Boston Municipal Court

Trial court in Massachusetts, United States

Boston Municipal Court

(BMC)

The Edward W. Brooke Courthouse, 24 New Chardon Street, Boston houses the Administrative Office of the Boston Municipal Court Department and is home to the Central Division.

42°21′47″N 71°03′42″W﻿ / ﻿42.363007°N 71.061544°W﻿ / 42.363007; -71.061544
Established| February 23, 1822[1]
Jurisdiction| Suffolk County, Massachusetts
Location| Boston
Massachusetts
Coordinates| 42°21′47″N 71°03′42″W﻿ / ﻿42.363007°N 71.061544°W﻿ / 42.363007; -71.061544
Appeals to| Appellate Division of the Boston Municipal Court (Civil)
Massachusetts Appeals Court (Criminal)
Number of positions| 30
Website| Boston Municipal Court
Chief Justice
Currently| Tracy-Lee Lyons
Since| 2024
Lead position ends| 2028[2]

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, restraining orders, and other types of cases. The court also has an appellate division (composed of justices that sit in rotating panels of three) which reviews questions of law that arise from civil matters filed in the eight divisions of the department.

## History

[edit]

### Boston Police Court and Justices' Court for the County of Suffolk

[edit]

The court's history dates to 1822, the year in which Boston was chartered as a city. Two courts were established, both served by the same judges: the Boston Police Court, to hear criminal matters, and the Justices' Court for the County of Suffolk, to address civil claims. The two courts remained distinct until 1860 when the Justices' Court was abolished, and its civil jurisdiction transferred to the Police Court.[1]

### Municipal Court of the City of Boston/Boston Municipal Court Department

[edit]

In 1866, the Police Court was abolished, and its records and jurisdiction transferred to the newly created Municipal Court of the City of Boston.[1] In 1978, the Massachusetts Court Reform Act established the Boston Municipal Court Department as one of the seven departments of the Trial Court of Massachusetts.[3] In 2003, the department expanded to eight divisions, after it was given authority by the Massachusetts Legislature over seven other Boston-based courts.[4]

### Probation pioneer

[edit]

The Boston Police Court has the distinction of participating in the initial development of the modern concept of probation in the United States. In 1841 John Augustus, the "Father of Probation", persuaded a judge in the Police Court to give him custody of a convicted "common drunkard" for a brief period. The offender was ordered to appear in court three weeks later for sentencing. He returned to court accompanied by Augustus a sober man, his appearance and demeanor dramatically changed. The judge was so impressed with his sober and dignified appearance that he waived the usual penalty of 30 days in jail and instead levied a fine of one cent plus court costs ($3.76).[5]

Augustus thus began an 18-year career as a volunteer probation officer, subsequently credited with founding the investigations process, one of three main concepts of modern probation, the other two being intake and supervision. Augustus was also the first to apply the term "probation" to his method of treating offenders from the Latin verb "probare": to prove, to test.[6]

In 1878 a law was passed by the legislature authorizing the Mayor of Boston to appoint a probation officer for Suffolk County.[7] The continued success of the system led to its extension to district and police courts in other towns and cities in the state. In 1898 a law was passed extending the probation system by authorizing the appointment of probation officers by the Superior Court.[7]

## Jurisdiction

[edit]

The jurisdiction of the court is within Suffolk County, Massachusetts, and the types of criminal cases that may be filed include most felonies and misdemeanors that do not require a state prison sentence, as well as felonies punishable by a sentence of up to 5 years. If a state prison sentence is mandated, the Court may conduct probable cause hearings to determine whether offenses will be bound over to the Superior Court. Magistrates conduct hearings to issue criminal complaints and arrest warrants, and to determine whether there is probable cause to detain persons arrested without a warrant. Both judges and magistrates issue criminal and administrative search warrants.

