Governor Baker Nominates Three to Supreme Judicial Court
Historic opportunity elevates three highly-qualified judges to serve as SJC Associate Justices
BOSTON – In an historic and unprecedented opportunity to uphold the tradition of excellence of the Commonwealth’s highest court, Governor Charlie Baker today nominated Superior Court Justices Kimberly Budd, Frank Gaziano and David Lowy to serve as Associate Justices of the Supreme Judicial Court.
“These distinguished and well respected judges will bring nearly a century of combined experience to the Supreme Judicial Court, having dealt with the most complicated civil and criminal cases before the courts of the Commonwealth,” said Governor Baker. “I thank the Supreme Judicial Court Nominating Commission, my Chief Legal Counsel Lon Povich and Sharon Casey, the Executive Director of the Judicial Nominating Commission, for their diligent and tireless work in recommending a diverse group of candidates of the highest caliber and character, and we also wish the departing justices well in their retirement and future endeavors. Our legal system and the citizens of Massachusetts will be served well by the wealth of trial experience, temperament and sense of justice brought to the bench by these nominees.”
The nominees and their families joined Governor Baker and Lt. Governor Karyn Polito for a formal announcement today at the State House. The nominees, if confirmed, will replace Justice Francis Spina, Justice Robert Cordy and Justice Fernande Duffly who announced their retirements earlier this year.
“We have the utmost confidence these jurists will serve the Commonwealth’s highest court with distinction for years to come,” said Lt. Governor Polito. “All three have set themselves apart by their keen intellect, respectful demeanor and dedication to fairness in the judicial system. We look forward to the Governor's Council’s consideration of our nominees and on behalf of the Commonwealth, thank Justices Spina, Cordy and Duffly for their service.”
The Supreme Judicial Court is the Commonwealth's highest appellate court, consisting of the Chief Justice and six Associate Justices. The seven Justices hear appeals on a broad range of criminal and civil cases from September through May and issue written opinions that are posted online.
In February, Governor Baker named a statewide 12-member Supreme Judicial Nominating Commission (SJC-NC) to recruit, screen and recommend applicants to fill an unprecedented number of upcoming vacancies on the Commonwealth’s highest court. All judicial nominations are subject to the advice and consent of the Governor’s Council.
The Honorable Kimberly S. Budd has served as an Associate Justice in the Massachusetts Superior Court for the past six years, appointed by Governor Patrick in 2009. She is currently the Regional Administrative Justice for Middlesex Criminal Business and is responsible for overseeing the management and administration of the criminal business in Middlesex County. Prior to her appointment, Budd’s career has spanned the private, public, and academic sectors.
Judge Budd began her legal career as a law clerk to the Chief Justice in the Massachusetts Appeals Court in 1991. She then moved to the private sector as a litigation associate at Mintz, Levin, Cohn, Ferris, Clovsky and Popeo P.C., while teaching legal writing and advocacy as an adjunct instructor at New England School of Law. She returned to the public sector as an Assistant U.S. Attorney in the United States Attorney’s Office before serving as Director of the Community Values program at Harvard Business School for five years from 2004-2009, and as the University Attorney for Harvard University in the General Counsel’s Office from 1998 to 2003.
Judge Budd earned her Bachelor’s degree in English from Georgetown University, graduating Magna Cum Laude in 1988 and a law degree from Harvard Law School in 1991. She resides in Newton with her family.
The Honorable Frank M. Gaziano has served as an Associate Justice in the Massachusetts Superior Court for the past twelve years, appointed by Governor Romney in 2004. He has presided over both criminal and civil sessions and is the chair of the Supreme Judicial Court Standing Committee on Criminal Rules, a member of the Supreme Judicial Court Model Homicide Instruction Committee, and a member of the Trial Court Committees on Bail, Evidence Retention and Storage, and Security. He was the Former Regional Administrative Justice for Plymouth County and Suffolk Superior Criminal Business and has a wealth of experience serving in the public sector. Prior to his appointment, Judge Gaziano served as a Federal Prosecutor and First Assistant United States Attorney for the District of Massachusetts from 2001 to 2004. There, he was a member of the Organized Crime Strike Force and prosecuted high profile and complex cases. Before that, at the state level, Judge Gaziano was a Deputy First Assistant District Attorney for Plymouth County for ten years, from 1991 to 2001. As an Assistant District Attorney, he prosecuted numerous major felony cases including homicides, and represented the Commonwealth on appeal before the Supreme Judicial Court and Appeals Court. He began his career as a litigation associate at Foley, Hoag & Eliot in 1989. In addition to his legal work, Gaziano also lectured at Stonehill College, teaching criminal law and criminal procedure.
Judge Gaziano earned his Bachelor’s degree in 1986 from Lafayette College and a law degree from Suffolk University Law School in 1989, graduating Magna Cum Laude. He was ranked second in his class and an editor and member of the Suffolk Law Review. He resides in Scituate with his family.
The Honorable David A. Lowy has served as an Associate Justice in the Massachusetts Superior Court for the past fifteen years, nominated by Governor Paul Cellucci in 2001. Prior to that, he served as Associate Justice in the District Court for four years from 1997-2001. Judge Lowy has extensive experience in academia, he has been an adjunct professor of law at Boston University School of Law since 2006 teaching Evidence and Trial Advocacy, and has also been an adjunct professor of law at New England Law Boston since 1991, teaching evidence and criminal procedure classes. He was also an adjunct professor at Suffolk University Law School for eleven years. Before serving in the District Court, Judge Lowy served as an Assistant District Attorney in the Suffolk County District Attorney’s Office as a member of the Gang Unit from 1995 to 1997. He also worked under Governor William Weld and Lt. Governor Paul Cellucci as Deputy Legal Counsel concentrating on matters concerning criminal justice and the judiciary from 1992 to 1995. Prior to working in the Weld administration, he was an Assistant District Attorney in the Essex County District Attorney’s Office in Salem, Massachusetts. He began his legal career as a litigation associate at Goodwin Proctor for two years, taking a year in-between supported by the firm to clerk for the Honorable Edward F. Harrington of the United States District Court for the District of Massachusetts from 1988 - 1989.
Judge Lowy earned his Bachelor’s degree in History, graduating as part of the Phi Beta Kappa and Phi Kappa Phi honor societies from the University of Massachusetts Amherst in 1983, and a law degree from Boston University School of Law in 1987, graduating Magna Cum Laude. He resides in Marblehead with his family.