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 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 91 - Superior Courts; Compensation of Stenographers

Section 91. Official stenographers, and all additional and temporary stenographers, appointed by the justices of the superior court shall receive salaries which shall be established from time to time by said justices which shall be paid by the commonwealth. Such official stenographers and additional and temporary stenographers shall receive such reasonable and actual expenses for travel, food and lodging as the administrative justice may allow.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 91b - Employment of Stenographer by Defendant; Admissibility of Transcripts of Notes; Application of Section

Section 91B. At any hearing or proceeding in connection with a criminal case, including a hearing on the issuance of a complaint, at which a court appointed stenographer is not present, the defendant or the person against whom such complaint is filed may have the proceedings taken by a stenographer provided at his own expense. The judge or other officer presiding at such hearing or proceeding shall provide a suitable place in which such stenographer may hear and take notes of all testimony, arguments and rulings. The transcripts of notes taken by stenographers provided under authority of this section shall be admissible in accordance with the provisions of section eighty of chapter two hundred and thirty-three, except that the provisions of this section shall not be applicable to grand jury proceedings.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 91c - Appointment of Stenographer in Civil Cases Before Auditor or Master; Admissibility of Transcripts

Section 91C. Any party to a civil proceeding assigned to trial before an auditor or master may, upon motion duly made to the court, have such proceedings recorded at his own expense. Such party shall include in his motion the name of the official stenographer to be designated by the court. Said official stenographer, after being duly sworn, may take notes of all testimony adduced before the auditor or master. The transcripts thereof, after certification by said stenographer, shall be admissible in evidence in any further trial or hearing of the matter as evidence of testimony given, whenever proof of such testimony is otherwise competent.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 91d - Court Reporters; Practices; Contracts

Section 91D. (a) As used in this section, the following words and phrases unless the context otherwise requires, shall have the following meanings:
''Court reporter'', a shorthand reporter or voice reporter engaged in the practice of court reporting.
''Practice of court reporting'', the making of a verbatim record of any Massachusetts trial, legislative public hearing, state agency public hearing, deposition, examination before trial, hearing or proceeding before any grand jury, referee, board, commission, master or arbitrator, or other testimony given under oath.
(b) Contracts entered into pursuant to the practice of court reporting, not related to a particular case or reporting incident, between a court reporter or any person with whom a court reporter has a principal and agency relationship and an attorney at law, party to an action, or party having a financial interest in an action shall be prohibited. An attorney shall not be prohibited from negotiating or bidding reasonable court reporting fees, equal to all parties, on a case by case basis. This section shall not apply to a contract entered into pursuant to the practice of court reporting for the courts or to other contracts with governmental entities.
A person aggrieved by a violation of this section shall be entitled to review in the superior court and shall be entitled to all legal and equitable relief within the jurisdiction of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 92 - Appointment of Interpreters; Compensation

Section 92. The justices of the superior court may appoint such official interpreters as they may deem necessary for the sessions of the court. Such interpreters shall hold their positions at the pleasure of the court, shall be paid by the commonwealth, and shall render such additional service as any justice of the court requires. No official interpreter shall request or receive, directly or indirectly, any gratuity, bonus or fee, in connection with any case pending, or in course of preparation for presentation to said court; provided, that upon request of the district attorney such interpreter may, in the discretion of the court, receive additional compensation from the county for his services as an interpreter at such hours or times as the courts are not in session, which shall be paid under section twenty-four of chapter twelve.
This section shall not prevent the justices from employing other interpreters when the services of the official interpreters are not available. Such expenses incurred shall be paid by the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 93 - Supreme Judicial Court; Salaries of Clerks

Section 93. The salary of the clerk of the supreme judicial court for the commonwealth shall be 81.57 per cent of the salary of the chief justice of the supreme judicial court and shall be paid, subject to appropriation, by the commonwealth. The salary of the first assistant clerk of said court shall be 89.25 per cent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth. The salary of the assistant clerks of the supreme judicial court for the commonwealth shall be 82.50 per cent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth. The clerk of the supreme judicial court for the commonwealth may employ necessary clerical assistance and may expend for said purpose such sums as may be appropriated therefore, subject, however, to the approval of the chief justice.
Said clerk and assistant clerk 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 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 94 - Manner of Payment; Salaries of Clerks and Assistant Clerks

