Section 9. There shall be a clerk, appointed by the governor with the advice and consent of the council, for each of the housing courts. Said clerks shall hold office during good behavior, subject however, to retirement under the provisions of any general or special law relative to retirement systems. The clerk appointed for the western division shall reside in either Berkshire, Franklin, Hampden or Hampshire counties. Said clerks shall have responsibility for the internal administration of their respective offices, including the selection, appointment, and management of personnel, staff services and record keeping. The chief justice, a first justice or a clerk of the housing court may submit any dispute that arises between said chief justice or said first justice and said clerk of court, concerning the management and administration of the clerk’s office, the duties, powers and obligations of the clerk-magistrate or a member of the clerk-magistrate’s staff, or the interpretation of the personnel standards provided for under section eight of chapter two hundred and eleven B, to the chief justice of the trial court, who in consultation with the court administrator, shall within thirty days, hear and determine the matter. The decision of the chief justice of the trial court shall be binding on the parties.

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Terms Used In Massachusetts General Laws ch. 185C sec. 9

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.