Mass. Gen. Laws » Part I Title VIII Chapter 54
Massachusetts General Laws

Mass. Gen. Laws ch. 54, § 142 (2026)

District attorneys and county officers

✓ current as of July 2026
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Section 142. Upon failure to choose a district attorney, clerk of the courts or in Suffolk county of the supreme judicial or superior court, register of probate or sheriff, the governor shall cause precepts to be issued to the proper officers, directing them to call an election on the day appointed therein for the election of such officer.

Upon a vacancy by removal or otherwise in any of the above named offices, he shall in like manner cause precepts to be issued for an election to fill such vacancy at the next biennial state election for which precepts can be seasonably issued, unless the term of the office expires on the first Wednesday of January following such state election.

Upon a vacancy in the office of district attorney, register of probate or sheriff, the governor with the advice and consent of the council may appoint some person thereto until a district attorney, register of probate or sheriff is qualified.

Upon a vacancy in the office of clerk of the courts in any county, or of the clerk of the supreme judicial court in Suffolk county, the justices of said court may appoint a clerk to hold the office until a clerk is qualified.

Upon a vacancy in the office of a clerk of the superior court in Suffolk county, the justices of said court may appoint a clerk to hold the office until a clerk is qualified.

Notes of Decisions
Cited in 3 cases, 1968–1994 · leading case: McGonigle v. Governor, 634 N.E.2d 1388 (Mass. 1994).
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McGonigle v. Governor, 634 N.E.2d 1388 (Mass. 1994). “268A does not define the term “appointing authority,” this court, for the purposes of this action, should construe the term to include the official authorized to appoint a person to the office of sheriff on a vacancy in the office; that is, the Governor under G. L. c. 54, § 142.…”
Governor v. McGonigle, 418 Mass. 558 (Mass. 1994). · cites it 2× “Because the temporary suspension did not create a vacancy in the office of sheriff, the authority of the Governor under G. L. c. 54, § 142 (1992 ed.), to appoint someone to fill a vacancy in that office has no application.”
Opinion of the Justices to the Council, 233 N.E.2d 906 (Mass. 1968). · cites it 2× “19 of the Amendments, “[Yjhe appointment to the office of Sheriff of a County by the Governor required the advice and consent of the Council”; that G. L. c. 54, § 142, “provides for the appointment of a Sheriff with the advice and consent of the Council”; and that St.”
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