Section 94. Except as provided in section ninety-three and except as otherwise provided, the salaries of the clerks of the courts and their assistants and the clerk of the supreme judicial court for Suffolk county and his assistants, the clerk of the superior court department for criminal business in Suffolk county and his assistants, the clerk of the superior court department for civil business in Suffolk county and his assistants shall be paid by the commonwealth, and shall be as follows:
SUPREME JUDICIAL COURT FOR SUFFOLK COUNTY
The salary of the clerk of the supreme judicial court for Suffolk county shall be 81.57 per cent of the salary of the chief justice of the supreme judicial court and shall be paid, subject to appropriation, by the commonwealth. The salary of the first assistant clerk of the supreme judicial court for Suffolk county shall be 89.25 per cent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth. The salary of the assistant clerks of the supreme judicial court for Suffolk county shall be 82.50 per cent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth.
The salaries of the clerks in the superior court shall be 81.57 per cent of the salary of the chief justice of said department and shall be paid, subject to appropriation, by the commonwealth. The salaries of the first assistant clerks of the superior court division shall be eighty-three and one-half percent of the salaries of said clerks and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks in said department shall be seventy-seven percent of the salary of said clerks 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 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 99 - Traveling Expenses

Section 99. Clerks and assistant clerks of courts shall receive from the commonwealth their traveling expenses necessarily incurred when holding sessions of said courts outside of the cities or towns in which the clerks' offices are established and any expenses actually incurred in transporting official papers between clerks' offices for court purposes, upon an itemized statement of such expenses being certified to, and approved by, the administrative justice for the superior court department.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 100 - Temporary and Assistant Clerks; Salaries

Section 100. Each temporary clerk shall be paid by the clerk for whom he is acting such compensation as the court appointing him may determine. Each temporary assistant clerk appointed under section nine shall receive from the commonwealth the same salary as the assistant clerk for whom he is acting, and the amount so paid shall be deducted from the salary of such assistant clerk.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 101 - Salaries as Full Compensation

Section 101. Except as otherwise provided, the salaries of clerks shall be in full compensation for all services rendered by them in the civil or criminal courts, to the county commissioners, in making any returns required by law or in the performance of any other official duty.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts › Section 102 - Clerical Assistance

Section 102. The clerks of the courts in the several counties, the clerks of the supreme judicial court for Suffolk county and the clerks of the superior court for said county shall each be annually allowed for clerical assistance, to be paid by the commonwealth such amounts as shall be approved by the court administrator 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 221a - The Massachusetts Legal Assistance Corporation Act › Section 1 - Definitions

Section 1. As used in this chapter, the following words and terms shall have the following meanings:—
''Board'', the board of directors of the Massachusetts Legal Assistance Corporation.
''Corporation'', the Massachusetts Legal Assistance Corporation.
''Eligible client'', any indigent person who is a resident of the commonwealth.
''Fee generating case'', any matter which, if undertaken on behalf of an eligible client by an attorney in private practice, may reasonably be expected to result in payment of the fee of such attorney from an award to the client or by the opposing party.
''Fiscal year'', the twelve-month period beginning on July first and ending on June thirtieth.
''Fund'', the Legal Assistance Fund.
''Indigent person'', a person who receives public assistance under the Massachusetts Aid to Families with Dependent Children, general relief or veterans' benefits programs or receives assistance under Title XVI of the Social Security Act, or the Medicaid Program, 42 USC 1396 to 1396(n), inclusive, or a person whose income, after taxes, is one hundred and twenty-five per cent or less of the current poverty threshold annually established by the United States Office of Management and Budget, or a person who is otherwise considered indigent due to hardship circumstances under standards established by the board.
''Local program'', a qualified legal services program serving clients in an area limited to certain counties, cities, or towns of the commonwealth.
''Qualified legal services program'', a nonprofit program which provides legal services in civil cases without charge to indigent persons and has a board of directors composed of both attorneys and consumers of legal services. Legal services programs which have been or are funded in whole or in part by the Legal Services Corporation established pursuant to 42 USC 2996 to 2996(l), inclusive, shall be presumed to be qualified legal services programs.
''Recipient'', a qualified legal services program receiving financial assistance under this chapter.
''Statewide program'', a qualified legal services program serving eligible clients, or providing support services to local programs throughout the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 2 - Creation of Corporation; Purpose

