Section 6 Justices; number; terms; compensation; duties
Section 6. In each district court, as provided in section one, one appointment of associate justice of the trial court shall be made; except that the courts corresponding to the district court of Brockton, the district court of Chicopee, the district court of Chelsea, the first district court of Barnstable, the second district court of Bristol, the third district court of Bristol, the district court of Hampshire, the first district court of eastern Middlesex and the first district court of southern Middlesex, so-called, shall have two justices each; the courts corresponding to the third district court of eastern Middlesex and the central district court of Worcester, so-called, shall have three justices each; and the district court of Springfield shall have four justices.
Except as provided by section two of chapter one thousand and ninety of the acts of nineteen hundred and seventy-one, of section two of chapter three hundred and fifty-six of the acts of nineteen hundred and seventy-three, of section two of chapter nine hundred and fifty-nine of the acts of nineteen hundred and seventy-three, and of section two of chapter five hundred and twenty-two of the acts of nineteen hundred and seventy-six, there shall be appointed in each court an additional number of justices equivalent to the number of justices provided for said court in the first paragraph, which additional number shall correspond to the number of special justices authorized on January thirty-first, nineteen hundred and seventy-six for a district court having substantially the same territorial jurisdiction as said court; provided that in no event shall the total number of justices and special justices in the district court department hereby exceed 158; and provided further that such appointments made under this paragraph shall be made to those courts where vacancies first occur in the office of special justice after February first, nineteen hundred and seventy-six, and thereafter where vacancies occur in positions authorized under this paragraph.
The chief justice of the district court department shall have the power to appoint the first justice of each of the various courts within the district court department, subject to the approval of the chief justice for administration and management, and to define his duties; provided, however, that appropriate consideration shall be given to seniority, length of service at that particular division, and managerial ability. Each first justice so appointed shall serve as the first justice of that court for a five-year term and shall be eligible to be reappointed for additional five-year terms at that particular court. Any first justice may be removed from his position as first justice, when it is determined by the chief justice of the district court department to be in the best interests of the administration of justice. Any first justice who is removed from his position as first justice by the chief justice of the district court department may appeal such removal to the chief justice for administration and management.
Citations, orders of notice, writs, executions and all other processes issued by the clerk of the court shall bear the teste of the first justice thereof or the chief justice of the department.
The first justice shall be the administrative head of his court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B. As administrative head of his court, said first justice shall be responsible for the management of the courthouse and shall have control over all personnel employed therein; provided, however, that the clerk shall have responsibility for the internal administration of his office, including the selection, appointment, and management of the personnel, staff services and record keeping; and provided, further, that the commissioner of probation shall have the authority to appoint, dismiss, assign and discipline probation officers and associate probation officers within the several sessions of the trial court. A first justice or a clerk of the court may submit any dispute that arises between said first justice and said clerk concerning the management and administration of the office of the clerk, the duties, powers and obligations of the clerk, 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.
The clerk of each district court may appoint assistant clerks and temporary assistant clerks.
A special justice in the district court department or the juvenile court department who does not serve full-time in accordance with the provisions of section six A, section fifty-eight B or fifty-eight C shall be paid by the commonwealth for each day’s services at the rate by the day of the salary of a justice of the court where he is assigned.
If a justice is absent on Saturday or absent due to an assignment in another court or department within the trial court, no such deduction shall be made therefor from vacation time or sick leave accumulated. During the calendar year of the taking office of a justice no such deduction shall be made for the absence of the justice on that proportion of thirty days corresponding to the proportion of said calendar year remaining after his taking office as justice, nor in addition for the absence of the justice by reason of illness or physical disability for the said proportion of thirty days.
Subject to the provisions of section forty, the special justices in the district court department shall sit and in addition perform such other duties as special justices in such other courts on such occasions as ordered by the chief justice for the district court department; and in such other departments of the trial court as authorized by law.