§ 10 — Assistant clerks

Section 10. The clerk of a district court may, subject to the approval of the court administrator as to compliance with personnel standards promulgated pursuant to section 8 of chapter 211B, appoint one or more assistant clerks for whose official acts the clerk shall be responsible, who shall be paid by him unless salaries payable by the commonwealth are authorized in this section or in section 53. In courts having one or more assistant clerks, the clerk may designate one as the first assistant clerk. An assistant clerk with salaries payable by the commonwealth may be appointed in courts the judicial districts of which have, according to the national census last preceding, a population of 60,000 or more, and in the following districts:district court of southern Berkshire;district court of northern Berkshire;district court of eastern Essex;third district court of Essex;district court of eastern Franklin at Orange;district court of eastern Hampden;district court of western Hampden;first district court of eastern Worcester;second district court of southern Worcester;third district court of Southern Worcester, provided, that said position shall only be designated to a trial court employee in said court currently performing the duties and functions of an assistant clerk and shall not be construed as adding any additional positions to the trial court.Two assistant clerks with salaries payable by the commonwealth may be appointed in:district court of Chicopee;second district court of Barnstable;third district court of Barnstable;district court of central Berkshire;district court of Franklin at Greenfield;district court of Natick;district court of Holyoke;district court of Marlborough;first district court of northern Middlesex;district court of eastern Hampshire;first district court of northern Worcester.Three assistant clerks with salaries payable by the commonwealth may be appointed in:district court of Peabody;fourth district court of Bristol;district court of Fitchburg;first district court of southern Worcester;district court of western Worcester;second district court of eastern Worcester;district court of Leominster;first district court of Barnstable;district court of Hampshire;second district court of eastern Middlesex;district court of Newton;district court of Southern Norfolk;municipal court of Brookline.Four assistant clerks with salaries payable by the commonwealth may be appointed in:fourth district court of eastern Middlesex;district court of central Middlesex;district court of northern Norfolk;third district court of Plymouth;district court of western Norfolk.Five assistant clerks with salaries payable by the commonwealth may be appointed in:second district court of Plymouth;district court of Newburyport;first district court of eastern Middlesex;central district court of northern Essex;first district court of Bristol;district court of southern Essex;district court of Lawrence;third district court of Bristol.Six assistant clerks with salaries payable by the commonwealth may be appointed in:second district court of Bristol;district court of Somerville;first district court of Essex;first district court of southern Middlesex.[ Seventh paragraph effective until July 1, 2024. For text effective July 1, 2024, see below.]Seven assistant clerks with salaries payable by the commonwealth may be appointed in:fourth district court of Plymouth;district court of Lowell;district court of Chelsea.[ Seventh paragraph as amended by 2024, 140, Sec. 151 effective July 1, 2024. See 2024, 140, Sec. 264. For text effective until July 1, 2024, see above.]Seven assistant clerks with salaries payable by the commonwealth may be appointed in:fourth district court of Plymouth;district court of Lowell.[ Eighth paragraph effective until July 1, 2024. For text effective July 1, 2024, see below.]Eight assistant clerks with salaries payable by the commonwealth may be appointed in:district court of Brockton;district court of East Norfolk.[ Eighth paragraph as amended by 2024, 140, Sec. 152 effective July 1, 2024. See 2024, 140, Sec. 264. For text effective until July 1, 2024, see above.]Eight assistant clerks with salaries payable by the commonwealth may be appointed in:district court of Brockton;district court of East Norfolk;district court of Chelsea.Nine assistant clerks with salaries payable by the commonwealth may be appointed in:central district court of Worcester.Ten assistant clerks with salaries payable by the commonwealth may be appointed in:third district court of eastern Middlesex;district court of Springfield.Assistant clerks who were appointed under authority of this section, who are paid by the commonwealth, and who have held said appointment for three consecutive years prior to the effective date of this act shall hold office during good behavior, but subject to applicable retirement laws, and may be removed from office under procedures authorized by section 8 of chapter 211B.Each assistant clerk appointed prior to January 1, 1987 under the authority of this section and serving continuously in such appointment thereafter shall be entitled to 30 days vacation leave and 30 days sick leave in each calendar year. Any such assistant clerk may accumulate vacation and sick leave not used in any such year; provided, however, that the total amount of vacation days so accumulated shall not exceed 60 and the total amount of sick leave so accumulated shall not exceed 180 days; and provided, further, that no additional such days shall be accumulated on or after January 1, 1987 except in accordance with the policies and procedures established by the court administrator pursuant to section 8 of chapter 211B. All other assistant clerks appointed under the authority of this section shall be entitled to vacation leave and sick leave in accordance with the policies and procedures established by the court administrator pursuant to said section 8.[ Thirteenth paragraph effective until July 1, 2024. For text effective July 1, 2024, see below.]In the following courts, one of the assistant clerks shall be designated in charge of six-person jury sessions and shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the court administrator:district court of Somerville;district court of Chelsea;first district court of eastern Middlesex;third district court of eastern Middlesex;the district court of Newton;district court of Lowell;first district court of southern Middlesex at Framingham;district court of East Norfolk;central district court of Worcester;district court of Newburyport;district court of Springfield;second district court of Plymouth;district court of Peabody.[ Thirteenth paragraph as amended by 2024, 140, Sec. 153 effective July 1, 2024. See 2024, 140, Sec. 264. For text effective until July 1, 2024, see above.]In the following courts, one of the assistant clerks shall be designated in charge of six-person jury sessions and shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the court administrator:district court of Somerville;district court of Chelsea;first district court of eastern Middlesex;third district court of eastern Middlesex;the district court of Newton;district court of Lowell;first district court of southern Middlesex at Framingham;district court of East Norfolk;central district court of Worcester;district court of Newburyport;district court of Springfield;second district court of Plymouth;district court of Peabody;district court of Lawrence.In the district court of western Worcester, the central district court of Worcester, the district of Lowell, the district court of East Norfolk, the district court of Chelsea and the third district court of eastern Middlesex, the clerk may designate one of his assistant clerks as assistant clerk in charge of the remand list; said list being for the trial of all cases transferred to said court from the superior court under the provisions of section 102C of chapter 231. The salary of said assistant clerk shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation by the court administrator.