Section 2. There is hereby created a body politic and corporate to be known as the Massachusetts Legal Assistance Corporation for the purpose of providing financial support for legal assistance programs that provide representation to persons financially unable to afford such assistance in proceedings or matters other than criminal proceedings or matters, except those proceedings or matters in which the commonwealth is required to provide representation. The corporation may, however, provide financial support for legal assistance programs that provide representation to complainants financially unable to afford such assistance in proceedings before the Massachusetts commission against discrimination. The corporation is hereby constituted a public instrumentality of the commonwealth and the exercise by the corporation of the powers conferred in this chapter shall be deemed and held to be the performance of an essential public function. The corporation is hereby placed under the supreme judicial court but shall not be subject to the supervision or control of said court or of any other board, bureau, department, or agency of the commonwealth except as specifically provided in this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 4 - Executive Director; Employees

Section 4. The board shall hire an executive director and establish his salary. The executive director shall be the chief administrative and operational officer of the corporation. The executive director shall attend meetings of the board and may, subject to the approval of the board, employ other employees, consultants, and agents, including legal counsel and advisors. Neither the corporation nor any of its officers, agents, employees, consultants, or advisors shall be subject to the provisions of sections nine A, forty-five, forty-six, and fifty-two of chapter thirty or the provisions of chapter thirty-one.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 5 - Vice Chairman, Secretary and Treasurer of Board of Directors; Duties; Bond

Section 5. The directors shall annually elect one of their members as vice chairman and shall designate a secretary and treasurer who need not be members of the board. The secretary shall keep a record of the proceedings of the corporation and shall be custodian of all books, documents, and papers filed with the corporation and its official seal. The secretary shall cause copies to be made of all minutes and other records and documents of the corporation and shall certify that such copies are true copies and all persons dealing with the corporation may rely on such certification.
All officers and employees of the corporation having access to its cash or negotiable securities shall give bond to the corporation, at its expense, in such amount and with such surety as the board may prescribe. The persons required to give bond may be included in one or more blanket or scheduled bonds.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 6 - Powers of Corporation

Section 6. The corporation shall have the following powers:
(a) to make, amend, and repeal by-laws, rules and regulations, for the management of its affairs;
(b) to adopt an official seal;
(c) to sue and be sued, in its own name, subject to the provisions of section eight;
(d) to make contracts and execute all instruments necessary or convenient for the carrying on of its business;
(e) to acquire, own, hold, dispose of and encumber personal property of any nature or any interest therein;
(f) to enter into agreements or transactions with any federal, state or municipal agency or other institutions;
(g) to appear in its own behalf before boards, commissions, departments or other agencies of federal, state or municipal government, subject to the provisions of section eight;
(h) to appoint officers, employees, consultants, agents and advisors and prescribe their duties and fix compensation within the limits provided by law;
(i) to procure insurance against any losses in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(j) to accept any and all donations, grants, appropriations, bequests, and devises, conditional or otherwise, of money, property, service, or other things of value which may be received from the commonwealth, the United States or any agency thereof, any other governmental agency, any institution, person, firm or corporation, public and private; to be held, used or applied for any or all the purposes specified in this act, in accordance with the terms and conditions of any such grant. Receipt of each such donation or grant shall be detailed in the annual report of the corporation. Such report shall include the identity of the donor or lender, the nature of the transaction and any conditions attaching thereto;
(k) to accept and evaluate applications from qualified legal services programs and to determine the amount of financial assistance to be provided to such qualified legal services programs;
(l) to prepare, publish and distribute, with or without charge, as the corporation may determine, such technical studies, reports, bulletins and other materials as it deems appropriate;
(m) to exercise any other powers of a corporation organized under chapter one hundred and fifty-six B; and
(n) to do any and all things necessary to carry out the purpose of this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 7 - Compliance of Recipients and Employees With Chapter Provisions and Rules, etc.; Attorney Responsibilities; Non&ndash;english Speaking Clients

