Judicial Biography

Born:

1953

Year admitted to bar:

1979

Year appointed/elected:

2002, by Gov. Jane M. Swift

Background

Education:

Washington and Lee University School of Law, 1979
Williams College, 1976

Professional

Legal Employment History:

Cain, Hibbard, Myers & Cook in Pittsfield (1982-2002);
Assistant district attorney, Berkshire District (1979-1982).

Civic and Community Activities

Memberships/Affiliations:

Massachusetts Bar Association;
Berkshire County Bar Association;
American College of Trial Lawyers

Reported Decisions
Other Links

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:	3.6	3.2	3.0
Is receptive to requests for continuances:	3.3	2.9	2.9
Is receptive to lawyers’ requests for jury instructions and voir dire questions:	3.5	3.2	3.1
Presents easy-to-follow and legally sound instructions to jury:	3.5	3.3	3.2
Gives lawyers an opportunity to be heard prior to making legal findings and rulings:	4.0	3.2	3.1
Explains decisions in a manner that is clear to litigants and jurors:	4.0	3.2	3.0
Addresses the following with respect
a) litigants and witnesses:	4.0	3.4	3.2
b) lawyers:	4.0	3.2	3.0
c) court staff:	4.0	3.6	3.5
Attentiveness:	4.0	3.4	3.2
Timeliness of orders, judgments and decisions:	3.8	3.2	3.2
Demonstrates knowledge of substantive law and rules of evidence:	4.0	3.0	3.0
Quality of written decisions:	3.5	2.8	2.9
Shows willingness to ignore
a) irrelevant considerations:	3.3	3.0	2.9
c) identity of lawyers or parties:	4.0	3.3	3.0
d) public pressure or outside interests:	4.0	3.4	3.2
Has ability to maintain control of courtroom:	4.0	3.5	3.4
Starts session on schedule and on time:	4.0	3.4	3.2
Shows an appropriate degree of preparedness:	3.8	3.2	3.1
Average Overall Rating:	3.8	3.2	3.1

	% Yes Answer	averages for judges of this court	averages of all judges
Regularly keeps sessions past 4 p.m.:	0	23	26
Allows lawyers to lobby their cases in chambers:	75	47	47
Is rigid follower of court-mandated time standards:	0	39	45
Behaves differently when cameras are in the courtroom:	0	21	24

Comments

1) Enjoy it your trial will be one of the best you have experienced.

2) Very reasonable, polite, and prepared. Will give you an excellent trial.

3) Be prepared, and be courteous.

4) At the pre-trial, held in chambers, the Judge was able to assist in resolving the matter by letting each party know where he saw problems with the case.

Judicial Profiles

Agostini, John A.