General Laws of Massachusetts - Chapter 12 Department of the Attorney General, and the District Attorneys
- Massachusetts General Laws - Attorney general; supervision of department; salary; qualifications; term limitation - Chapter 12, Section 1
There shall be a department of the attorney general, under his supervision and control, organized as provided in this chapter. The attorney general shall receive...
- Massachusetts General Laws - Assistants and employees; appointment; duties; compensation; tenure; vacancies - Chapter 12, Section 2
The attorney general shall appoint a first assistant attorney general and may appoint such other assistants and employees as the duties of the department require....
- Massachusetts General Laws - Attorney general; disability; filling vacancies - Chapter 12, Section 2A
If the attorney general is disabled from performing his official duties, the first assistant attorney general shall perform the same during such disability. If the...
- Massachusetts General Laws - Annual personnel report - Chapter 12, Section 2B
The attorney general shall file an annual report not later than the first Wednesday in February with the senate and house committees on ways and...
- Massachusetts General Laws - Appearances for commonwealth, prosecution or defense; rendering of legal services; payment of expenses for representation of department of transportation - Chapter 12, Section 3
The attorney general shall appear for the commonwealth and for state departments, officers and commissions in all suits and other civil proceedings in which the...
- Massachusetts General Laws - Repealed, 1978, 512, Sec. 1 - Chapter 12, Section 3A to 3D
Repealed, 1978, 512, Sec.
- Massachusetts General Laws - Defense of actions against officers or employees - Chapter 12, Section 3E
Upon the filing with the attorney general of a written request by an officer or employee of any agency within the executive office of health...
- Massachusetts General Laws - Claims of commonwealth; enforcement - Chapter 12, Section 4
He shall enforce the collection of such money due on the bonds, notes and securities listed in the accounts transmitted to him under section nine...
- Massachusetts General Laws - Acceptance of gifts or grants of money or property - Chapter 12, Section 4A
The department may accept any gifts or grants of money or property, whether real or personal, from any source, whether public or private, including but...
- Massachusetts General Laws - Civil actions to recover money for commonwealth - Chapter 12, Section 5
All civil actions to recover money for the commonwealth may be brought in the name of the commonwealth by the attorney general or by a...
- Massachusetts General Laws - False claims; definitions applicable to Secs. 5A to 5O - Chapter 12, Section 5A
As used in sections 5A to 5O, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Claim”, a request...
- Massachusetts General Laws - False claims; liability - Chapter 12, Section 5B
(a) Any person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses...
- Massachusetts General Laws - Violations under Secs. 5B to 5O; investigation by attorney general; relators; civil actions - Chapter 12, Section 5C
(1) The attorney general shall investigate violations under sections 5B to 5O, inclusive, involving state funds or funds from any political subdivision. If the attorney...
- Massachusetts General Laws - Prosecution by attorney general; relator’s right to continue as party to action - Chapter 12, Section 5D
(1) If the attorney general proceeds with the action, he shall have primary responsibility for prosecuting the action, and shall not be bound by any...
- Massachusetts General Laws - Alternate remedies available to determine civil penalty - Chapter 12, Section 5E
Notwithstanding the provisions of section 5C, the attorney general may elect to pursue its claim through any alternate remedy available to the attorney general, including...
- Massachusetts General Laws - Payments to relators; limitations - Chapter 12, Section 5F
(1) If the attorney general proceeds with an action brought by a relator pursuant to section 5C, the relator shall receive at least 15 per...
- Massachusetts General Laws - Actions brought against governor, lieutenant governor, attorney general, treasurer, secretary of state, etc.; jurisdiction - Chapter 12, Section 5G
(a) No court shall have jurisdiction over an action brought pursuant to section 5C against the governor, the lieutenant governor, the attorney general, the treasurer,...
- Massachusetts General Laws - Money recovered by commonwealth; false claims prosecution fund - Chapter 12, Section 5H
(1) All money recovered by the commonwealth, as a result of actions brought by the attorney general or a person pursuant to sections 5B to...
- Massachusetts General Laws - Awards of attorney general fees and expenses; awards of costs and attorney fees against relators; liability - Chapter 12, Section 5I
(1) If the attorney general initiates an action or assumes control of an action brought by a person pursuant to sections 5B to 5O, inclusive,...
- Massachusetts General Laws - Employers preventing employees from acting to further false claim actions; liability - Chapter 12, Section 5J
(1) No employer shall make, adopt or enforce any rule, regulation or policy preventing an employee, contractor or agent from disclosing information to a government...
- Massachusetts General Laws - Limitation of actions; intervention by attorney general; final judgments in criminal proceedings - Chapter 12, Section 5K
(1) A civil action pursuant to sections 5B to 5O, inclusive, for a violation of section 5B may not be brought (i) more than six...
