Francis Patrick O'Connor
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Francis Patrick O'Connor (December 12, 1927 – August 3, 2007) was an American lawyer and jurist from
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
. He was long-time associate justice on the
Massachusetts Supreme Judicial Court 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 fu ...
who was noted for his frequent and thorough dissents.


Early life, education and military service

He was born in Boston to Thomas and Florence O'Connor, and was raised in Belmont. He attended Belmont Public Schools and graduated from
Boston College High School Boston College High School (also known as BC High) is an all-male, Society of Jesus, Jesuit, Catholic Church, Catholic College-preparatory school, college-preparatory day school in the Columbia Point, Boston, Columbia Point neighborhood of Dorche ...
in 1945. He graduated from the
College of the Holy Cross The College of the Holy Cross is a private Jesuit liberal arts college in Worcester, Massachusetts, United States. It was founded by educators Benedict Joseph Fenwick and Thomas F. Mulledy in 1843 under the auspices of the Society of Jesus. ...
in 1950, after serving two years in the
U.S. Army The United States Army (USA) is the primary land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of the United Stat ...
during the occupation of Korea. In 1953, he graduated from
Boston College Law School Boston College Law School (BC Law) is the law school of Boston College, a private Jesuit research university in Chestnut Hill, Massachusetts. It is situated on a campus in Newton, Massachusetts, about from the university's main campus in Chestn ...
and was admitted to the
Massachusetts Bar The Massachusetts Bar Association (MBA) is a voluntary, non-profit bar association in Massachusetts with a headquarters on West Street in Boston, Boston's Downtown Crossing. The MBA also has a Western Massachusetts office. The purpose of the MB ...
, and later to the U.S. District Court for the District of Massachusetts and the
United States Court of Appeals for the First Circuit The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts ...
.


Early career

O'Connor served as a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
to the Honorable Raymond S. Wilkins, Chief Justice of the Massachusetts Supreme Judicial Court, from 1953 to 1954. From 1954 to 1976, Justice O'Connor practiced law at Friedman, Atherton, Sisson & Kozol in Boston, and Mason, Crotty, Dunn & O'Connor and Wolfson, Moynihan, Dodson & O'Connor in
Worcester Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, Engl ...
. Prior to his tenure on the bench, he served as a member of the Supreme Judicial Court Advisory Committee on the Rules of Civil Procedure and the Supreme Judicial Court's Mental Health Legal Advisors Committee. O'Connor received honorary
Doctor of Law A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
s degrees from the
New England School of Law New England Law Boston (formerly New England School of Law, and styled as New England Law Boston) is a private law school in Boston, Massachusetts. It was founded as Portia School of Law in 1908 and is located in downtown Boston near the Massa ...
and
Suffolk University Law School Suffolk University Law School (also known as Suffolk Law School) is the Private university, private, non-sectarian law school of Suffolk University located in Downtown Boston, downtown Boston, across the street from the Boston Common and the Fr ...
.


As justice

In 1976, on the recommendation of his peers at the Bar Association, Governor Michael S. Dukakis appointed Justice O'Connor to the
Massachusetts Superior Court The Massachusetts Superior Court (also known as the Superior Court Department of the Trial Court) is a trial court department in Massachusetts. The Superior Court has original jurisdiction in civil actions over $50,000, and in matters where equ ...
, where he served with distinction for 5 years. In October 1981, Governor Edward J. King announced his intention to nominate O'Connor to the
Massachusetts Supreme Judicial Court 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 fu ...
. Governor King appointed O'Connor to the Court in hopes he would be a Justice who would reliably oppose abortion, but Justice O'Connor made it clear to the
Governor's Council The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. The British monarch issued colonial charters that established either royal colonies, propriet ...
he would not be easily pigeonholed–– notably breaking with conservative jurisprudence on issues such as the
death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
. Later that month, the
Massachusetts Governor's Council The Massachusetts Governor's Council (also known as the Executive Council) is a governmental body that provides advice and consent in certain matterssuch as judicial nominations, pardons, and commutationsto the Governor of Massachusetts. Council ...
made the unusual move of suspending the customary one-week waiting period, and voting unanimously in favor of O'Connor's confirmation the same day as his hearing. Upon his appointment to the bench, O'Connor became the first Supreme Judicial Court Law Clerk to return to the state's highest court as an associate justice and the first graduate of
Boston College Law School Boston College Law School (BC Law) is the law school of Boston College, a private Jesuit research university in Chestnut Hill, Massachusetts. It is situated on a campus in Newton, Massachusetts, about from the university's main campus in Chestn ...
to serve on the Supreme Judicial Court. Justice O'Connor was widely recognized in the legal community for the respectful tone he set in the courtroom, his honesty, his integrity, and the courtesy he extended to all parties and counsel who appeared before him. At a special 2008 sitting of the Supreme Judicial Court held in Justice O'Connor's memory, a representative from the
Massachusetts Bar Association The Massachusetts Bar Association (MBA) is a voluntary, non-profit bar association in Massachusetts with a headquarters on West Street in Boston's Downtown Crossing. The MBA also has a Western Massachusetts office. The purpose of the MBA is t ...
noted that for years, O'Connor biography in
Who's Who in America Marquis Who's Who, also known as A.N. Marquis Company ( or ), is an American publisher of a number of directories containing short biographies. The books usually are entitled ''Who's Who in...'' followed by some subject, such as ''Who's Who in A ...
was just three lines–– followed by a list of his ten children.


