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 211b - Trial Court of the Commonwealth › Section 4 - Salaries; Practice of Law; Expenses; Vacation and Sick Leave; Special Justices

Section 4. The salaries of the justices of the trial court shall be paid by the commonwealth. Each associate justice shall receive a salary of $207,855.
The chief justice of the several departments shall receive a salary of $213,966.
The chief justice of the trial court shall receive a salary of $220,160.
The justices of the trial court shall devote their entire time during business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.
The justices of the trial court shall receive from the commonwealth, in addition to the salary hereinbefore provided, the amount of expenses, including travel incurred by them in the discharge of their duties. Such expenses must be accounted for upon an itemized statement to the chief justices of the respective court departments. Such expenses shall be approved and certified by said chief justices.
Each justice shall be entitled to thirty days vacation leave, twenty days sick leave, and five days personal leave in each calendar year. Each justice shall also be provided with fifteen days education leave in each calendar year except in the first year of service, when said justice shall be provided with twenty days education leave prior to assuming the duties of justice. Vacation leave and sick leave not used in any such year may be accumulated, provided that the number of vacation days so accumulated shall not exceed sixty and the total amount of sick leave not exceed one hundred and eighty days, except as provided herein. A justice of the trial court appointed to any judicial office before July first, nineteen hundred and eighty-seven shall be credited with accrued vacation leave and sick leave with respect to each year of such prior judicial service at the rate and subject to the limitations set forth in this paragraph, except that the rate for crediting said sick leave shall be thirty days for each calendar year. The chief justice of the trial court is hereby authorized to establish and administer a paid sick leave bank for the benefit of the justices, which bank shall be comprised of vacation leave days, sick leave days and personal leave days accrued and donated by said justices. Each qualifying justice shall also be provided with maternity leave for the same period and upon the same terms and conditions as management and confidential employees of the commonwealth.
Special justices of the trial court shall be subject to the provisions of section six A of chapter two hundred and eighteen and such other provisions of law as are applicable to special justices in the district court department. Special justices who serve full time under the provisions of said section six A shall have all the powers, duties, rights and responsibilities held by associate justices of the trial court, except those who hold the office of chief justice or chief justice 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 5 - Chief Justices; Appointment; Term; Removal

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; provided, however, that any such removal is not for arbitrary or capricious reasons and, if the employee so requests, is approved by the Committee.
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 5a - Deputy Court Administrators; Appointment; Term; Removal; Submission of Disputes to Chief Justice of the Trial Court and Court Administrator

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 terms of the chief justices of their 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.
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 6 - Chief Justice of the Trial Court; Appointment; Term; Removal

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.
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 6a - Advisory Board

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 administrator 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.
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 6b - Office of Court Management; Court Administrator

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.
If after due discussion and collaboration disputes between the chief justice of the trial court and the court administrator remain unresolved, such disputes shall be resolved by the chief justice of the supreme judicial court. The decision of the chief justice of the supreme judicial court shall be final and binding.
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 7 - Vacancies in Office

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.
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 8 - Advisory Committee on Personnel Standards

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 commissioner of probation; and a clerk of the superior court, a clerk of the district court and a register of probate who shall be 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; provided, however, that any such removal is not for arbitrary or capricious reasons and, if the employee so requests, is approved by the Committee. Every removal of an officer or employee whose appointment was subject to the provisions of this section shall be reviewed by the committee, and no such removal shall be final until approved by the committee. If any such officer or employee has served three full years in a position, appointment to which is subject to the provisions of this section, he shall have the right to appear personally before the committee before said committee reaches its decision as to whether or not to affirm his removal. 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.
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 10c - Limitation of Powers, Duties or Responsibilities of Clerks or Registers of Probate

Section 10C. The general superintendence and administrative authority of the chief justice of the trial court, court administrator, and the chief justices of the respective departments of the trial court and the first justices of particular courts shall not include the authority or power to exercise, supersede, limit, prevent the exercise of or otherwise affect any of the powers, duties and responsibilities of the clerks or registers of probate in any general or special law, including laws authorizing or governing the selection and appointment of personnel, except where expressly authorized.
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 12 - Office of Court Management; Court Administrator

Section 12. There shall 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.
If after due discussion and collaboration disputes between the chief justice of the trial court and the court administrator remain unresolved, such disputes shall be resolved by the chief justice of the supreme judicial court. The decision of the chief justice of the supreme judicial court shall be final and binding.
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 13 - Estimates of Expenses, Costs and Revenue