- Massachusetts General Laws - Preponderance of the evidence standard - Chapter 12, Section 5L
In any action brought pursuant to sections 5B to 5O, inclusive, the party bringing the action shall be required to prove all essential elements of...
- Massachusetts General Laws - Rules, regulations or guidelines; attorney general - Chapter 12, Section 5M
The attorney general may promulgate any rules, regulations or guidelines that, in the attorney general’s judgment, are necessary and appropriate to the effective administration of...
- Massachusetts General Laws - Civil investigative demands; attorney general - Chapter 12, Section 5N
(1) Notwithstanding any general or special law, procedural rule or regulation to the contrary, whenever the attorney general or a designee has reason to believe...
- Massachusetts General Laws - Agency reporting requirements - Chapter 12, Section 5O
Nothing in sections 5B to 5M, inclusive, shall be construed to relieve an agency of its reporting requirements regarding matters within that agency under chapter...
- Massachusetts General Laws - Consultation with and giving of advice and assistance to district attorneys - Chapter 12, Section 6
He shall consult with and advise district attorneys in matters relating to their duties; and, if in his judgment the public interest so requires, he...
- Massachusetts General Laws - Conferences of district attorneys and other officials; notification as to new laws - Chapter 12, Section 6A
He may from time to time, and as often as occasion may require, call into conference the district attorneys, the sheriffs of the several counties...
- Massachusetts General Laws - Persons intruding on land, property or rights of commonwealth; prosecution - Chapter 12, Section 7
He may, if in his judgment the public interest so requires, prosecute informations or other processes against persons who intrude on the land, rights or...
- Massachusetts General Laws - Due application of charity funds enforced - Chapter 12, Section 8
The attorney general shall enforce the due application of funds given or appropriated to public charities within the commonwealth and prevent breaches of trust in...
- Massachusetts General Laws - Definitions applicable to Secs. 8A to 8M - Chapter 12, Section 8A
As used in this section and in sections eight B to eight M, inclusive, the following words and phrases shall, unless a different meaning is...
- Massachusetts General Laws - Division of public charities; duties - Chapter 12, Section 8B
There shall be in the department of the attorney general a division of public charities which shall, under the direction and control of the attorney...
- Massachusetts General Laws - Director of public charities; designation - Chapter 12, Section 8C
The executive and administrative head of the division shall be an assistant attorney general designated by the attorney general to act as the director of...
- Massachusetts General Laws - Employees; appointment and removal - Chapter 12, Section 8D
The director may appoint and remove, subject to the approval of the attorney general, such accounting, investment, clerical and other experts and assistants as the...
- Massachusetts General Laws - Charitable corporations; registration by filing of information; exceptions; penalties; enforcement - Chapter 12, Section 8E
[ Subsection (a) effective until July 2, 2014. For text effective July 2, 2014, see below.] (a) A public charity established, organized or chartered under...
- Massachusetts General Laws - Annual reports of public charities; financial statements; fees; penalties; enforcement - Chapter 12, Section 8F
The trustee or trustees or the governing board of every public charity shall annually, at a time to be determined by the director, file with...
- Massachusetts General Laws - Attorney general as a party; service - Chapter 12, Section 8G
The attorney general shall be made a party to all judicial proceedings in which he may be interested in the performance of his duties under...
- Massachusetts General Laws - Investigations by attorney general - Chapter 12, Section 8H
(1) The attorney general, whenever he believes that charitable funds have not been or are not being applied to charitable purposes or that breaches of...
- Massachusetts General Laws - Compliance with investigations; enforcement; penalties - Chapter 12, Section 8I
A person upon whom a notice is served pursuant to the provisions of section eight H shall comply with the terms thereof unless otherwise provided...
- Massachusetts General Laws - Rules and regulations - Chapter 12, Section 8J
The director shall from time to time formulate such reasonable rules and regulations as may be necessary to carry out the provisions of sections eight...
- Massachusetts General Laws - Gift for public charitable purpose; presumed intention - Chapter 12, Section 8K
A gift made for a public charitable purpose shall be deemed to have been made with a general intention to devote the property to public...
- Massachusetts General Laws - Fiscal records - Chapter 12, Section 8L
Every public charity required to file written annual reports with the division pursuant to section eight F shall, in accordance with rules and regulations prescribed...
- Massachusetts General Laws - Public records; inspection - Chapter 12, Section 8M
Except as otherwise provided in this chapter, all registration statements, annual reports and all other information required to be filed under sections eight to eight...
- Massachusetts General Laws - Fees, costs, penalties and other monies; general fund - Chapter 12, Section 8N
All fees, attorneys fees, costs, civil penalties and other monies received by the commonwealth pursuant to sections eight through eight M or sections eighteen through...
