![OldSuffolkCMaCourt](https://upload.wikimedia.org/wikipedia/commons/6/62/OldSuffolkCMaCourt.JPG)
The Massachusetts Appeals Court is the intermediate
appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
of
. It was created in 1972 as a court of general
appellate jurisdiction
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
. The court is located at the
John Adams Courthouse
The Suffolk County Courthouse, now formally the John Adams Courthouse, is a historic courthouse building in Pemberton Square in Boston, Massachusetts. It is home to the Massachusetts Supreme Judicial Court (the state's highest court) and the M ...
at
Pemberton Square in
Boston
Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
, the same building which houses the
Supreme Judicial Court and the
Social Law Library
The Social Law Library, founded in 1803, is the second oldest law library in the United States. It is located in the John Adams Courthouse at Pemberton Square in Boston, Massachusetts, the same building which houses the Massachusetts Supreme Ju ...
.
Jurisdiction
The Appeals Court hears most appeals from the seven court departments of the Massachusetts Trial Court, including the
Superior,
District
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions o ...
,
Probate and Family,
Juvenile,
Land
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islan ...
,
Housing
Housing, or more generally, living spaces, refers to the construction and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether it ...
, and
Boston Municipal Court
The Boston Municipal Court (BMC), officially the Boston Municipal Court Department of the Trial Court, is a department of the Trial Court of the Commonwealth of Massachusetts, United States. The court hears criminal, civil, mental health, rest ...
departments. The Appeals Court also hears appeals from final decisions of certain Massachusetts administrative agencies, including the Department of Industrial Accidents, the
Appellate Tax Board, and the
Commonwealth Employment Relations Board
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
.
Some types of appeals are not heard before the Appeals Court. For example, an appeal from a conviction of
first degree murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
goes directly to the
Supreme Judicial Court. The Supreme Judicial Court can also elect to bypass review by the Appeals Court and hear a case on "direct appellate review." In the
District Court Department, appeals in certain
civil cases
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law r ...
are made first to the Appellate Division of the District Court before being eligible for appeal to the Appeals Court. After a decision by the Appeals Court, a party may seek "further appellate review" by requesting review by the Supreme Judicial Court.
Proceedings
The Appeals Court usually hears cases in three-judge panels, which rotate so that every judge has an opportunity to sit with every other judge. In addition to its panel sittings, the Appeals Court runs a continuous "single justice" session, with a separate docket. The single justice may review interlocutory orders and orders for injunctive relief issued by certain Trial Court departments, as well as requests for review of summary process appeal bonds, certain attorney's fee awards, motions for stays (postponement) of civil proceedings or criminal sentences pending appeal, and motions to review impoundment orders. Each associate justice sits as single justice for a month at a time. Appeals are heard from September through July at the
John Adams Courthouse
The Suffolk County Courthouse, now formally the John Adams Courthouse, is a historic courthouse building in Pemberton Square in Boston, Massachusetts. It is home to the Massachusetts Supreme Judicial Court (the state's highest court) and the M ...
as well as at special sessions held at various locations such as law schools throughout Massachusetts.
Justices
Twenty-five justices sit on the Appeals Court: one chief justice and twenty-four associate justices. The current chief justice of the Appeals Court is
Mark V. Green.
If a Massachusetts appellate justice (that is, a justice of either the Appeals Court or of the Supreme Judicial Court) attains age 70 and retires, that justice may be recalled to active service on the Appeals Court as needed. Currently, no recall justices are serving.
The court's current members, listed by seniority, are as follows:
* Chief Justice Mark V. Green
* Justice Ariane D. Vuono
* Justice Peter J. Rubin
* Justice
Gabrielle R. Wolohojian
Gabrielle R. Wolohojian is an American judge who serves as an associate justice of the Massachusetts Appeals Court.
Early life and career
The granddaughter of Armenian immigrants, Wolohojian graduated from Rutgers University in 1982, where she m ...
* Justice
James R. Milkey
* Justice Mary Thomas Sullivan
* Justice Diana L. Maldonado
* Justice Amy Lyn Blake
* Justice Gregory I. Massing
* Justice C. Jeffrey Kinder
* Justice Eric Neyman
* Justice Vickie L. Henry
* Justice Kenneth V. Desmond Jr.
* Justice Peter W. Sacks
* Justice James R. Lemire
* Justice Sookyoung Shin
* Justice Joseph M. Ditkoff
* Justice
Sabita Singh
Sabita Singh is an American lawyer and Judge of the Massachusetts Appeals Court.
On Oct. 25, 2006, the then Republican Massachusetts Governor Mitt Romney nominated Singh to be Judge of the Concord District Court. Her nomination was confirmed o ...
* Justice John C. Englander
* Justice Kathryn E. Hand
* Justice Marguerite T. Grant
* Justice Maureen E. Walsh
* Justice Rachel Hershfang
* Justice Andrew D'Angelo
* Justice Robert Brennan
Former justices:
*
Peter W. Agnes, Jr., associate justice, 2011-2020
*Christopher J. Armstrong, associate justice, 1972–2000, chief justice, 2000–2006, recall justice, 2006–2008. One of the original six justices of the court, fourth Chief Justice and the longest serving of the original members.
