Massachusetts General Laws

Mass. Gen. Laws ch. 221, § 62B (2026)

Clerks of courts as magistrates

✓ current as of July 2026
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Section 62B. Clerks of court for the several counties, the clerk of the superior court for criminal business in Suffolk county, the clerk of the superior court for civil business in Suffolk county, clerks of the housing courts, registers of the probate courts, clerks of district courts, clerks of juvenile courts, and clerks of the Boston municipal court department; shall hereafter also have the title of magistrate for their particular department, or division as the case may be, of the trial court.

Magistrates herein provided shall continue to have and exercise all the powers, duties and responsibilities of clerks and registers and shall also have those provided for in section sixty-two C.

An assistant clerk, temporary clerk, temporary assistant clerk, or assistant register, shall also have and exercise the powers, duties and responsibilities of magistrate, subject to specific authorization by the clerk, or register, and specific approval of such authorization by the first justice of the division wherein he serves, or in the case of the superior court department or Boston municipal court department by the administrative justice therefor. Said first justice or administrative justice may place such restrictions on such authorization as is conducive to the effective administration of justice.

Notes of Decisions
Cited in 6 cases, 2003–2013 · leading case: State Bd. of Ret. v. Bulger, 843 N.E.2d 603 (Mass. 2006).
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). “218, § 8; G. L. c. 221, § 62B. See also Pineo v. Executive Council, 412 Mass.”
Commonwealth v. Charles, 992 N.E.2d 999 (Mass. 2013). “These special magistrates occupy a separate and distinct position from clerks of courts who are designated as magistrates pursuant to G. L. c. 221, § 62B. See Reporters’ Notes to Rule 47, Mass.”
Carter v. Lynn Hous. Auth., 880 N.E.2d 778 (Mass. 2008). “Pursuant to G. L. c. 221, § 62B, clerks of the Housing Court “also have the title of magistrate” and have certain powers and duties, in addition to those that they have as clerks, as enumerated in G.”
In re Powers, 987 N.E.2d 569 (Mass. 2013). · cites it 2× “G. L. c. 221, § 62B. The responsibilities of the appointed clerk-magistrates of the various District Courts are “inextricably related and essential to the effective functioning of the courts in this Commonwealth.”
Maynard Ret. Bd. v. Justices of Concord Div., 28 Mass. L. Rptr. 591 (Mass. Super. Ct. 2011). “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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