Rules Governing Persons Authorized to Admit to Bail Out of Court

Rules Governing Persons Authorized to Admit to Bail Out of Court  Bail Rule 1 Definitions

Effective Date: 07/01/2014

Table of Contents

A. "Bail Magistrate"

is a person authorized to admit to bail out of court, including a clerk-magistrate or assistant clerk of the Superior Court, District Court, or Boston Municipal Court who has registered with the Office of Bail Administration, a bail commissioner inside or outside of Suffolk County, or, if appointed by the Governor in accordance with G.L. c. 221, § 53 or G.L. c. 218, § 36, a master in chancery or a justice of the peace, respectively.

B. "Jurisdiction"

refers to the territory within which a bail magistrate may set or take bail or release on personal recognizance.

C. "Division"

refers to the Brighton, Central, Charlestown, Dorchester, East Boston, Roxbury, South Boston, or West Roxbury Division of the Boston Municipal Court.

D. "Home Court"

- with respect to bail commissioners, it refers to the district court or county listed in their commissions of appointment. With respect to Superior Court clerk-magistrates and assistant clerks, it refers to the superior courthouse in the county where their designated office is located. With respect to District or Boston Municipal Courts clerk-magistrates and assistant clerks, it refers to the district or division, respectively, listed in their commissions or the district or division to which they are regularly assigned.

E. "Professional Bondsman"

refers to a person or agent for a corporation who acts as a bail or surety for a defendant in a criminal case and who has received, has been promised, or expects to receive a fee, pay, or reward for acting as bail or surety. Such person must be approved and registered as a professional bondsman by the Superior Court.

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