"Great Dissenter"

O'Connor was known for his detailed decisions, sometimes opposing the majority on the Court, which led to the nickname the "Great Dissenter". In one such dissent, O'Connor argued that the Court majority's decision to create 'buffer zones' between protestors and abortion clinics would "impermissibly chill" people's right to protest. Though noted for his dissents, O'Connor wrote numerous majority opinions of significant importance. In a 1987 majority opinion that denied a woman the right to sue for damages if her boyfriend was injured in a work accident, O'Connor wrote that if unmarried couples were given the same rights as married couples, it would subvert the institution of marriage. Similarly, in 1993 O'Connor acted for the court when he refused to sign an injunction which prohibited queer people from marching in
South Boston South Boston (colloquially known as Southie) is a densely populated neighborhood of Boston, Massachusetts, United States, located south and east of the Fort Point Channel and abutting Dorchester Bay (Boston Harbor), Dorchester Bay. It has under ...
's St. Patrick's Day Parade.


Later years

Justice O'Connor announced his retirement from the Court in early 1997. In an interview with
The Boston Globe ''The Boston Globe,'' also known locally as ''the Globe'', is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes. ''The Boston Globe'' is the oldest and largest daily new ...
following the announcement, he joked that "Sure, I'll miss it. But I won't be sitting around the house with my head down missing it. I am going to do some other stuff... I'm going to look for work as a greenskeeper." In recognition of his year's of service to the Supreme Judicial Court Substance Abuse Project Task Force, O'Connor was named honorary chairman upon his retirement. In 2000, O'Connor was diagnosed with
Alzheimer's disease Alzheimer's disease (AD) is a neurodegenerative disease and the cause of 60–70% of cases of dementia. The most common early symptom is difficulty in remembering recent events. As the disease advances, symptoms can include problems wit ...
, from which he died in August 2007. Upon learning of O'Connor's death, Governor
Deval Patrick Deval Laurdine Patrick (born July 31, 1956) is an American politician who served as the 71st governor of Massachusetts from 2007 to 2015. He was the first African Americans, African-American Governor of Massachusetts and the first Democratic Pa ...
issued a statement in which he said:
I was deeply saddened to learn of the passing of former Supreme Judicial Court justice Francis P. O'Connor. Justice O'Connor served our highest court with honor and distinction for many years and was widely respected and admired for his intellect, his integrity and humanity, and his commitment to the legal community and beyond.
Justice Greaney, who served on the bench with O'Connor was quoted as saying:
He was one of the most distinguished and knowledgeable judges that I know. He approached each case with impartiality, with a great deal of legal research and thought, and wrote opinions that would stand as precedent long after he retired from the court.
Justice O'Connor and his wife, Ann, had 10 children, 34 grandchildren, and two great-grandchildren.


References

* * {{DEFAULTSORT:Oconnor, Francis P. College of the Holy Cross alumni Boston College Law School alumni 2007 deaths 1927 births Deaths from Alzheimer's disease in Massachusetts 20th-century Massachusetts state court judges 21st-century American lawyers 20th-century American lawyers United States Army non-commissioned officers Massachusetts Superior Court justices Justices of the Massachusetts Supreme Judicial Court Lawyers from Boston