Section 7. The corporation shall have authority to insure the compliance of recipients and their employees with the provisions of this chapter and the rules, regulations, and guidelines promulgated pursuant to this chapter, and to terminate after a hearing financial support to a recipient which fails to comply. Any such action shall be in accordance with the provisions of chapter thirty A.
No question of whether representation is authorized under this chapter, or the rules, regulations or guidelines promulgated pursuant to this chapter, shall be considered in, or affect the final disposition of any proceeding in which a person is represented by a recipient or an employee of a recipient. A litigant in such a proceeding may refer such question to the corporation which shall review and dispose of a question promptly and take appropriate action.
If a recipient finds that any of its employees has violated or caused the recipient to violate the provisions of this chapter or the rules, regulations, and guidelines promulgated pursuant to this chapter, the recipient shall take appropriate remedial or disciplinary action.
The corporation shall not under any provision of this chapter interfere with any attorney in carrying out his professional responsibilities to his client as established in the canons of ethics and the code of professional responsibility adopted by the supreme judicial court.
The corporation shall ensure that activities under this chapter are carried out in a manner consistent with such professional responsibilities.
No attorney shall receive any compensation, either directly or indirectly, for the provision of legal assistance under this chapter unless such attorney is admitted or otherwise authorized by law, rule, or regulation to practice law or provide such assistance in the commonwealth.
The corporation shall insure that no employee of the corporation or of any recipient while carrying out legal assistance activities under this chapter, shall engage in, or encourage others to engage in, any public demonstration or picketing, boycott or the like. No such employee shall, at any time, engage in, or encourage others to engage in any of the following activities: any rioting or civil disturbance, any activity which is in violation of an outstanding injunction of any court of competent jurisdiction, any other illegal activity, or any intentional identification of the corporation or any recipient with any electoral or partisan political activity.
In areas where significant numbers of eligible clients speak a language other than English as their principal language, the corporation shall, to the extent feasible, ensure that their principal language is used in providing legal assistance to such clients under this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 8 - Participation in Litigation; Influencing Legislation; Political Activity; Attorney Compensation

Section 8. The corporation shall not itself participate in litigation unless the corporation or a recipient of the corporation is a party, or a recipient is representing an eligible client in litigation in which the interpretation of this chapter or a regulation promulgated under this chapter is an issue, and shall not participate on behalf of any client other than itself; nor shall the corporation undertake to influence the passage or defeat of any legislation by the general court or by the Congress of the United States except that personnel of the corporation may testify or make other appropriate communication when formally requested to do so by a legislative body, a committee, or a member thereof, or in connection with legislation or appropriations directly affecting the activities of the corporation.
Neither the corporation nor any recipient shall contribute or make available corporate funds or program personnel or equipment to any political party or association, or so contribute to the campaign of any candidate for public or party office.
No class action suit, class action appeal, or amicus curiae class action may be undertaken, directly or through others, by a staff attorney employed by a recipient except with the express approval of a project director of a recipient in accordance with policies established by the governing body of such recipient.
Attorneys employed by a recipient shall be appointed to provide legal assistance without reasonable compensation only when such appointment is made pursuant to a statute, rule, or practice applied generally to attorneys practicing in the court where the appointment is made.
Employees of the corporation or of recipients shall not at any time intentionally identify the corporation or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign or any candidate for public or party office.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 9 - Financial Assistance to State and Local Programs

Section 9. The corporation shall, subject to appropriation or to the amount of monies available from the fund, or from funds made available from any other public or private source, provide financial assistance to both local and statewide programs. In each fiscal year at least eighty per cent of such financial assistance shall be distributed to local programs on a basis proportionate to the number of eligible clients within the service areas of such local programs. Up to twenty per cent of such assistance may be distributed to statewide programs.
In the distribution of such assistance the corporation shall insure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment, and that recipients, consistent with goals established by the corporation, shall adopt procedures for determining and implementing priorities for the provision of such assistance, taking into account the relative needs of eligible clients for such assistance, including such outreach, training, and support services as may be necessary, including, particularly, the needs for service on the part of significant segments of the population of eligible clients with special difficulties of access to legal services or special legal problems, including elderly and handicapped individuals, and appropriate training and support services; and, in order to provide such assistance to such significant segments of the population of eligible clients; that attorneys employed full time in legal assistance activities supported in major part by the corporation refrain from any compensated outside practice of law, and any uncompensated outside practice of law except as authorized in guidelines promulgated by the corporation; and that no financial assistance distributed pursuant to this chapter shall be used to provide legal assistance with respect to any fee generating case, or to provide legal assistance with respect to any criminal proceeding or civil action arising out of or brought for the purpose of challenging the validity of a criminal conviction, or to provide services to persons who are not eligible clients; and that a substantial amount of financial assistance distributed pursuant to this chapter shall be provided, under standards established by the board, for compensation for legal services to indigent persons which are provided by attorneys who engage in the private practice of law.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 10 - Annual Report

