Mass. Gen. Laws » Part I Title IV Chapter 32
Massachusetts General Laws

Mass. Gen. Laws ch. 32, § 65G (2026)

Justices of trial court; benefits; temporary service

✓ current as of July 2026 Cite as: Mass. Gen. Laws ch. 32, § 65G (2026)
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Section 65G. (a) Any justice of a department of the trial court who is retired from his office may notify the chief justice of the supreme judicial court in writing that he wishes his name to be placed upon the list of retired justices of the trial court of the commonwealth. Said chief justice may place the name of any such justice on the list of retired justices for the trial court of the commonwealth. With respect to those whose names have been placed on such list upon retirement, any retired justice or any surviving spouse of a retired justice shall be entitled to the same pension and all other benefits which he or his surviving spouse would have been entitled to receive if he had retired without his name having been placed on such list, notwithstanding any other law to the contrary, and a vacancy shall exist in the office theretofore occupied by such retired justice.

(b) A retired justice whose name has been placed on a list of retired justices shall be eligible, for a term of two years, to perform judicial duties only as provided in section fourteen of chapter two hundred and eleven B, provided that he likewise shall be eligible to perform judicial duties for succeeding two year terms upon request, with the reapproval of the chief justice of the supreme judicial court, for each succeeding term.

(c) If such retired justice no longer wishes to be eligible to perform judicial duties pursuant to section fourteen of said chapter two hundred eleven B, he may at any time after having his name placed upon a retired list resign his office.

(d) A retired justice eligible to perform judicial duties shall not engage in the practice of law directly or indirectly, and shall not hold any office which is incompatible with holding the office of a justice of the trial court of which he is on the retired list under the provisions of Article II of Chapter VI of Part the Second of the Constitution of the Commonwealth or of Article VIII of the Amendments thereto.

(e) Any justice who has been retired from any predecessor court to a department, or a division thereof, of the trial court, shall be eligible for service as hereinbefore provided to the same extent as if he had been retired from the trial court.

Notes of Decisions
Cited in 5 cases, 1982–1993 · leading case: Apkin v. Treasurer & Receiver General
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Apkin v. Treasurer & Receiver General (1988) mass · cites it 2× “3 After his seventieth birthday Judge Apkin may seek to be recalled to serve as a judge under G. L. c. 32, § 65G (1986 ed.), but he has no right to be recalled.”
Commonwealth v. Loretta (1982) mass · cites it 2× “In his appeal, he presses four issues: (1) a motion presented at oral argument seeking the en banc recusal of this court because of our interest in the statute permitting retired judges to serve on recall; (2) the illegality of the defendant’s confinement because of his…”
Appley v. Locke (1986) mass “Boston Redevelopment Auth., supra, the plaintiff sought to raise the issue of the defendant Authority’s approval of the construction of a plant for generating electricity as an urban renewal project by challenging the voting rights of several de facto members of the defendant…”
Connolly v. Division of Public Employee Retirement Administration (1993) mass · cites it 2× “G. L. c. 32, § 65G (c) (1990 ed.). There is no suggestion in the relevant statutes that a recall judge automatically obtains new pension options when he ceases to serve on recall.”
Connolly v. DIV. OF PUBLIC EMPLOYEE RETIREMENT ADMIN. (1993) mass · cites it 2× “G.L.c. 32, § 65G ( c ) (1990 ed.). There is no suggestion in the relevant statutes that a recall judge automatically obtains new pension options when he ceases to serve on recall.”
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