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Court and Community News

Thursday, June 23, 2022
Fortes appointed chief justice of the District Court; U.S. District Court amends Local Rule 81.1 Removal

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Fortes appointed chief justice
of the District Court

Trial Court Chief Justice Jeffrey A. Locke this week announced the appointment of Judge Stacey J. Fortes as chief justice of the District Court for a five-year term in accordance with G.L. c.211B, §5.  
 
“I am delighted that Judge Fortes has agreed to serve in this important position at this challenging time as we emerge from the coronavirus pandemic,” said Locke. “Judge Fortes’ extensive experience as an attorney and as a judge for 16 years, and her passion and commitment to the largest department in the Trial Court, ensures that the District Court will thrive under her leadership.”
 
Fortes was appointed by Governor Mitt Romney to the District Court in 2006. Since 2014, she has served as a regional administrative justice, overseeing nine courts and the assignments of 26 judges. In 2017, she was appointed first justice of Lowell District Court. The same year, she was appointed chair of the District Court Committee on Racial and Ethnic Fairness. Prior to joining the bench, she was chief of District Court Prosecution for the Suffolk District Attorney, following her service as an assistant district Attorney in that office since 1994. Fortes is a graduate of American University and Suffolk Law School.
 
“I am extremely humbled and honored to be appointed as the next Chief Justice of the District Court and grateful for the confidence Chief Justice Locke has placed in me,” said Fortes. “I recognize that these are big shoes to fill – Chief Justice Dawley has been an outstanding Chief for all of us in the District Court. The strength of the District Court is the people who serve in the court and I look forward to working with them to continue serving the residents of the Commonwealth.”     
 
The District Court Department is composed of 62 divisions with 158 authorized judicial positions across the commonwealth. The Massachusetts Trial Court includes seven court departments with 385 judges who deliver justice in 97 courthouses across the state.  

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U.S. District Court amends Local Rule 81.1 Removal

The U.S. District Court for the District of Massachusetts has amended Local Rule 81.1, adding subsection (d) to the existing rule. These changes are effective immediately.

Rule 81.1 Removal

(a) Filing of State Court Record. Within 28 days after filing a notice for removal of an action from a state court to this court pursuant to 28 U.S.C. § 1446, the party filing the notice shall file certified or attested copies of all records and proceedings in the state court and a certified or attested copy of all docket entries in the state court.

(b) Failure to File. If the clerk has not received the papers required to be filed under subsection (a) within 42 days of the filing of the notice for removal, the case shall be remanded to the state court from which it was removed, unless the court directs otherwise.

(c) Remand. When a case is remanded to a state court, the clerk shall mail certified copies of the docket and order of remand, together with the remainder of the original file, to the clerk of the state court.

(d) Timing of Remand. Absent a court order to the contrary, no sooner than 30 days following an order of the court remanding a case to state court pursuant to 28 U.S.C. § 1447(c), the clerk shall remand the case to state court consistent with subsection (c). A motion for reconsideration of an order of remand shall not further delay the transfer of the file to state court unless the court orders otherwise.