Section 13. The first justice of each division or court within the superior, probate and family, land, housing, juvenile, Boston municipal and district court departments of the trial court of the commonwealth, or if there is no first justice the chief justice, shall periodically prepare and submit to the chief justice of the 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 three of chapter twenty-nine. Said estimate shall include judicial salaries and the salaries of all officers and employees within the division or place for holding 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 may require. The clerk of courts for each county, the clerk for criminal business for Suffolk county, the clerk for civil business for Suffolk county and the registers of probate in each county shall periodically prepare and submit to the court administrator an estimate, in detail, for the ordinary maintenance of the office, and all revenue therefrom as provided in clause (5) of the first paragraph of section three of chapter twenty-nine. 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 twenty-nine A, together with any other information which the court administrator may require.
In the case of the district, juvenile, housing, and Boston municipal court departments the first justice of a division thereof shall consult with the clerk of his division in the preparation of his budget estimate.
The chief justice of each department shall review such estimates of the divisions or courts within his department and shall periodically submit to the court administrator for review and approval an estimate of the amount required for all expenses and costs of his entire department, except as otherwise provided in 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 14 - Services of Retired Justices

Section 14. (a) A retired justice of the trial court whose name has been placed on the list of retired justices pursuant to section sixty-five G of chapter thirty-two may be assigned by the chief justice for administration and management to perform, during his term of eligibility, such of the duties of a trial court justice as may be requested of him and which he is willing to undertake, provided that no such single assignment shall be for a term longer than ninety days.
(b) In performing the services requested of him, a retired justice shall exercise all judicial power and authority pertaining to the office in which he acts, in respect of matters as to which he is designated to act, and the fact of such service shall be stated on the record of the court, but need not be separately stated in the record or docket of any particular cause or proceeding. Services under the provisions of this section shall not be counted in determining the number of offices authorized or required by any applicable statute.
(c) A retired 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 and 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 trial 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 211b - Trial Court of the Commonwealth › Section 16 - Judicial Institute; Training Judicial and Nonjudicial Personnel

Section 16. The chief justice for administration and management shall establish a judicial institute, to provide for the training of the judicial and nonjudicial personnel of the trial court, the appeals court and the supreme judicial court. Said institute shall perform and continually update a comprehensive analysis of the training needs of such personnel, and ensure that such needs are met through programs of the institute provided directly or by contract or through programs of other institutions. Programs of the institute shall include but not be limited to pre-service training for judges through seminars and through a mentor judge program, and frequent in-service training for judges and clerks, and continuing education for all court personnel. The institute shall be provided with suitable offices in the Suffolk county courthouse or elsewhere. The chief justice for administration and management may, within the limits of the amount appropriated therefor, appoint an executive director for said institute and such professional staff, clerks and assistants as it may require and may make such expenditures as may be necessary to execute effectively the functions of said institute. The chief justice for administration and management may further appoint an advisory committee for the purpose of assisting him in matter pertaining to the institute. The composition of the committee, the terms of its members, and the scope of its responsibilities shall be determined by the chief justice for administration and management.
The institute, in consultation with the bureau of substance addiction services within the department of public health, shall provide substance abuse training to personnel that helps personnel identify substance abuse treatment resources for persons charged with or convicted of a crime or adjudicated delinquent who could benefit from those resources.
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 19 - Mandatory Alternative Dispute Resolution Program

Section 19. The chief justice of the trial court may establish and promulgate rules for a mandatory alternative dispute resolution program for civil actions within the trial court subject to the approval of the supreme judicial court, subject to appropriation; provided, however, that the parties to a dispute resolution shall not be bound by the results thereof. The chief justice for administration and management shall supervise and establish standards for the implementation of such program and shall further implement a program of certification for all personnel conducting alternative dispute resolution programs in the courts of the commonwealth.
The chief justice of the trial court shall establish a pilot program of alternative dispute resolution within the counties of Bristol, Worcester and Suffolk under his direct supervision. Pursuant to said pilot program, he shall be responsible to fund, coordinate, and evaluate activities of the trial court within said counties to screen and refer cases to alternative dispute resolution. Within said counties, the chief justice for administration and management shall, no later than twelve months from the date of filing any civil litigation which involves a contract claim, tort claim, equitable remedy dispute or other litigation the trial court may determine to be appropriate, be screened for referral to a qualified alternative dispute resolution program. Screening should enable litigants or their attorneys to select among options which include self-directed settlement negotiation, case evaluation, mediation, non-binding arbitration, expert fact finding and binding arbitration. The chief justice of the trial court shall monitor and evaluate the cost, impact and effectiveness of activities undertaken to screen and refer cases to alternative dispute resolution and report annually to the general court on his findings. The annual report should identify unmet needs and promising opportunities for additional screening and referral activities and recommend legislative actions required to implement these activities.
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 20 - Leave of Absence; Restrictions

