The Role of the Clerk of Courts

In Essex County, there are legislated twelve (12) appointed Assistant Clerks. In addition to being Assistant Clerks, three serve as the First Assistant who also is the Civil Coordinator, Chief of Staff, and a Criminal Coordinator.

The Clerk of Courts is the keeper of the records and recorder of fact for all matters before the Superior Courts. In Essex County, the Clerk of Courts is responsible for these duties in three superior Courts located in Salem, Lawrence, and Newburyport. The Newburyport Courthouse hold the distinction of being the oldest continuously operating court in the United States.

The Superior Court has jurisdiction over all criminal felony cases within each county. These types of cases would include murder, rape, major narcotics distribution along with a long list of other felony charges. The Superior Court also has jurisdiction over civil cases with damages claimed more than $50,000.

All trials before the Superior Court require the seating of 12 jurors. The District Courts in Massachusetts have jurisdiction over misdemeanor criminal cases and civil cases with claimed damages below $50,000 and utilize 6 person juries.

Beyond the keeping of all records, the Clerk of Courts is responsible for evidence retention, court sessions management, and the holding of significant amount of money for bails in criminal cases and escrows in civil matters.

The Clerk of Courts coordinates with the Regional Administrative Justice (RAJ) and Associate Justices of the court regarding all case assignments and the management of those cases throughout the entire court process.

With one exception the records of all cases within the Superior Court are public. It is the Clerk’s responsibility to provide the public a complete and accurate records that may be requested. The one exception is the retention of impounded records and evidence as ordered by the court.

The Clerk of Courts manages warrant requests presented by prosecutors and law enforcement agencies. It is the Clerk of Courts who must review and approve the returns of these warrants and maintain all records pertaining to them.

The Clerk of Courts, along with his office, also administers oaths to officials appointed by the Governor, state, and local agencies as well as new attorneys and notaries.

Clerk Driscoll is also appointed as a Justice of the Peace for Massachusetts to perform marriages for those members of the public requesting his services. This service is regularly requests by members of the military prior to deployment.

Dating back to 1853, there have been elected Clerks of the Superior Court in each county in Massachusetts. The Clerks are considered Constitutional offices and serve terms of six years.

As a constitutional officers, the Clerk of Courts is not dissimilar to the traditional statewide offices ofGovernor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Auditor, and members of the legislature.

In each county there are several constitutional offices. In addition to the Clerk of Courts, the District Attorney, Sheriff, Registrars of Probate and Deeds are also constitutional positions and elected by the residents of each county.