Mass. Gen. Laws » Part III Title I Chapter 218
Massachusetts General Laws

Mass. Gen. Laws ch. 218, § 12 (2026)

Clerks; oath of office; duties and powers

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 12. The clerks, assistant clerks, temporary clerks and temporary assistant clerks of said courts shall be sworn, and in the case of any such assistant clerk, temporary clerk or temporary assistant clerk the oath of office may be administered by the justice or a special or associate justice of his court, who shall, upon administering the same, forthwith make return of such act with the date thereof to the state secretary. They or one of them shall attend all sessions of the court and shall keep a record of all its proceedings. The clerks shall have the care and custody of all the records, books and papers, whether in physical or electronic form, appertaining to, or filed or deposited in, their respective offices. A clerk may make and issue writs and processes, shall make returns of the court, tax bills of costs and receive fines, forfeitures, fees and costs accruing from the civil and criminal business of the court, including fees for blanks and copies.

Notes of Decisions
Cited in 4 cases, 1994–2013 · leading case: State Bd. of Ret. v. Bulger, 843 N.E.2d 603 (Mass. 2006).
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State Bd. of Ret. v. Bulger, 843 N.E.2d 603 (Mass. 2006). · cites it 2× “After being sworn into office, see G. L. c. 218, § 12, a clerk “shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.”
First Just. of the Bristol Div. of the Juv. Court Dep't v. Clerk-magistrate of the Bristol Div. of the Juv. Court Dep't, 438 Mass. 387 (2003). “See G. L. c. 218, § 12. Although not judicial officers, see Matter of Dugan, 418 Mass.”
Commonwealth v. O'NEIL, 641 N.E.2d 702 (Mass. 1994). · cites it 2× “See G. L. c. 218, § 12 (1992 ed.). Gonsalves located the defendant who was conducting clerk’s hearings in his office.”
In re Powers, 987 N.E.2d 569 (Mass. 2013). · cites it 2× “Clerk-magistrates maintain “all records, books and papers” filed in “their respective offices,” G. L. c. 218, § 12, and must make available public documents on request and keep impounded documents under seal.”
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