Section 10. The corporation shall annually submit a complete and detailed report of its activities within ninety days after the end of the fiscal year to the clerk of the house of representatives, to the clerk of the senate, and to the governor. The annual report shall include, but not be limited to, descriptions of all programs funded, an evaluation of the performance of each program, a summary of the public monies expended, and descriptions of the individuals served by such programs.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 11 - Audit

Section 11. The books and records of the corporation shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, once every 3 years and as often as the state auditor determines is necessary.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221a - The Massachusetts Legal Assistance Corporation Act › Section 12 - Legal Assistance Fund; Applications; Financial Statements

Section 12. There shall be established and set up on the books of the commonwealth a fund, as defined in section one. The corporation shall establish procedures for the application by qualified legal services programs for financial assistance from funds received or from other sources for the purposes established in this chapter. The corporation shall determine if such applications comply with the provisions of this chapter and shall determine the amounts of financial assistance to be provided to the qualified legal services programs.
Application for such financial assistance shall be made by qualified legal services programs by July first of each year. The corporation shall determine the amount of financial assistance to be distributed and the recipients of such financial assistance by September first of each year and payment of such financial assistance shall be made by October first of each year. In its discretion, the corporation may allow a second round of applications to be completed by January first, the distribution of which shall be determined by March first and payment of which shall be made by April first of each year.
Every recipient of such financial assistance shall annually submit to the corporation a financial statement including an audit of such monies approved by a certified public accountant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 1 - Declaration of Purpose; Effective Date of Chapter

Section 1. The provisions of this chapter are enacted to expedite the hearing of child support cases in compliance with Section 3 of Public Law 98–378 (Section 466 of Title IV–D of the Social Security Act) and shall take effect upon receipt of notice by the IV–D agency of the disapproval, termination, revocation or denial of extension of an exemption granted to the commonwealth by the Department of Health and Human Services pursuant to applicable federal law and regulations.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 2 - Certification of Officers; Performance Review; Recertification and Removal

Section 2. A committee of child support hearing officers shall certify as child support hearing officers members of the bar of the commonwealth who shall have practiced family law for a minimum period prescribed by the committee. Those certified shall participate in a training program prescribed by the committee, shall possess such other qualifications as the committee on child support hearing officers shall fix, and shall not be justices or clerk-magistrates of the trial court. The committee shall certify hearing officers eligibility for reappointment yearly. The performance of the hearing officer shall be subject to an annual review. Public notice of the review shall be given and members of the public may submit to the committee written comments relating to their performance. The committee shall adopt appropriate rules giving the hearing officers opportunity to respond to written comments concerning recertification. The hearing officer shall serve in the various divisions of the trial court departments, as appointed by the administrative justices of those departments and shall be removable by such administrative justices during their terms.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 3 - Committee on Child Support Hearing Officers; Membership; Terms; Chairman

Section 3. The committee on child support hearing officers shall be comprised of the chief justice of the trial court, the administrative justices of the probate and family court department, the district court department, and the Boston municipal court department, or their designees. The committee shall also include the following appointees of the chief justice of the trial court: a representative of the agency designated under Title IV, Part D of the Social Security Act, a representative of the department of transitional assistance if it is not the designated IV–D agency, as set forth in chapter one hundred and nineteen A, a representative of a bar association, a district attorney, a representative of an agency funded by chapter two hundred and twenty-one A, a custodial parent who is not a member of the bar and a noncustodial parent who is not a member of the bar. The terms of such appointees shall be three years; provided, however, that the first representative of a bar association, the first district attorney and the first representative of an agency funded pursuant to chapter two hundred and twenty-one A who are appointed shall serve for one year and the first custodial parent and the first noncustodial parent who are appointed shall serve for two years. Thereafter, all appointees shall serve for a term of three years, so that terms shall be staggered. The chief justice of the trial court shall be chairman of the committee on child support hearing officers.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 4 - Child Support Cases; Procedures; Power of Hearing Officers

