Special Commission to Study Judiciary
SECTION 179.
**Section was returned for amendment (Attachment L)
There shall be a special commission to investigate and study the organizational structure, function and operation of the judiciary. For the purposes of this section, the judiciary shall include, without limitation: the supreme judicial court; the court of appeals; the office of the chief justice for administration and management of the trial courts, including the superior court department, the district court department, the land court department, the probate and family court department, the housing court department, the Boston municipal court department and the juvenile court department; the trial court office of community corrections; the office of probation; the office of the jury commissioner; the office of the Suffolk county clerk; the commission on judicial conduct; the board of bar examiners; the Massachusetts legal assistance corporation; the mental health legal advisors; prisons' legal services; and the social law library.
The commission shall examine the judiciary, including the operational, fiscal, legal, administrative and personnel functions and legal obligations of the judiciary. Said examination shall include, but shall not be limited to, the models from other states, best practices for management of government, performance measures, clarity of reporting lines and responsibilities and opportunities for budget savings through efficiencies, all while protecting the safety of the public. The commission shall consider, in its investigation and study, the reports and recommendations of both the visiting committee on management of the state courts and the court management advisory board.
The commission shall further investigate and study the feasibility and advisability of transferring authority over the office of probation, office of community corrections and the parole board including the power of appointment, assignment, discipline and termination of staff, to either the chief justice for administration and management or the executive office of public safety and security, in an effort to best provide enhanced accountability, oversight, leadership, effectiveness in carrying out essential functions and efficiency of administration.
The judiciary shall comply with all reasonable requests by the commission for information in furtherance of the above-stated goals.
The commission shall consist of 10 members, 1 of whom shall be appointed by the senate president who shall have expertise in applied criminal justice research, 1 of whom shall be appointed by the speaker of the house who shall have expertise in applied criminal justice research, 1 of whom shall be appointed by the minority leader of the senate who shall have expertise in financial management and public policy, 1 of whom shall be appointed by the minority leader of the house of representatives who shall have expertise in financial management and public policy, 1 of whom shall be the attorney general, who shall serve as chair, 1 of whom shall be the secretary of administration and finance, or his designee, 1 of whom shall be the chief counsel of the committee for public counsel services or his designee, 1 of whom shall be the president of the Massachusetts District Attorneys' Association, or his designee, 1 of whom shall be a representative of the Massachusetts Bar Association and 1 of whom shall be a person appointed by the chief justice of the supreme judicial court who shall be a retired first justice with court management experience. The commission shall report its findings and recommendations together with legislation, if any, to the clerks of the house of representatives and senate, to the joint committee on judiciary, the joint committee on public safety and the senate and house committees on ways and means not later than December 31, 2010.