including those within the original jurisdiction of the supreme judicial court, those of which a direct review by the supreme judicial court has been allowed or claimed, those improperly entered in the supreme judicial court, and those coming within the direct appellate jurisdiction of the supreme judicial court. The supreme judicial court may order any matter, in whole or in part, or any issue therein, pending before the appeals court, transferred to the supreme judicial court for further proceedings.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 13 - Presentation of Cases; Law Governing; Adoption of Rules

Section 13. The law governing the presentation of cases to the supreme judicial court for appellate review, except as to the printing of records and briefs, shall apply to the presentation to the appeals court of cases within the concurrent jurisdiction of that court. The appeals court shall, subject to the approval of the supreme judicial court, adopt rules regulating practices, procedures and internal administration of the appeals court. Such rules shall not require the printing of records and briefs, but may require the reproduction of relevant portions of records and briefs by xerography or a similar method producing legible pages in a reasonable number of copies.
The supreme judicial court shall adopt rules regulating the review by it, whether by transfer, report, bill of exceptions or appeal, and the time within which review may be sought; and may make such other rules and orders as may facilitate, or are desirable to regulate, appellate review by either court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 15 - Frivolous Appeals or Exceptions; Costs and Interest

Section 15. If, upon the hearing of an appeal or exceptions in any proceeding, it appears that the appeal or exceptions are frivolous, immaterial or intended for delay, the appeals court may, either upon motion of a party or on its own motion, award against the appellant or excepting party double costs from the time when the appeal was taken or the exceptions were allowed, and also interest from the same time at the rate of twelve per cent a year on any amount which has been found due for debt and damages, or which he has been ordered to pay, or for which judgment has been recovered against him, or may award any part of such additional costs and interest.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211a - Appeals Court › Section 17 - Leave of Absence; Restrictions

Section 17. The chief justice of the appeals court may, subject to the approval of the chief justice of the supreme judicial court, grant a leave of absence for study, research, teaching, or such other reason as said chief justice of the appeals court deems appropriate to the improved administration of justice, to an associate justice of said appeals court, said leave to be for a period not to exceed one year. Any judge who is authorized to take a leave of absence shall not receive any pay during the period of such leave of absence. Provided, however, that time spent on a leave of absence shall be credited to the judge for retirement purposes; provided, further, that for the purposes of eligibility for life insurance and health plans available under chapter thirty-two A, said judge shall be considered an active employee. The chief justice in approving such leaves shall consider the speedy dispatch of judicial business. The chief justice of the appeals court, in consultation with the supreme judicial court, shall establish and promulgate standards governing the approval of such leaves including procedures for the submission and disposition of requests for leave.
No leave of absence under this section shall be granted prior to the seventh year of service or within one year of retirement. A justice granted a leave of absence under this section shall not be eligible to take another leave of absence until the expiration of seven years following his return to judicial duties.
All statutory requirements and rules of court pertaining to justices shall continue to be applicable to a justice while he is on a leave of absence pursuant to this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211b - Trial Court of the Commonwealth › Section 1 - Organization

Section 1. There shall be a trial court of the commonwealth which shall consist of the following departments: the superior court department, the housing court department, the land court department, the probate and family court department, the Boston municipal court department, the juvenile court department and district court department. The trial court, as an administrative unit, shall consist of no more than 384 justices and special justices. 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.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211b - Trial Court of the Commonwealth › Section 2 - Number of Trial Court Justices; Appointments

Section 2. There shall be 82 justices appointed to the superior court department, 15 justices appointed to the housing court department, 7 justices appointed to the land court department, 51 justices appointed to the probate and family court department, 30 justices appointed to the Boston municipal court department, 42 justices appointed to the juvenile court department and 158 justices and special justices appointed to the district court department. Except in the case of circuit justices, said appointments, in the case of the housing court department, the probate and family court department, the juvenile court department, and the district court department, shall be made to a particular division within the department and a justice so appointed shall be considered a justice of the department for that division.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211b - Trial Court of the Commonwealth › Section 3 - Justices Assigned to Other Departments; Powers and Duties

Section 3. Any justice appointed to a department, or a division thereof, and assigned to another department, or division thereof, shall have and exercise all the powers and duties which a justice appointed to the department, or division thereof, in which said justice is sitting, has and may exercise.