Massachusetts General Laws

Mass. Gen. Laws ch. 218, § 33 (2026)

Warrants and process; power of clerks to issue

✓ current as of July 2026

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Section 33. A clerk, assistant clerk, temporary clerk or temporary assistant clerk, may receive complaints, administer to complainants the oath required thereto, and issue warrants, search warrants and summonses, returnable as required when such process are issued by said courts. No other person, except a judge, shall be authorized to issue warrants, search warrants or summonses.

Notes of Decisions

Cited in 18 cases, 1932–2020 · leading case: Commonwealth v. Clerk-Magistrate of the West Roxbury Div. of the Dist. Court Dep't, 439 Mass. 352 (Mass. 2003).

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Commonwealth v. Clerk-Magistrate of the West Roxbury Div. of the Dist. Court Dep't, 439 Mass. 352 (Mass. 2003). · cites it 3× “See G. L. c. 218, §§ 33, 35A. It is undisputed, as acknowledged by the clerk-magistrate, that a potential defendant, who has not been arrested, is not explicitly entitled to a show cause hearing *355 prior to the issuance of process with respect to a felony complaint.”

Commonwealth v. Melendez, 551 N.E.2d 514 (Mass. 1990). · cites it 2× “See G.L.c. 218, § 33 (1988 ed.). If arrest warrants were not used, a clerk magistrate would have concluded that a factual and legal basis existed to issue complaints for possession of heroin with intent to distribute.”

State Bd. of Ret. v. Bulger, 843 N.E.2d 603 (Mass. 2006). “Pursuant to G. L. c. 218, § 33, a clerk may, among other duties, “receive complaints, administer to complainants the oath required thereto, and issue warrants, search warrants and summonses.”

Commonwealth v. Smallwood, 401 N.E.2d 802 (Mass. 1980). “G. L. c. 218, § 33. Commonwealth v. Penta, 352 Mass.”

In re Powers, 987 N.E.2d 569 (Mass. 2013). · cites it 2× “See G. L. c. 218, § 33. When a police officer makes an arrest without a warrant, a clerk-magistrate determines whether a criminal complaint shall issue on probable cause.”

State v. Doucette, 470 A.2d 676 (Vt. 1983). “Mass. Gen. Laws Ann. ch. 218, § 33 (West 1981).”

Bradford v. Knights, 695 N.E.2d 1068 (Mass. 1998). “See G. L. c. 218, §§ 33 and 35. However, in the interest of insuring that public confidence in the courts is maintained at a high level, time should be allotted by a judge for rehearing where serious dissatisfaction is affirmatively registered by a complainant.”

Commonwealth v. Perella, 982 N.E.2d 526 (Mass. 2013). “See G. L. c. 218, § 33; Dist./Mun. Cts. R. Crim.”

Jenkins v. Chief Just. of the Dist. Court Dept., 619 N.E.2d 324 (Mass. 1993). “878, 885 (1980) ("While District Court judges are authorized to receive complaints and issue warrants, G.”

Thompson v. Globe Newspaper Co., 181 N.E. 249 (Mass. 1932). “By the express provisions of G. L. c. 218, § 33, “A clerk . . . may receive complaints, administer to complainants the oath required thereto, and issue warrants, search warrants and summonses, returnable as required when such processes are issued by said courts.”

Commonwealth v. Haddad, 308 N.E.2d 899 (Mass. 1974). “” G. L. c. 218, § 33. In general, cases are to be “heard and determined by the housing court sitting without a jury,” but there is to be a jury trial in the Housing Court if constitutionally required and not waived.”

In the Matter of Dugan, 635 N.E.2d 246 (Mass. 1994). “Although judges perform these functions, none of them is a function historically performed exclusively by judges.”

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