Section 4. There are hereby established within the superior court department, the probate and family court department, district court department, and Boston municipal court department of the trial court procedures to expedite the hearing of all child support cases which shall include those portions of motions for temporary orders, motions or complaints for temporary modifications, agreements for modification, complaints under chapter two hundred and seven, two hundred and eight, two hundred and nine, or two hundred and nine C, petitions pursuant to chapter two hundred and nine D or other proceedings involving child support, or involving spousal support when there are children eligible for child support. Child support cases shall also include those portions of motions or complaints seeking to enforce a child or spousal support order described in the previous sentence including complaints for contempt, motions for suspension of income assignment, actions to enforce income assignments of other states, and such other cases as are given to the jurisdiction of child support hearing officers by other provisions of law. Child support cases shall not include instances when the superior court or the probate and family court is to enter a judgment or decree under chapter two hundred and seven or two hundred and eight. The power of the child support hearing officers shall be limited to child support cases, as defined above, and any other issue raised in a motion or complaint shall be heard by a justice of the appropriate court in a separate proceeding.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 5 - Rules

Section 5. The child support cases heard by the child support hearing officers shall be governed by rules promulgated by the Supreme Judicial Court. Such rules shall specify that the parties shall receive adequate notice and opportunity to be heard and present relevant evidence in all proceedings. Such rules shall establish all procedures for child support cases, including initiation of actions, conduct of proceedings before the hearing officers, and approval of hearing officers' orders and judgments by justices of the trial court departments.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 6 - Powers of Hearing Officers

Section 6. Without the approval of any justice of any court, a child support hearing officer shall have the power to issue subpoenas for the appearance of witnesses; to put witnesses under oath; to call parties to proceedings and to examine parties and witnesses; to require parties to file financial statements signed under oath; to issue a capias upon the failure of a party to appear on proper notice; and to accept acknowledgments of paternity and order blood tests under chapter two hundred and nine C.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 7 - Power of Hearing Officers to Make Orders

Section 7. A hearing officer shall have the power to make the following orders, notwithstanding the default of the party chargeable with support or his failure to appear personally, which shall be subject to review and approval by a justice of the court division in which he is sitting as described in this chapter: an order for support under chapter two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C or two hundred and nine D; a judgment of contempt for failure to comply with an order to provide support, including an employer's failure to comply with an order for income assignment, for failure to appear in response to a summons, or for any other reason; a stipulation for support or modification agreed to by the parties; an order establishing the amount of arrears or the rate at which arrears are to be paid off; an order suspending a judgment enforcing the income assignment order of another state or making an income assignment order based on the judgment of another state; and all actions to enforce judgments and orders available to the courts, including, but not limited to, orders for attachment of or lien against property, orders to post bond and security, and judgments of trustee process; and such other powers as may be given to masters by statute or rule.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 7a - Review and Approval of Orders or Judgments

Section 7A. Each order or judgment of a hearing officer described in section six shall be presented to a justice of the division in which he is sitting within twenty-four hours for review and approval. The justice shall examine the record and sign each order or judgment unless he makes written findings that the hearing officer committed an error of law, that the decision is not supported by substantial evidence, or that it constitutes an abuse of discretion.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 8 - Reconsideration Hearing

Section 8. Within three business days of the hearing officer's decision, any party may seek reconsideration of that decision to a justice of the division in which the decision was rendered. In such cases, it shall be the burden of the party seeking reconsideration to show cause that the order of the hearing officer should not stand. The reconsideration hearing may consist of the presentation of evidence and argument to the justice, who may alter the decision of the hearing officer only on written findings. Approval of the hearing officer's decision under section seven shall not limit the right to reconsideration under this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 9 - Orders and Judgments; Effective Date; Stays