- Massachusetts General Laws - Advice and aid to general court and committees - Chapter 12, Section 9
He shall, when required by either branch of the general court, attend during its sessions and give his aid and advice in the arrangement and...
- Massachusetts General Laws - Violations of court orders; restraint of trade; institution of investigations and appropriate actions - Chapter 12, Section 10
He shall take cognizance of all violations of law or of orders of courts, tribunals or commissions affecting the general welfare of the people, including...
- Massachusetts General Laws - Annual report of cases handled - Chapter 12, Section 11
He shall make an annual report showing the number of cases tried, argued or conducted by him during the preceding fiscal year, with suggestions and...
- Massachusetts General Laws - Division of civil rights and liberties - Chapter 12, Section 11A
There shall be in the department of the attorney general a division of civil rights and liberties. The attorney general shall designate an assistant attorney...
- Massachusetts General Laws - Board of commissioners on uniform state laws; obscene literature commission - Chapter 12, Section 11B
The board of commissioners on uniform state laws and the obscene literature commission are hereby declared to be within the department of the attorney general;...
- Massachusetts General Laws - Narcotic and harmful drugs; training program for law enforcement officers - Chapter 12, Section 11C
The attorney general shall establish a program designed to train law enforcement officials, including municipal, metropolitan and state police, in practices and procedures relating to...
- Massachusetts General Laws - Division of environmental protection - Chapter 12, Section 11D
There shall be in the department of the attorney general a division of environmental protection. The attorney general shall designate an assistant attorney general as...
- Massachusetts General Laws - Public utilities; office of ratepayer advocacy; intervention in legal proceedings on behalf of consumers; expenditure of funds; expert or consultant; information requests - Chapter 12, Section 11E
(a) There shall be within the office of the attorney general, an office of ratepayer advocacy. The attorney general, through the office of ratepayer advocacy,...
- Massachusetts General Laws - Insurance companies; intervention in legal proceedings on behalf of consumers; expenditure of funds - Chapter 12, Section 11F
The attorney general is hereby authorized to intervene in administrative or judicial proceedings held in the commonwealth on behalf of any group of consumers in...
- Massachusetts General Laws - Local consumer aid fund; eligibility for assistance - Chapter 12, Section 11G
There shall be established within the department of the attorney general a local consumer aid fund, which may receive and expend monies as may be...
- Massachusetts General Laws - Violations of constitutional rights; civil actions by attorney general; venue - Chapter 12, Section 11H
Whenever any person or persons, whether or not acting under color of law, interfere by threats, intimidation or coercion, or attempt to interfere by threats,...
- Massachusetts General Laws - Violations of constitutional rights; civil actions by aggrieved persons; costs and fees - Chapter 12, Section 11I
Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution...
- Massachusetts General Laws - Violations of constitutional rights; temporary restraining orders and injunctions; violations; punishment; vacation of order - Chapter 12, Section 11J
In actions brought pursuant to section eleven H or eleven I, whenever the court issues a temporary restraining order or a preliminary or permanent injunction,...
- Massachusetts General Laws - Division of victim compensation and assistance - Chapter 12, Section 11K
Subject to appropriation, there shall be established within the department of the attorney general a division of victim compensation and assistance to administer the provisions...
- Massachusetts General Laws - Unlicensed mental health and unlicensed health professionals; sexual contact with patients or clients; temporary restraining order, injunction; violation; penalty - Chapter 12, Section 11L
(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Former patient”, any person who...
- Massachusetts General Laws - Division of gaming enforcement - Chapter 12, Section 11M
(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings: “Commission”, the Massachusetts gaming commission...
- Massachusetts General Laws - Monitoring health care market trends; investigation of unfair methods of competition or anti-competitive behavior; exemption or waiver from federal law - Chapter 12, Section 11N
(a) The attorney general shall monitor trends in the health care market including, but not limited to, trends in provider organization size and composition, consolidation...
- Massachusetts General Laws - District attorneys; qualifications; election; term; appearances - Chapter 12, Section 12
There shall be a district attorney for each district set forth in the following section, who shall be a resident therein and a member of...
- Massachusetts General Laws - Districts for administration of criminal law or defense of civil actions - Chapter 12, Section 13
For the administration of the criminal law, or for the defense of civil actions brought pursuant to chapter two hundred and fifty-eight, Suffolk county shall...
- Massachusetts General Laws - Repealed, 1987, 723, Sec. 1 - Chapter 12, Section 14
Repealed, 1987, 723, Sec.
- Massachusetts General Laws - Practice of law prohibited; salary - Chapter 12, Section 15
District attorneys shall devote their full time during ordinary business hours to their duties, shall neither directly nor indirectly engage in the practice of law,...
- Massachusetts General Laws - Salaries of assistant district attorneys - Chapter 12, Section 16
Each district attorney shall, subject to appropriation and subject to the conditions of this section, appoint and may, at his pleasure, remove such assistant district...