Section 20. A chief justice of the trial court may, subject to the approval of the chief justice of the trial court, 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 judge of said department, said leave to be for a period not to exceed one year. Any judge 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 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 for administration and management, in approving such leaves, shall consider the speedy dispatch of judicial business, including reassignment of judges pursuant to section nine. The chief justice of the trial court, in consultation with the chief justices of the departments of the trial 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 judge 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 judges shall continue to be applicable to a judge 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 211b - Trial Court of the Commonwealth › Section 21 - Publication of Notice in Newspaper; Notice Requirements Deemed Met

Section 21. Whenever a department established under this chapter is required to publish a notice in a newspaper by any general or special law, order, rule or judgment of any court, that department shall be deemed as having met all notice requirements by publishing in a newspaper which by its title page purports to be printed or published in such town, city or county, or having a circulation therein. For purposes of this section, the definition of newspaper shall include legal newspapers.
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 22 - Delivery of Criminal Case Disposition Information to Department of State Police

Section 22. For the purposes of updating the criminal history record, the trial court shall electronically send to the department of state police all criminal case disposition information for the offender, including sealing and expungement orders and dismissals, together with the corresponding offense-based tracking number and fingerprint-based state identification number, to the extent that the offender has been assigned such numbers and the numbers have been provided to the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211c - Commission on Judicial Conduct › Section 1 - Establishment; Membership; Expenses; Term; Chairman

Section 1. There shall be a commission on judicial conduct consisting of nine members. Three judges shall be appointed by the justices of the supreme judicial court, none of whom shall be justices of said court and no two of whom shall be from the same department of the trial court. Three members of the bar shall be appointed by the chief justice of the trial court, none of whom shall be judges. Three members shall be appointed by the governor, none of whom shall be members of the bar. The members of the commission shall serve without compensation, but shall be reimbursed for all expenses reasonably incurred by them in the performance of their duties. Members of the commission shall serve for six year terms. Commission membership shall terminate if a member ceases to be qualified for the appointment. A vacancy shall be filled by the appointing authority for the remainder of the term. Upon the expiration of the term of office of a member, his successor shall be appointed in the manner aforesaid. No person shall succeed himself as a member of the commission except when his membership is due to an appointment to fill a vacancy for the remainder of an unexpired term. One or more alternate members, as necessary, shall be selected in the manner prescribed for initial appointments in each representative class, and shall serve at the call of the chairman to take the place of those who are disqualified from participating in a commission proceeding pursuant to commission rules.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211c - Commission on Judicial Conduct › Section 6 - Confidentiality

Section 6. (1) Except as provided in this section, all proceedings of the commission shall be confidential until there has been a determination of sufficient cause and formal charges have been filed with the supreme judicial court. The commission shall ensure that a procedure applicable to commission members, counsel and staff is established for enforcing confidentiality.
(2) Notwithstanding the provisions of subdivision (1), the judge may waive his right to confidentiality prior to a finding of sufficient cause. In addition, in any case in which the subject matter becomes public, through independent sources or through a waiver of confidentiality by the judge, the commission may issue such statements as it deems appropriate in order to confirm the pendency of the investigation, to clarify the procedural aspects of the disciplinary proceedings, to explain the right of the judge to a fair hearing without prejudgment, or to state that the judge denies the allegations.
(3) If the inquiry was initiated as a result of notoriety or because of conduct that is a matter of public record, and is subsequently terminated because there is insufficient cause to proceed, information concerning the insufficiency of cause to proceed may be released by the commission.
(4) Notwithstanding any other provision of this chapter to the contrary, proceedings pursuant to this chapter may remain confidential, even after a finding of sufficient cause, if the judge, the commission, and the complainant, if any, all concur.
(5) If any federal agency, the judicial nominating council, or any like agency for screening candidates for judicial appointment which succeeds the judicial nominating council, seeks information or written materials from the commission concerning a judge, in connection with his selection or appointment as a judge, information may be divulged in accordance with procedures prescribed by commission rule, including reasonable notice to the judge affected, unless the judge signs a waiver of the right to such notice. If, in connection with the assignment of a retired judge to judicial duties, the chief justice of the supreme judicial court or the appeals court or the chief justice of the trial court seeks information or written materials from the commission about the judge, information may be divulged in accordance with procedures prescribed by commission rule, including reasonable notice to the judge affected, unless the judge signs a waiver of the right to such notice.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211c - Commission on Judicial Conduct › Section 8 - Informal Adjustment; Sanctions