Section 9. Orders or judgments of a hearing officer shall be effective immediately unless stayed by a justice. Orders or judgments of a hearing officer shall not be stayed except by a justice of the division in which it was rendered, and in the event of such a stay the justice shall make a superseding order or judgment within seven calendar days.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221b - Child Support Hearing Officers › Section 10 - Appeals

Section 10. After review of the hearing officer's decision in accordance with section seven or reconsideration under section eight, a party may claim an appeal to the appeals court from an order, decision, or judgment of the court. Such appeal must be claimed within thirty days of the order. The supreme judicial court shall promulgate appropriate rules governing such appeals.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221c - Court Interpreters for the Trial Court › Section 1 - Definitions

Section 1. For the purpose of this chapter, the following words shall have the following meanings:
''Certified interpreter'', an interpreter who has been duly trained and certified under the direction of the coordinator of interpreter services pursuant to subsection (e) of section seven.
''Interpreter'', a person who is readily able to interpret written and spoken language simultaneously and consecutively from English to the language of the non–English speaker or from said language to English.
''Judge'', a judge or justice, or a clerk-magistrate when acting in a magisterial capacity, of a trial court department.
''Non–English speaker'', a person who cannot speak or understand, or has difficulty in speaking or understanding, the English language, because he uses only or primarily a spoken language other than English.
''Qualified interpreter'', a certified interpreter who has also passed the examination and been qualified for interpreting in the federal courts by the United States district court for the district of Massachusetts.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221c - Court Interpreters for the Trial Court › Section 2 - Right to Assistance; Availability of Qualified Interpreters; Reports

Section 2. A non–English speaker, throughout a legal proceeding, shall have a right to the assistance of a qualified interpreter who shall be appointed by the judge, unless the judge finds that no qualified interpreter of the non–English speaker's language is reasonably available, in which event the non–English speaker shall have the right to a certified interpreter, who shall be appointed by the judge. The court shall report to the coordinator of interpreter services every instance in which a qualified interpreter was found not to be reasonably available.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221c - Court Interpreters for the Trial Court › Section 3 - Waiver of Right to Interpreter

Section 3. (a) A waiver of the right to an interpreter by a non–English speaker shall be effective only when approved by a judge after said non–English speaker has consulted with counsel and had explained to him, through an interpreter, in open court by the judge the nature and effect of such waiver. The judge may approve a waiver only upon finding that it is knowingly and voluntarily made. If such waiver is approved, the judge shall ensure that a recitation of the procedure followed pursuant to this subsection is made part of the record.
(b) The failure of a non–English speaker to request an interpreter shall not be deemed a waiver of such right, and a non–English speaker may retract any waiver of his right to an interpreter at any stage of the proceeding and indicate his desire to be assisted by an interpreter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221c - Court Interpreters for the Trial Court › Section 4 - Oath; Verification of Testimony; Privileged Communications

Section 4. (a) Before beginning to interpret in any proceeding an interpreter shall swear or affirm that he will make true and impartial interpretation using his best skill and judgment in accordance with the standards prescribed by law and the ethics of the interpreter profession.
(b) In any proceeding, the judge may order all of the testimony of a non–English speaker and its interpretation to be electronically recorded for use in audio or visual verification of the official transcript of the proceedings.
(c) Disclosures made out of court by communications of a non–English speaker through an interpreter to another person shall be a privileged communication and said interpreter shall not disclose such communication without permission of said non–English speaker; provided, however, that such non–English speaker had a reasonable expectation or intent that such communication would not be so disclosed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221c - Court Interpreters for the Trial Court › Section 5 - Removal of Interpreter

Section 5. Any of the following actions shall be good cause for a judge to remove an interpreter:
(a) knowingly and willfully making false interpretation while serving in an official capacity;
(b) knowingly and willfully disclosing confidential or privileged information obtained while serving in an official capacity;
(c) failing to follow the standards prescribed by law and the ethics of the interpreter profession; or
(d) being unable to interpret adequately, including where the interpreter self-reports such inability.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 221c - Court Interpreters for the Trial Court › Section 6 - Compensation; Expenses

Section 6. Interpreters appointed pursuant to this chapter shall be reimbursed for actual expenses and compensated for their services. Adequate compensation for services shall be determined by a schedule of fees adopted by the committee pursuant to subsection (d) of section seven.