The types of civil cases that may be filed in the BMC include contract, tort and replevin actions in which the likely recovery does not exceed $50,000;[8][Note 1] small claims cases in which the amount in controversy does not exceed $7,000[Note 2] (initially tried before a magistrate, with a defense right of appeal either to a judge or jury); summary process/eviction cases; supplementary process cases; mental health matters (including involuntary commitments and medication orders, and supervision of criminal defendants committed for mental observation or have been found incompetent to stand trial, or after an insanity acquittal); abuse prevention/restraining orders and harassment prevention orders; civil motor vehicle infraction appeals (initially tried before a magistrate, with a right of appeal to a judge and a final appeal to the appellate division); paternity and support actions; and violations of certain city ordinances and by-laws. In certain circumstances, civil actions may be filed in the BMC even if the parties do not reside or have a usual place of business in Suffolk County,[9] or if the defendant resides or does business outside the state.[10]

The court has jurisdiction for review of findings of the Massachusetts State Police Trial Board and equitable jurisdiction in lead poisoning prevention; landlord interference with quiet enjoyment or failure to provide utilities; sanitary code; and residential nuisances. The court also has jurisdiction to review government agency actions, such as unemployment compensation appeals, victim of violent crime compensation appeals, and firearms license appeals.[11]

## Divisions

[edit]

* Brighton Division
* Central Division
* Charlestown Division
* Dorchester Division
* East Boston Division
* Roxbury Division
* South Boston Division
* West Roxbury Division[4][12]

## Composition

[edit]

The court consists of a Chief Justice and 30 Associate Justices appointed by the Governor of Massachusetts with the consent of the Governor's Council. The Judges hold office until the mandatory retirement age of seventy. Chief Justice Tracy-Lee Lyons was appointed in 2023, effective January 1, 2024.[2]

### Judges

[edit]

As of 2024, the court's members are as follows:[13]

Judge  | Began active
service  | Appointed by  | Notes

|
|
|

Hon. Tracy-Lee Lyons  | 2006  | Mitt Romney | Chief Justice
Hon. Margaret F. Albertson  | 2022  | Charlie Baker |
Hon. David J. Breen  | 2015  | Deval Patrick | First Justice, Roxbury
Hon. James W. Coffey  | 2001  | Jane Swift | First Justice, Central
appointed to District Court, designated as a BMC judge 2003
Hon. Kathleen E. Coffey  | 1993  | William Weld | First Justice, West Roxbury
Appointed to District Court, designated as a BMC judge 2003
Hon. Debra A. DelVecchio  | 2014  | Deval Patrick  |
Hon. David T. Donnelly  | 2002  | Jane Swift  | First Justice, Brighton
Appointed to District Court, designated as a BMC judge 2003
Hon. Maureen Flaherty  | 2021  | Charlie Baker  |
Hon. Kenneth J. Fiandaca  | 2008  | Deval Patrick  |
Hon. John E. Garland  | 2021  | Charlie Baker  |
Hon. Lisa Grant  | 2014  | Deval Patrick  | First Justice, Charlestown
Hon. Lisa Ann Grant  | 2014  | Deval Patrick  |
Hon. Joseph M. Griffin, Jr.  | 2022  | Charlie Baker  |
Hon. Thomas S. Kaplanes  | 2013  | Deval Patrick  |
Hon. Steven M. Key  | 2019  | Charlie Baker  |
Hon. Stephen McClenon  | 2021  | Charlie Baker  |
Hon. John E. McDonald, Jr.  | 2013  | Deval Patrick  | First Justice, South Boston
Hon. David B. Poole  | 2008  | Deval Patrick  |
Hon. Erika Reis  | 2022  | Charlie Baker  |
Hon. Roberto Ronquillo, Jr.  | 2001  | Paul Cellucci | Appointed to District Court, designated as a BMC judge 2003
(Chief Justice 2013–2023)
Hon. Richard J. Sinnott  | 2017  | Charlie Baker  |
Hon. James M. Stanton  | 2017  | Charlie Baker  |
Hon. Mark H. Summerville  | 1993  | William Weld  |
Hon. Paul M. Treseler  | 2019  | Charlie Baker  |
Hon. Jonathan R. Tynes  | 2013  | Deval Patrick  | First Justice, Dorchester
Hon. Samir Zaganjori  | 2021  | Charlie Baker  |

### Chief Justices

[edit]

* John W. Bacon (1866–1871)[1]
* Mellen Chamberlain (1871–1878)[1]
* John Wilder May (1878–1883)[1]
* William E. Parmenter (1883–1902)[1]
* John Freeman Brown (1902–1906)[14]
* Wilfred Bolster (1906–1939)[15]
* F. Delano Putnam (1939–1943)[16]
* Davis B. Keniston (1943–1954)[17]
* Elijah Adlow (1954–1973)[18][19]
* Jacob Lewiton (1973–1978)[20]
* Harry J. Elam (1978–1983)[21]
* Theodore A. Glynn, Jr. (1983–1986)[22]
* Joseph F. Feeney (1986–1988)[23]
* William J. Tierney (1988–2002)[24]
* Charles R. Johnson (2003–2013) (Acting 2002–2003)[25]
* Roberto Ronquillo, Jr. (2013–2023)[26]
* Tracy-Lee Lyons (2024–)