Section 8. (1) With the agreement of the judge, the commission may by informal adjustment dispose of a complaint at any stage of the proceedings by:
(a) informing or admonishing the judge that his conduct is or may be cause for discipline;
(b) directing professional counseling and assistance for the judge;
(c) imposing conditions on the judge's conduct; or
(d) persuading a judge to retire voluntarily.
(2) The commission may dismiss a sworn complaint, a statement of allegations or a formal statement of charges as unjustified or unfounded at any stage during the proceedings.
(3) The commission may issue a private reprimand with the consent of the judge.
(4) The commission may recommend to the supreme judicial court one or more of the following sanctions:
(a) removal;
(b) retirement;
(c) imposition of discipline as an attorney;
(d) imposition of limitations or conditions on the performance of judicial duties;
(e) public or private reprimand or censure;
(f) imposition of a fine;
(g) assessment of costs and expenses;
(h) imposition of any other sanction which is reasonable and lawful.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211c - Commission on Judicial Conduct › Section 9 - Charges Against Supreme Judicial Court Member

Section 9. The chief justice and the six most senior justices of the appeals court other than the chief justice shall serve in the place of the supreme judicial court when charges are brought against a member of 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 211c - Commission on Judicial Conduct › Section 10 - Physical or Mental Disabilities

Section 10. (1) The commission shall have authority to receive information, investigate, conduct hearings, and make recommendations to the court relating to mental or physical disability affecting a judge's performance.
(2) In carrying out its responsibilities regarding physical or mental disabilities, the commission shall follow the same procedures that it employs with respect to discipline for misconduct.
(3) If the judge in a matter relating to physical or mental disability is not represented by counsel, the commission shall appoint an attorney to represent him at public expense.
(4) If a complaint involves the physical or mental condition of the judge, a denial of the alleged condition shall constitute a waiver of medical privilege and the judge shall be required to produce his medical records.
(5) If medical privilege is waived, the judge shall be deemed to have consented to a physical or mental examination by a qualified medical practitioner designated by the commission. The report of the medical practitioner shall be furnished to the commission and the judge.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 2 - Indigency; Definition, Standards and Procedures for Determination

Section 2. The committee for public counsel services shall establish a definition of ''indigency'' for the purposes of this chapter and uniform standards and procedures for the determination by the courts of the commonwealth that: (1) a person is indigent and is unable to obtain counsel or (2) a person is indigent, but has the ability to pay a reduced fee for the appointment of counsel. The definition and standards, and any amendments thereto, shall be subject to the approval of the supreme judicial court and shall be used by the courts of the commonwealth in determining assignment of cases to the committee pursuant to section 5. In the formulation of the definition, standards and procedures, the committee shall utilize: (1) the reporting system operated by the commissioner of transitional assistance for the purpose of verifying financial eligibility of participants in state or federally funded programs; (2) the accessibility of income data available from the department of revenue; and (3) verifying material assets through the registry of motor vehicles.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 2b - Appointment of Counsel for Criminal Defendant Charged With Misdemeanor or Municipal Ordinance or Bylaw Violation

Section 2B. A person charged with a misdemeanor or a violation of a municipal ordinance or bylaw, on motion of the commonwealth, the person or on the court's own motion, shall not be appointed counsel if the judge, at arraignment, informs such person on the record that, if the person is convicted of such offense, the person's sentence shall not include any period of incarceration. For good cause, that judge or another judge of the same court may later revoke such determination on the record and appoint counsel, and on the request such counsel shall be entitled to a continuance to conduct any necessary discovery and to prepare adequately for trial. Any such determination or revocation by a judge shall be endorsed upon the docket of the case.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 3 - Accepting of Gifts, Grants or Contributions; Contracts