*Susan S. Beck, associate justice, 1997–2006. One of the most scholarly members of the court, came to the court after a lengthy career in public service, was so dedicated to her work that she was known to sleep on the couch in her chambers and was dedicated to fostering collegiality and joy among her colleagues.
*
Janis M. Berry, associate justice, 2001–2016.
*Frederick L. Brown, associate justice, 1976–2003, recall justice, 2003–2015. First African-American appointed to an appellate court in Massachusetts, served nearly 40 years on the Appeals Court.
* Judd J. Carhart, associate justice, 2010–2017.
* Cynthia J. Cohen, associate justice, 2001-2017
*
William I. Cowin, associate justice, 2001–2008.
*R. Ammi Cutter, recall justice, 1980–1990. At the age of 78, Justice Cutter was recalled to the Appeals Court after sixteen years on the SJC. Renowned and influential jurist.
*
Elspeth B. Cypher, associate justice, 2001–2017. Elevated to the
Supreme Judicial Court of Massachusetts
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functi ...
.
*Gordon Doerfer, associate justice, 2001–2007.
*Raya Dreben, associate justice, 1979–1997, recall justice, 1997–2011 Second woman appointed to the court. was a mentor to 11 justices on Appeals Court
*Francis R. Fecteau, associate justice, 2008–2015.
*Edith W. Fine, associate justice, 1984–1995. Third woman appointed to the court after Charlotte Peretta and Raya Dreben. Served in a wide variety of positions before coming to the court, ranging from SJC Law Clerk to ACLU-Maryland Staff Attorney to Assistant Corporation Counsel in Boston. In addition to her jurisprudence, steered reformation of the judicial process in the Commonwealth.
*
J. Harold Flannery
John Harold Flannery (April 19, 1898 – June 3, 1961) was an American attorney and politician who served as a member of the U.S. House of Representatives for Pennsylvania's 12th congressional district from 1937 to 1942.
Early life and educa ...
, associate justice, 1995-1998
*Andre Gelinas, associate justice, 1999–2008.
*Gerald Gillerman, associate justice, 1990–1994, recall justice, 1994–2002. Purple Heart Winner who became a lawyer after having a severely damaged leg, worked to make law comprehensible to all.
*Reuben Goodman, 1972–1982. One of the original six appointees in 1972, formerly served as the chief appellate public defender in the Commonwealth and was a special advisor to ACLU founder Roger Baldwin in Korea.
*Malcolm Graham, associate justice, 2004–2015.
* Andrew R. Grainger, associate justice, 2006–2017.
*
Donald Grant, associate justice, 1972–1988. One of the original six appointees in 1972, came to the court as an Appellate expert, and, in addition to outstanding jurisprudential contributions, innovated internal procedures that helped establish the court in its own right.
*Joseph Grasso, associate justice, 2001-2015
*
John Greaney, associate justice, 1978–1984, chief justice, 1984–1989. Second Chief Justice of the Appeals Court after Allan Hale.
*
Mel Greenberg
Mel Greenberg (born April 16, 1947) is an American sports journalist focusing on women's basketball.
Since 1970, Greenberg has written for ''The Philadelphia Inquirer'', where he predominantly covers college and professional women's basketball. ...
, associate justice, 1990–2007. Worcester native, former legal director of the Civil Liberties Union of Massachusetts, served on the District and Superior Courts, now an appellate advocate.
*Allan M. Hale, chief justice, 1972–1984, recall justice, 1984. First Chief Justice of the court.
* Sydney Hanlon, associate justice, 2009-2020
*George Jacobs, associate justice, 1989–2003.
*
Scott L. Kafker, associate justice, 2001–2015, chief justice, 2015–2017. Elevated to
Supreme Judicial Court of Massachusetts
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functi ...
.
*R. Marc Kantrowitz, associate justice, 2001–2015.
*
Benjamin Kaplan, recall justice, 1983–1991, 1993–2005. Worked on United States v. One Book Called Ulysses, served as a Nuremberg prosecutor, professor at Harvard Law (and authority on civil procedure), justice of the Supreme Judicial Court, and, subsequently, a long-serving recall justice on the Appeals Court.
*Rudolph Kass, associate justice, 1979–2000, recall justice, 2000–2003. One of the most prolific, soundest and most colorful writers on the court and is still active as a mediator.
*
Gary Stephen Katzmann
Gary Stephen Katzmann (born April 22, 1953) is a United States Judge of the United States Court of International Trade and former Massachusetts judge.
Biography
Katzmann received an Artium Baccalaureus degree in 1973 from Columbia College at ...
, associate justice, 2004–2016. Served on the Appeals Court until his appointment as a judge on the United States Court of International Trade.
*Edmund Kelville, associate justice, 1972–1979. One of the original six appointees along with Allan Hale, David Rose, Reuben Goodman, Donald Grant, and Christopher Armstrong.
*Kenneth Laurence, associate justice, 1990–2007.
*John Mason, associate justice, 2001–2004.
* Edward J. McDonough, associate justice, 2017-2020
*James F. McHugh, associate justice, 2001–2012.
