Section 8: Justices; appointment; disputes between justices and clerks; appeals; removal
392 words·~2 min read·
/ma/part-ii/title-i/chapter-185c/8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8. There shall be 2 justices appointed for the western division, 2 justices appointed for the eastern division, 2 justices appointed for the central division, 2 justices appointed for the northeastern division, 2 justices appointed for the southeastern division, 2 justices appointed for the metro south division and 3 circuit justices who shall sit in any of the divisions as determined by the chief justice of the housing court department. The chief justice of the housing court department, subject to the approval of the chief justice of the trial court, shall designate one justice to be the first justice of each court; provided, however, that appropriate consideration shall be given to seniority, length of service at that particular court, and managerial ability.
Said first justice shall be the administrative head of that particular court and shall have the power, authority and responsibility of a first justice as set forth in section 10A of chapter 211B; provided, however, that clerks shall have responsibility for the internal administration of his office, including the selection, appointment, and management of personnel, staff services and record keeping. 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 of the trial court, who shall, within thirty days, hear and determine the matter. 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 to serve additional five-year terms at that particular court. Any first justice may be removed from his position as first justice by the chief justice of the housing court department; provided, however, that any such removal is not for arbitrary or capricious reasons.
Any first justice who is removed from his position as first justice by the chief justice of the housing court department may appeal the removal to the chief justice of the trial court.