Section 3. Said committee may accept gifts, grants or contributions from any source, whether public or private, and may enter into contracts to provide or receive services with any federal, state, county or municipal entity, with any group or individual, whether profit or nonprofit, or with any nonprofit or voluntary charitable group, corporation, association or organization, including any bar association or bar advocate group.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 4 - Rules and Regulations; Annual Report; Training; Rotating Appointment Mechanism

Section 4. Said committee shall adopt such rules and regulations as may be necessary for the conduct of its affairs and may from time to time amend or revise the same. The committee shall prepare an annual report which shall be a public document. The committee shall establish standards and guidelines for the training, qualification and removal of counsel in the public and private counsel divisions who accept its appointments, and shall provide pre-service and in-service training for both private counsel who accept assignments and salaried public counsel. The committee may establish a rotating appointment mechanism that will encourage open access among attorneys participating within the private counsel division.
The committee, in consultation with the bureau of substance addiction services within the department of public health, shall provide substance abuse training to attorneys that helps attorneys identify substance abuse treatment resources for persons charged with or convicted of a crime or adjudicated delinquent who could benefit from those resources.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 5 - Appointment or Assignment of Counsel

Section 5. Said committee shall establish, supervise and maintain a system for the appointment or assignment of counsel at any stage of a proceeding, either criminal or noncriminal in nature, provided, however, that the laws of the commonwealth or the rules of the supreme judicial court require that a person in such proceeding be represented by counsel; and, provided further, that such person is unable to obtain counsel by reason of his indigency. The committee may also establish a system for the provision of counsel in any pre-arraignment procedure. A justice or associate justice shall assign a case to the committee, as hereafter provided, after receiving from the probation officer a written report containing the probation officer's opinion as to the defendant's ability to pay for counsel, based on the standards and procedures provided for in section two.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 6 - Public Defender and Private Counsel Divisions; Duties

Section 6. (a) In carrying out its duties as prescribed in section 5, the committee shall utilize its staff of attorneys, which shall be known hereafter as the public defender division. The division shall include a unit to be known as the Roxbury defenders unit, which shall represent clients as assigned pursuant to this chapter in the Roxbury division of the district court department. The public defender division shall be assigned to represent indigent defendants in all criminal cases, except that: (i) the public defender division shall not be assigned to represent more than 1 defendant in any matter before any court on the same case or arising out of the same incident; (ii) the public defender division shall not be assigned to represent a defendant in any case in which there is a conflict of interest with any of its clients; (iii) notwithstanding any general or special law to the contrary, the public defender division shall be assigned in any civil or criminal matter described in subsection (b) if the chief counsel determines in writing that insufficient numbers of qualified attorneys are available for assignment by the private counsel division.
(b) In carrying out its duties as prescribed in section 5, the committee shall establish, supervise and maintain a system for the appointment of private counsel, hereafter called the private counsel division, which shall include a children and family law program and a mental health unit. The committee shall enter into contractual agreements with any state, county or local bar association or voluntary charitable group, corporation or association, including bar advocate groups, for the purpose of providing such counsel. The committee may also contract with such other organized groups of attorneys as may be formed to afford representation to indigent defendants and may appoint and compensate private attorneys, on a case-by-case basis, as counsel for indigents entitled to representation. No individual, member or participant in a group, corporation or association with whom the committee may contract under this paragraph shall be considered to be or have any rights as a state employee.
The private counsel division shall be assigned for all persons accused of crimes entitled to counsel who, through their inability to pay for counsel, shall have counsel appointed to them, but who, pursuant to subsection (a) shall not be represented by the public counsel division.
The private counsel division shall also be assigned to represent persons in such other proceedings as the chief counsel shall determine to be necessary.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 6a - Establishment of Children and Family Law Program; Utilization of Certified Private Counsel

Section 6A. In carrying out its duties as prescribed in sections 5 and 6, the committee shall establish a children and family law program which shall, upon the court's appointment, provide representation to indigent persons in children and family law cases. Nothing herein shall be construed to limit the system as established in sections 5 and 6, whereby the court appoints certified private counsel to represent children and parents in the majority of children and family law cases.