Mass. Gen. Laws » Part I Title II Chapter 12
Massachusetts General Laws

Mass. Gen. Laws ch. 12, § 2 (2026)

Assistants and employees; appointment; duties; compensation; tenure; vacancies

✓ current as of July 2026
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Section 2. The attorney general shall appoint a first assistant attorney general and may appoint such other assistants and employees as the duties of the department require. The attorney general shall establish the salaries, duties and personnel regulations of all officers and employees within the department of the attorney general; provided, however, that the salaries of said officers and employees shall not exceed the sum annually appropriated therefor by the general court. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one and chapter one hundred and fifty E shall not apply to officers and employees within the department of the attorney general. Persons appointed as assistant attorneys general shall, in the event of a vacancy in the office of attorney general, continue in the office until an attorney general is duly qualified.

Notes of Decisions
Cited in 3 cases, 1926–2005 · leading case: Commonwealth v. Ellis, 708 N.E.2d 644 (Mass. 1999).
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Commonwealth v. Ellis, 708 N.E.2d 644 (Mass. 1999). “G. L. c. 12, §§ 2 & 10. The assistant attorneys general are treated no differently from others in the Attorney General’s office.”
Commonwealth v. Sacco, 151 N.E. 839 (Mass. 1926). “Katzmann made a substantial argument in favor of the Commonwealth on the first supplementary motion at the hearing on October 2 and 3, 1923, he had been appointed, September 25, 1923, by the Attorney General “special assistant attorney general” and so continued during the…”
Brody v. Commonwealth, 20 Mass. L. Rptr. 97 (Mass. Super. Ct. 2005). “’ M.G.L.c. 12, §2.” Therefore, it is plain that the State Police, by accepting what it understood to be A&F’s directive to pay private attorneys under Section 9A a fixed hourly rate of $125 per hour, is violating the regulation it helped to promulgate in two ways.”
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