Home / Inactive judges / Agnes Jr., Peter W. (retired)

Agnes Jr., Peter W. (retired)

AGNES JR.

Image credit: Matt Smolinsky

Superior Court

Three Pemberton Square
Boston, MA 02108

Phone: (617) 788-8130


Judicial Biography

Born:

April 12, 1950, Boston

Year admitted to bar:

1975

Year appointed/elected:

2000, by Gov. A. Paul Cellucci

Bench Service:

Charlestown District Court (1990-2000).

Background

Education:

Suffolk University Law School, 1975
Boston University, 1972

Publications:

Author, “ADR: An ‘Ambitious Blueprint For Change,'” Massachusetts Lawyers Weekly (Sept. 14, 1998);
Author, “Court-Connected ADR Has Come Of Age,” Massachusetts Lawyers Weekly (May 25, 1998);
Author, “Mediator’s Duty To Ensure Fairness Limited,” Massachusetts Lawyers Weekly (May 19, 1997);
Author, “Alternative Dispute Resolution: Moving Toward Comprehensive Justice Centers” (text of speech given to Massachusetts Council on Family Mediation), Massachusetts Lawyers Weekly (July 25, 1994);
Author, “Police Discretion in the Age of Mandatory Arrest,” (1988) (presented at fifth Annual Conference on Civil Liabilities of Law Enforcement Officials);
Author, “Civil Liability: Chief’s Duty to Train Officers” (1986) (presented at Third Annual Conference on Civil Liabilities of Law Enforcement Officials, Framingham State College);
Author, “The Future of the Grand Jury,” Criminal Justice Section News, Vol. 7, No. 2 (1985);
Editor, “The Civil Liability Alert” (1984);
Author, “Limits On the Use of Deception in Police Undercover Operations,” The Norfolk Report, Vol. II, No. 2 (1984);
Author, “The Release of Information By Law Enforcement Agencies,” The Norfolk Report, Vol. II, No. 1 (1984);
Editor, Law Enforcement Newsletter/Law Enforcement Bulletin;
Legal editor, Sentinel Magazine (1986-1989);
Author, “The Wiretep Statute and One Party Consent in Massachusetts,” The Norfolk Report, Vol. I, No. 1 (1983);
Author, “The Use of Electronic Tracking Devices in Conducting Surveillance,” The Norfolk Report, Vol. I, No. 2 (1983);
Author, “Searches and Inspections by School Authorities,” The Norfolk Report,” Vol. I, No. 3 (1983);
Editor, Police Criminal Investigations (1981);
Author, “A Primer on the Law of Discovery In Criminal Cases,” MBA (1981);
Author, “Stays of Execution Pending Appeal,” 65 Mass L. Rev. 1 (1980);
Author, “Prosecutor’s Trial Handbook” (1978);
Author, “Manual on Post-Conviction Practice and Procedure” (1978).

Professional

Legal Employment History:

Chief of operations, Gov. Michael S. Dukakis (1989-1990);
Assistant secretary, Office of Public Safety (1986-1989);
Interim executive director, Criminal Justice Training Council (1988-1989);
Assistant district attorney, Norfolk County (1982-1986);
Assistant district attorney, Middlesex County (1976-1982);
Law clerk, New Hampshire Supreme Court Justice Edward Lampron (1975-1976).

Civic and Community Activities

Honors:

Special recognition, Massachusetts Bar Association;
Special recognition, Massachusetts District Attorneys Association;
Special recognition, Massachusetts Chiefs of Police Association.

Memberships/Affiliations:

American Bar Association;
Massachusetts Bar Association;
Justinian Law Society;
South Middlesex Bar Association.
President of the Massachusetts Judges Conference (2009)

  • Reported Decisions
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Evaluations from Lawyers

4 = Excellent   3 = Good   2 = Fair   1 = Poor
  rating averages for judges of this court averages of all judges
Manages court time in a way that minimizes waiting around: 3.5 3.2 3.0
Is receptive to requests for continuances: 3.5 2.9 2.9
Is receptive to lawyers’ requests for jury instructions and voir dire questions: 3.3 3.2 3.1
Presents easy-to-follow and legally sound instructions to jury: 3.2 3.3 3.2
Gives lawyers an opportunity to be heard prior to making legal findings and rulings: 3.6 3.2 3.1
Explains decisions in a manner that is clear to litigants and jurors: 3.6 3.2 3.0
Addresses the following with respect      
a) litigants and witnesses: 3.7 3.4 3.2
b) lawyers: 3.6 3.2 3.0
c) court staff: 3.6 3.6 3.5
Attentiveness: 3.6 3.4 3.2
Timeliness of orders, judgments and decisions: 3.3 3.2 3.2
Demonstrates knowledge of substantive law and rules of evidence: 3.5 3.0 3.0
Quality of written decisions: 3.4 2.8 2.9
Shows willingness to ignore      
a) irrelevant considerations: 3.5 3.0 2.9
c) identity of lawyers or parties: 3.5 3.3 3.0
d) public pressure or outside interests: 3.3 3.4 3.2
Has ability to maintain control of courtroom: 3.6 3.5 3.4
Starts session on schedule and on time: 3.6 3.4 3.2
Shows an appropriate degree of preparedness: 3.5 3.2 3.1
Average Overall Rating: 3.5 3.2 3.1

 

  % Yes Answer averages for judges of this court averages of all judges
Regularly keeps sessions past 4 p.m.: 33 23 26
Allows lawyers to lobby their cases in chambers: 50 47 47
Is rigid follower of court-mandated time standards: 0 39 45
Behaves differently when cameras are in the courtroom: 100 21 24

 

Comments

1) Be prepared! Judge Agnes is a scholar and will ask you, politely, some pointed questions, although he is at all times respectful of counsel.

2) I have only appeared before Judge Agnes for argument on motions to dismiss and/or for summary judgment. He is always punctual and well-prepared, having thoroughly read and ruminated upon the parties’ pleadings before taking the bench. He is patient with pro se litigants who are often my opposing counsel where I am a legal counsel for the MA DOC. His written decisions, some of which have been adverse to my agency/clients, are nonetheless well written. He is intelligent and articulate- a model judge.

3) Be prepared and focus on the issues at hand.

4) Wonderful judicial temperment; picks up on the gist of cases and issues before him quickly, and acknowledges to the lawyers his understanding of their key concerns.

5) This is a very smart judge who will quickly focus on the issue(s) he considers to be significant in the case. You need to prepare for any trial or motion session as though you were before an appellate judge, with knowledge of the facts and law.

6) Know the rules, the facts of your case and do not attempt ad hominem

7) Judge Agnes is one of the best judges in the state. I argued a motion to dismiss before him and felt confident walking away that the judge is a real “law man.” I also like his respectful demeanor towards counsel. He reminds me a great deal of Judge Raymond Brassard. Very positive.

8) Know your case

9) Smart person

10) Be prepared, be respectful, be fairly low-key. Judge Agnes responds well to reasoned, logical argument.

11) Judge Agnes is a pleasure to appear before. He is intelligent, respectful, and fair.

12) Arrogant, disrespectful & demeaning to lawyers in front of clients & cameras.
Spends to much court time on his extracurricular activities..

Very thinned skinned but will respond to media pressure.



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