### Notable former judges

[edit]

Hon. George Lewis Ruffin

* Jennie Loitman Barron, 1937–1959; first woman to serve as a full-time judge in Massachusetts.[27]
* Matthew Brown, 1962–1972; special justice of the Municipal Court of Boston[28]
* Margaret Burnham, 1977–1982; First African American female judge in Massachusetts[29][30]
* Richard J. Chin, 1989–1993; first Asian American judge in Massachusetts.[31]
* Joseph DeGuglielmo, 1971–1978, associate justice and former Mayor of Cambridge, Massachusetts[32]
* Harry J. Elam, 1971–1983 (Chief Justice 1978–1983); first African American Chief Justice in Massachusetts, and the first African-American appointee to the BMC.[21]
* Serge Georges Jr., 2013–2020; In 2020, Georges was appointed to the Massachusetts Supreme Judicial Court.
* Linda Giles, 1991–1998; First openly LGBT female appointed as a judge in Massachusetts[33]
* Charles A. Grabau, 1979–1985; first Hispanic judge in Massachusetts.[34]
* Myong J. Joun, 2014–2023; In 2023, Joun was appointed by President Joe Biden to the United States District Court for the District of Massachusetts.
* Dermot Meagher, 1989–2006; first openly gay judge in Massachusetts.
* George A. O'Toole Jr., 1982–1990; In 1995 O'Toole was nominated by President Bill Clinton to a new seat on the United States District Court for the District of Massachusetts. O'Toole presided over the 2015 trial of Dzhokhar Tsarnaev, one of the perpetrators of the Boston Marathon bombing.[35]
* George Lewis Ruffin, 1883–1886; appointed to Municipal Court of Charlestown; first African-American judge in the United States.[21]
* Eleanor C. Sinnott, 2006–2023; First Korean-American judge in Massachusetts[36]
* George Duncan Wells, 1859–1862; resigned his seat and entered the service during the Civil War, died in Strasburg, Virginia on October 13, 1864.[1]
* Mario Umana, 1973–1991

## Specialty sessions

[edit]

Specialty Courts are problem-solving court sessions which provide court-supervised probation and mandated treatment focused on treating the mental health or substance abuse issues underlying criminal behavior. The BMC has the following specialty court sessions:

* Recovery Court
* Homeless Court
* Mental Health Session
* Veterans Treatment Session[37]

## Notable cases

[edit]

* Commonwealth v. Glik No. 0701CR6687 (2007)
* Justices of Boston Municipal Court v. Lydon, 466 U.S. 294 (1984)

## See also

[edit]

* Courts of Massachusetts
* List of courthouses in Boston

## Images

[edit]

Former homes

* Court house, School Street, Boston (1822–1836)

* Suffolk County Courthouse, Court Square, Boston (1836–1891)

* "Old" Suffolk County Courthouse, Pemberton Square, Boston (1891–1936)
Civil Business (1939–2001)

* Young's Hotel, Court St., Boston. Temporary while "New" building was under construction. (1936–1939)

* "New" Suffolk County Courthouse, Pemberton Square, Boston.
Criminal Business (1939–2001)

* John W. McCormack Post Office and Courthouse, Devonshire Street, Boston (2001–2005)

## Notes

[edit]

1. ^ "Notwithstanding the limitation...courts may proceed with actions for money damages in any amount in summary process actions." Massachusetts General Laws, Chapter 218, Section 19.
2. ^ "...however, that said dollar limitation shall not apply to an action for property damage caused by a motor vehicle, and for a review of judgments upon such claims when justice so requires." Massachusetts General Laws, Chapter 218, Section 21.

