Massachusetts General Laws

Mass. Gen. Laws ch. 218, § 8 (2026)

Clerks; appointment; number; retirement; vacation and sick leave

✓ current as of July 2026

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Section 8. Each district court shall have a clerk and the central division of the Boston municipal court department shall have one clerk as provided in section 52A. All such clerks shall be appointed by the governor, with the advice and consent of the council. Said clerks shall hold office during good behavior, but subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. Said clerk shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.

Each clerk appointed prior to January first, nineteen hundred and eighty-seven under the authority of this section and serving continuously thereafter shall be entitled to thirty days vacation and thirty days sick leave in each calendar year. Any such 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 sixty and the total amount of sick leave so accumulated shall not exceed one hundred and eighty days; and, provided further, that no additional such days shall be accumulated on or after said January first except in accordance with the policies and procedures established by the court administrator pursuant to section eight of chapter two hundred and eleven B. All other 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 eight.

Notes of Decisions

Cited in 9 cases, 1926–2019 · leading case: In re Powers, 987 N.E.2d 569 (Mass. 2013).

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In re Powers, 987 N.E.2d 569 (Mass. 2013). · cites it 6× “Pursuant to G. L. c. 218, § 8, “[e]ach district court shall have a clerk,” and “ [a]ll such clerks shall be appointed by the [Gjovernor with the advice and consent of the [Governor’s Council].”

State Bd. of Ret. v. Bulger, 843 N.E.2d 603 (Mass. 2006). · cites it 2× “” With these general principles in mind, we consider what laws are applicable to the office or position of clerk-magistrate and, then, whether Bulger violated those laws.”

Commonwealth v. Clerk-Magistrate of the West Roxbury Div. of the Dist. Court Dep't, 439 Mass. 352 (Mass. 2003). “See G. L. c. 218, § 8; G. L. c. 221, § 62B. See also Pineo v.”

Pineo v. Exec. Council, 586 N.E.2d 988 (Mass. 1992). “G. L. c. 218, § 8 (1990 ed.). See also G.”

Massachusetts Bar Ass'n v. Cronin, 220 N.E.2d 629 (Mass. 1966). “” Its scope is not limited by G. L. c. 218, § 8 (as amended through St.”

In the Matter of Dugan, 635 N.E.2d 246 (Mass. 1994). “65 (1876) (constitutional provision for election of clerks of court not applicable to clerk of District Court).”

O'Connell v. Ret. Bd., 254 Mass. 404 (Mass. 1926). “G. L. c. 218, § 8. His salary is fixed by statute.”

White v. Chief Just. of the Boston Mun. Court (Mass. 2019). “63, 66-69 (2013), this court discussed in detail the responsibilities of a clerk-magistrate of the District Court, who has been appointed by the Governor, with the advice and consent of the Governor's Council, pursuant to G. L. c. 218, § 8. Generally speaking, the same duties…”

Maynard Ret. Bd. v. Justices of Concord Div., 28 Mass. L. Rptr. 591 (Mass. Super. Ct. 2011). “, citing G.L.c. 218, §§8, 33, 35A, 58 and G.L.c. 221, §§62B, 62C; and the Code of Professional Responsibility for Clerks of the Courts, S.”

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