Bill > S911

This bill, titled the "Judicial Ombudsman Act," proposes to establish a new office of Judicial Ombudsman in Massachusetts to enhance accountability and public trust in the judicial system. The Ombudsman, appointed by the governor and not required to be a lawyer but assisted by legal counsel, will serve a non-renewable three-year term and can appoint staff. This office will investigate decisions, actions (including excessive force or abuse of power), and procedures by judicial system authorities, which include state and local employees, officials, and law enforcement personnel like clerks, bailiffs, parole officers, probation officers, and police officers, but specifically excludes judges. If the Ombudsman discovers evidence of improper conduct by a judge, it must be immediately referred to the Commission on Judicial Conduct. The Ombudsman's investigations are generally private, but public hearings can be held if deemed essential, and findings can be made public. The Ombudsman and their staff are protected from giving evidence in court regarding information obtained through their duties, with limited exceptions for accusations of divulging confidential information or perjury trials. The Ombudsman has the authority to refuse or cease investigations under certain circumstances, such as if a complaint is filed too late, is frivolous, or if an adequate legal remedy exists and hasn't been pursued. The Ombudsman will report annually, or more often if deemed in the public interest, to various state officials and the legislature, and is empowered to hold public forums to educate citizens about their rights and court rules, and to gather data for recommendations to improve the justice system.