Massachusetts General Laws ch. 23E sec. 8 – Removal of members of board or reviewing board
Section 8. The commissioner and the senior judge shall have authority to initiate proceedings for the removal of a board or reviewing board member when the commissioner and the senior judge are of the opinion that such member has been guilty of misconduct, material neglect of duty, inability to perform the duties required of a member, or incompetence in the conduct of office. Upon recommendation of the commissioner and the senior judge, the governor shall commence an investigation of such member’s record and practices, and shall require the commissioner and senior judge to provide any performance evaluations of such member made under the provisions of section nine along with any supporting documentation. Upon completion of his investigation, the governor may, with the advice and consent of the council, remove such member for misconduct, material neglect of duty, inability to perform the duties required of a member or incompetence in the conduct of his office.
Terms Used In Massachusetts General Laws ch. 23E sec. 8
- 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.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The senior judge, board members and reviewing board members in the performance of their official duties shall be subject to the Model Code of Judicial Conduct for State Administrative Law Judges as promulgated by the American Bar Association. A complaint alleging grounds for removal under this section or alleging a violation of the code of judicial conduct may be initiated by a person affected by the exercise of official duties by the member. The commissioner shall establish a procedure for the fair disposition of the complaint, and may recommend appropriate action by the governor with respect thereto.
The members shall be provided with a written statement of the grounds for removal and a summary of the investigation by the governor. Removal procedures shall afford confidentiality, subject to considerations of due process and the provisions of section ten of chapter sixty-six. Any member so removed shall have the right to appeal his removal to the superior court department of the trial court.