- Massachusetts General Laws - Repealed, 1923, 398, Sec. 3 - Chapter 12, Section 17
Repealed, 1923, 398, Sec.
- Massachusetts General Laws - Appointment of an assistant to district attorney; compensation - Chapter 12, Section 18
If there is no assistant district attorney, the district attorney may employ a clerk to aid him; and in the northern, eastern, middle, Norfolk, Plymouth,...
- Massachusetts General Laws - Suffolk district; appointment of messengers and other employees - Chapter 12, Section 19
The district attorney for the Suffolk district may appoint a messenger and such stenographers, telephone operators and other office assistants as in his opinion the...
- Massachusetts General Laws - Additional legal assistants; tenure; compensation; powers - Chapter 12, Section 20
The district attorneys may each employ additional legal assistants. The length of time of such employment shall in no instance exceed six months. The amount...
- Massachusetts General Laws - Suffolk and Northern districts; special assistant district attorney, appointment and removal; duties; power; salary - Chapter 12, Section 20A
The district attorney for the Suffolk district and the district attorney for the northern district may each appoint an attorney at law as a special...
- Massachusetts General Laws - Repealed, 1975, 835, Sec. 3 - Chapter 12, Section 20B
Repealed, 1975, 835, Sec.
- Massachusetts General Laws - Special assistant district attorneys; appointment, removal and salary; participation in federal demonstration programs - Chapter 12, Section 20C
The district attorneys may each appoint and may remove at pleasure such additional attorneys-at-law as special assistant district attorneys as may be necessary to participate...
- Massachusetts General Laws - District Attorneys Association; executive director; report on criminally prosecuted child abuse and neglect cases - Chapter 12, Section 20D
The district attorneys may appoint a suitable person to serve as executive director to the Massachusetts District Attorneys Association for the purpose of promoting prosecutorial...
- Massachusetts General Laws - Suffolk district; police and detective service - Chapter 12, Section 21
The superintendent of police of Boston shall, upon the written request of the district attorney for the Suffolk district, detail for police and detective service...
- Massachusetts General Laws - Clerical and stenographic workers - Chapter 12, Section 22
The district attorney for the Northern, Norfolk and Plymouth districts may employ persons for clerical or stenographic work and may remove them at his pleasure....
- Massachusetts General Laws - Payment for traveling expenses; exceptions - Chapter 12, Section 23
Except as otherwise provided in section twenty-four of this chapter and in section fifteen of chapter two hundred and seventy-six, district attorneys and assistant district...
- Massachusetts General Laws - Expenses payable by commonwealth - Chapter 12, Section 24
A district attorney, in the name of the commonwealth, may contract such bills for stationery, experts, travel outside of the commonwealth by witnesses required by...
- Massachusetts General Laws - Advanced expenses; conditions; vouchers - Chapter 12, Section 25
Money to be used for the necessary expenses to be incurred by officers, under the direction of a district attorney, in going outside of the...
- Massachusetts General Laws - Advance of expenses necessary in performance of duties; limitation; accounting; unexpended balance - Chapter 12, Section 25A
Money to be used for necessary expenses to be incurred in the performance of the duties of a district attorney in relation to any investigation...
- Massachusetts General Laws - Court appointment of substitute in absence of attorney general and district attorney - Chapter 12, Section 26
The supreme judicial or superior court may at any sitting, in the absence of the attorney general and district attorney, appoint some suitable person to...
- Massachusetts General Laws - District attorneys; duties; control of attorney general - Chapter 12, Section 27
District attorneys within their respective districts shall appear for the commonwealth in the superior court in all cases, criminal or civil, in which the commonwealth...
- Massachusetts General Laws - Suits on recognizances; discontinuance - Chapter 12, Section 28
District attorneys shall commence suits upon recognizances in criminal cases within their respective districts within sixty days after default has been entered of record, or...
- Massachusetts General Laws - Accounting for fees, bills of costs and money received - Chapter 12, Section 29
The attorney general and the district attorneys shall account to the state treasurer for all fees, bills of costs and money received by them by...
- Massachusetts General Laws - Fees for services in performance of duty; appearance in civil action - Chapter 12, Section 30
No prosecuting officer shall receive any fee or reward from or in behalf of a prosecutor for services in any prosecution or business to which...
- Massachusetts General Laws - Repealed, 1975, 10, Sec. 4 - Chapter 12, Section 31
Repealed, 1975, 10, Sec.
- Massachusetts General Laws - Community based juvenile justice programs; district attorneys - Chapter 12, Section 32
(a) The district attorneys in the Suffolk, Middlesex, Essex, Worcester, Hampden, Hampshire/Franklin, Norfolk, Plymouth, Bristol, Cape and Islands and Berkshire counties shall operate community based...
Last modified: September 11, 2015