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Committee on Professional Responsibility for Clerks Rule 1: Definitions


In these rules, unless the context or subject matter otherwise requires:

A. "Chairman" and "Vice Chairman" refer to members of the Committee elected as such by vote of the Committee. Whenever used in these rules, the word "Chairman" shall include, in the absence of the Chairman, the Vice Chairman or other member acting as Chairman.

B. "Clerk" means anyone serving in the position of Clerk, Clerk Magistrate, Register, Recorder, Assistant Clerk, Assistant Clerk Magistrate, Assistant Register, or Deputy Recorder, in the Supreme Judicial Court, the Appeals Court, or a Department of the Trial Court of the Commonwealth, whether elected or appointed and whether serving in a permanent or temporary capacity.

C. "Committee" means the Committee on Professional Responsibility for Clerks of the Courts.

D. "Complainant" means a person or entity who has communicated to the Committee a complaint against a clerk.

E. "Complaint" means any oral or written statement which alleges misconduct by, or physical or mental disability of, a clerk.

F. "Hearing Officer" means a member of the Committee appointed by the Chairman or a person designated by the Supreme Judicial Court for the purpose of presiding over a hearing.

G. "Screener" means a member of the Committee or a person assigned to screen complaints in accordance with Rule 7.

H. "Shall" is mandatory; "may" is permissive.

I. "Special Counsel" means an attorney, appointed by the Supreme Judicial Court to conduct investigations, to make recommendations to the Committee, and to present evidence at a hearing, with respect to a complaint or charges against a clerk, and to take any other action related thereto which the Committee may direct.

J. As used herein, the masculine gender shall be deemed to include the feminine gender.