## References

[edit]

1. ^ a b c d e f g h William Thomas Davis (1900). History of the Judiciary of Massachusetts. The Boston Book Company.
2. ^ a b "Honorable Tracy-Lee Lyons Appointed Chief Justice of the Boston Municipal Court". mass.gov.
3. ^ "Massachusetts Court Reform Act (1978)" (PDF). State Library of Massachusetts.
4. ^ a b "Session Laws: Chapter 45 of the Acts of 2003". General Court of the Commonwealth of Massachusetts.
5. ^ "The Father of Probation in America". floydcounty.in.gov.
6. ^ "History of Probation". nyc.gov. Archived from the original on October 30, 2018. Retrieved September 11, 2016.
7. ^ a b Massachusetts (1663). Acts and resolves passed by the General Court. State Library of Massachusetts. Boston : Secretary of the Commonwealth.`{{cite book}}`: CS1 maint: publisher location (link)
8. ^ "Supreme Judicial Court Increases Procedural Amount for Civil Actions in District Court and Boston Municipal Court". mass.gov.
9. ^ "General Laws: CHAPTER 223, Section 2". malegislature.gov.
10. ^ "General Laws: CHAPTER 223A". malegislature.gov.
11. ^ "Jurisdiction of the BMC Department". mass.gov.
12. ^ "Boston Municipal Court Divisions". mass.gov.
13. ^ "Boston Municipal Court Justices". mass.gov.
14. ^ City of Boston (1916). Report of the Municipal Court of the City of Boston, December, 1915. City of Boston Printing Department.
15. ^ "MADE CHIEF JUSTICE." The Boston Globe, page 2, September 13, 1906.
16. ^ "CHIEF JUSTICE BOLSTER NEVER PUT ON AN ACT" The Boston Globe, page B20, April 9, 1939.
17. ^ "Keniston Not Surprised by Judicial Appointment" The Boston Globe, page 7, January 21, 1943.
18. ^ "Boston Municipal Court's Chief Justice "Man in the Street Judge" The Boston Globe, page C1, May 2, 1954.
19. ^ "Judge Adlow takes a stroll" The Boston Globe, page 37, April 11, 1976.
20. ^ "Jacob Lewiton sworn in to head Municipal Court" The Boston Globe, page 17, March 28, 1973.
21. ^ a b c "Long Road-Judges". Massachusetts Historical Society.
22. ^ "CHIEF JUSTICE" The Boston Globe, page 1, October 5, 1983.
23. ^ "JUDGE FEENEY IS NAMED CHIEF JUSTICE OF THE BOSTON MUNICIPAL COURT" The Boston Globe, page 30, February 20, 1986.
24. ^ "BOSTON MUNICIPAL COURT CHIEF JUDGE NAMED" The Boston Globe, page 19, May 14, 1988.
25. ^ "JUDGE JOHNSON TO HEAD MUNICIPAL COURT" The Boston Globe, page B2, April 1, 2003.
26. ^ "Trial Court Chief Justice Paula M. Carey Reappoints Honorable Roberto Ronquillo Jr. Chief Justice of the Boston Municipal Court". mass.gov.
27. ^ Jennie Loitman Barron, Jewish Women's Archives
28. ^ "Paid Notice: Deaths BROWN, THE HONORABLE MATTHEW". The New York Times. September 7, 2003.
29. ^ Holloran, Peter C. (May 1, 2017). Historical Dictionary of New England. Rowman & Littlefield. ISBN 9781538102190.
30. ^ "Law professor Margaret Burnham named Carnegie Fellow". Retrieved February 1, 2018.
31. ^ Asian American Lawyers Association of Massachusetts. "AALAM - Asian American Lawyers Association of Massachusetts - History". aalam.org.
32. ^ "Judge Joseph A. DeGuglielmo; Was Cambridge Mayor, Manager". Boston Globe. May 19, 1983.
33. ^ "Judge Linda Giles - Lavender Law". The LGBTQ+ Bar. January 26, 2021. Retrieved September 2, 2022.
34. ^ "GRABAU'S WILLINGNESS TO TAKE STANDS FINDS HIM IN SPOTLIGHT AGAIN". highbeam.com. The Boston Globe March 30, 1989. Archived from the original on April 2, 2015.
35. ^ Boston Marathon Bombing CNN. January 2, 2015.
36. ^ Asian-American Lawyers Association of Massachusetts. "AALAM Announcements". aalam.org. Archived from the original on March 22, 2015.
37. ^ "What are Specialty Courts?". mass.gov.

## Further reading

[edit]

* "Inside the Secret Courts", Boston Globe, Spotlight, September 30, 2018

## External links

[edit]

* Official website
* Boston Municipal Court Judicial Calendars

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