*David A. Mills, associate justice, 2001–2012.
*
Joseph R. Nolan
Joseph Richard Nolan (June 14, 1925 – April 23, 2013) was an American jurist.
Early life and education
He was born in the Mattapan neighborhood of Boston, Massachusetts. He was the younger of two sons whose father was a school custodian and ...
, associate justice, 1980–1981.
*
Charlotte Anne Perretta
Charlotte Anne Perretta (1942-April 10, 2015) was the first woman to sit on the Massachusetts Appeals Court.
Early life and education
Perretta was born in 1942 and grew up in Hartford, Connecticut, to Lois ( Gubtil) and Armando Perretta, a homem ...
, associate justice, 1978–2009. First woman appointed to the Appeals Court, served as senior associate justice from 2003 to 2009.
*Elizabeth Porada, associate justice, 1990–2003, recall justice 2003–2004.
*Francis J. Quirico, recall justice, 1986–1987. After 13 years as a trial judge and 12 on the SJC, Justice Quirico sat on recall with the Appeals Court from 1986 to 1987. Justice Quirico also was still a recall judge in the Superior Court until approximately 1990.
*
Phillip Rapoza Phillip Rapoza is a retired American judge. He was chief justice of the Massachusetts Appeals Court until his retirement in 2015. He was appointed to this court in 1998 and became the Chief Justice in 2006. He has worked internationally, serving o ...
, associate justice, 1998–2006, chief justice, 2006–2015.
*
David A. Rose, associate justice, 1972–1976, recall justice, 1978–1985.
*Mitchell J. Sikora, Jr. associate justice, 2006-2014
*Kent B. Smith, associate justice, 1981–1997, recall justice, 1997–2012. First attorney appointed to serve indigent criminal defendants in Western Massachusetts, authored the authoritative treatise on criminal practice and procedure in the Commonwealth. Still was serving actively on recall at the time of his death.
* Joseph A. Trainor, associate justice, 2001-2018
*
Dalila Argaez Wendlandt
Dalila Argaez Wendlandt (born 1968/1969) is an associate justice of the Massachusetts Supreme Judicial Court. She is a former Associate Justice of the Massachusetts Appeals Court.
Early life and education
Wendlandt was born in New Orleans, th ...
, associate justice, 2017–2020, elevated to the Supreme Judicial Court in 2020.
The following justices have been elevated from the Appeals Court to the Supreme Judicial Court
*Justice
Elspeth B. Cypher, associate justice, 2001–2017, elevated to the Supreme Judicial Court in 2017.
*Justice Fernande R.V. Duffly, associate justice, 2000–2011, elevated to the Supreme Judicial Court in 2011.
*Chief Justice
John M. Greaney, associate justice, 1978–1984, chief justice, 1984–1989, elevated to the Supreme Judicial Court in 1989.
*Justice
Geraldine S. Hines
Geraldine S. Hines (born October 29, 1947) is an American retired judge who formerly served served as an associate justice of the Massachusetts Supreme Judicial Court from 2014 to 2017. She was nominated in July 2014 by Massachusetts Governor Dev ...
, associate justice, 2013–2014, elevated to the Supreme Judicial Court in 2014.
*Justice
Roderick Ireland, associate justice, 1990–1997, elevated to the Supreme Judicial Court in 1997, later elevated to Chief Justice of the SJC in 2010.
*Chief Justice
Scott Kafker, associate justice, 2001–2015, chief justice, 2015–2017, elevated to the Supreme Judicial Court in 2017.
*Justice
Barbara Lenk
Barbara A. Lenk (born December 2, 1950) is an American attorney and jurist who served as an associate justice of the Massachusetts Supreme Judicial Court. On April 4, 2011, Massachusetts Governor Deval Patrick nominated her to that position and s ...
, associate justice, 1995–2011, elevated to the Supreme Judicial Court in 2011.
*Justice
Joseph R. Nolan
Joseph Richard Nolan (June 14, 1925 – April 23, 2013) was an American jurist.
Early life and education
He was born in the Mattapan neighborhood of Boston, Massachusetts. He was the younger of two sons whose father was a school custodian and ...
, associate justice, 1980–1981, elevated to the Supreme Judicial Court in 1981.
*Justice
Francis X. Spina
Francis X. Spina (born November 13, 1946) is a former Associate Justice of the Massachusetts Supreme Judicial Court.
Biography
Justice Spina graduated from Amherst College and Boston College Law School. He worked for Western Massachusetts Legal S ...
, associate justice, 1997–1999, elevated to the Supreme Judicial Court in 1999.
* Justice
Dalila Argaez Wendlandt
Dalila Argaez Wendlandt (born 1968/1969) is an associate justice of the Massachusetts Supreme Judicial Court. She is a former Associate Justice of the Massachusetts Appeals Court.
Early life and education
Wendlandt was born in New Orleans, th ...
, associate justice, 2017–2020, elevated to the Supreme Judicial Court in 2020.
References
External links
*
{{DEFAULTSORT:Massachusetts Appeals Court
Appeals Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
State appellate courts of the United States
1972 establishments in Massachusetts
Government Center, Boston
Courts and tribunals established in 1972