Table of Contents

Rule 14

The fee charged by a bail magistrate is governed by G.L. c. 262, § 24. The statute provides that such fee shall be received only by the bail magistrate who goes to the place of detention and completes the release. Fee splitting arrangements are prohibited.

This rule does not prohibit the taking of bail or releasing on personal recognizance for less than the maximum fee or without charge. However, if a fee is charged, payment shall be made in advance of the release.

The bail magistrate shall release a person without charging a fee if circumstances justify the release and the person is not able to pay the fee.

Clerk-magistrates and assistant clerks of the Superior, District, and Boston Municipal Courts and bail commissioners employed by the court shall not receive any fee or compensation, in addition to their salaries, for releasing a prisoner on bail or on personal recognizance during regular court hours.