Section 10A First justices; powers and duties
Section 10A. A first justice, in addition to his judicial powers and duties as a justice of the trial court and in addition to his general powers of superintendence as first justice of a particular court within the trial court, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211 and the administrative authority of the chief justice of the first justice’s department of the trial court, be the administrative head of his court; provided, however, that clerks, recorders and registers shall have responsibility for the internal administration of their respective offices, including the selection, appointment, and management of personnel, staff services and record keeping. A first justice or a clerk, recorder or register of the court may submit any dispute that arises between said first justice and said clerk, recorder or register, concerning the management and administration of the office of the clerk, recorder, or register, the duties, powers and obligations of the clerk, recorder, or register, or a member of their staff, or the interpretation of the personnel standards provided for under section eight of chapter two hundred and eleven B, to the chief justice of the department. Any person aggrieved by a decision of a chief justice under this paragraph may appeal said decision to the chief justice for administration and management, who shall, within thirty days, hear and determine the matter. A first justice shall also have the following power, authority and responsibility within his court:
(i) the power, subject to the approval of the chief justice of his department, to appoint, dismiss, discipline, supervise, assign, evaluate, transfer and define the duties of all non-judicial personnel within his court, including special masters, court reporters, law clerks and other support personnel; except personnel in the office of the clerk, recorder or register; provided any such non-judicial personnel aggrieved by any action under this paragraph may appeal to the chief justice of the department who shall forthwith hear and determine the matter. Any person aggrieved by a decision of a chief justice under this paragraph may appeal said decision to the chief justice for administration and management, who shall, within thirty days, hear and determine the matter.
(ii) the power, subject to the approval of the chief justice of his department, to supervise and assign duties to all justices appointed to or assigned to his court; and to authorize such justices to delegate the calling of the list to the clerk of the court where appropriate to the administration of justice.
(iii) the responsibility to bring to the attention of the chief justice of his department all disputes concerning all clerks, recorders and registers, or their personnel, appointed to or assigned to his court; provided any person aggrieved by any action under this paragraph, may appeal to the chief justice of the department who shall forthwith hear and determine the matter. Any person aggrieved by a decision of a chief justice under this paragraph may appeal said decision to the chief justice for administration and management, who shall, within thirty days, hear and determine the matter.
(iv) The power, subject to the approval of the chief justice of his department, to supervise and assign duties to all justices appointed to or assigned to his division; and
(v) The first justice shall periodically prepare and submit to the chief justice of his department an estimate, in detail, for the ordinary maintenance of the division or place for holding court, and all revenues therefrom as provided in clause (5) of the first paragraph of section three of chapter twenty-nine. Said estimate shall include estimates of all sums which the commonwealth is obligated to pay under the provisions of chapter twenty-nine A, together with any information which the chief justice may require. In turn, the chief justice shall periodically prepare and submit to the chief justice for administration and management an estimate, in detail, for the ordinary maintenance 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 chief justice for administration and management may require.