Judicial Profiles
Margot Botsford
Justice
Supreme Judicial Court
John Adams Courthouse
One Pemberton Square
Boston, MA 02108
Phone: (617) 557-1000
Judicial Biography
Born:
March 16, 1947, New York City
Year admitted to bar:
1973
Year appointed/elected:
1989 to Superior Court; 2007 to SJC, by Gov. Michael S. Dukakis
Bench Service:
2007-2017, Supreme Judicial Court
1989-2007, Superior Court
Background
Education:
Northeastern University School of Law, 1973
Barnard College, 1969
Publications:
Editor, “District Attorney’s Child Sexual Abuse Task Force Report,” Middlesex County District Attorney’s Office (1986);
Co-editor, “Handbook of Legal Res. in Massachusetts,” MCLE (1982, 1988);
Editor, “Protecting the Rights of Elderly Clients,” MCLE (1980).
Professional
Legal Employment History:
Assistant district attorney (chief, Appeals Bureau and chief, Family & Community Crimes Bureau), Middlesex County District Attorney’s Office (1983-1989);
Partner, Rosenfeld, Botsford & Krokidas (1979-1983);
Assistant attorney general (Government Bureau & chief of opinions), Attorney General’s Office (1975-1979);
Associate, Hill & Barlow (1974-1975);
Law clerk, Supreme Judicial Court Justice Francis J. Quirico, Supreme Judicial Court (1973-1974).
Civic and Community Activities
Appointive or Elective Positions Held:
Participant, Massachusetts Project on Innovative Jury Trial Techniques (1997-2000);
Member, Governor’s/Massachusetts Bar Association Committee on Unmet Legal Needs of Children (1986-1988);
Member, Governor’s Special Advisory Board on Forensic Mental Health;
Member, Massachusetts Special Commission on Violence Against Children (1988-1989).
Memberships/Affiliations:
Infants and Other People, Inc. (Board of Directors, 1983-1984; chairwoman of board, 1984-1985);
Board of Trustees, Katherine Gibbs School, Inc.;
Civil Liberties Union of Massachusetts;
MCLE (director, 1975-1977; Curriculum Committee, 1984-1985).
- Reported Decisions
- Other Links
Opinions Summarized in Lawyers Weekly
- Civil service – Assistant clerk-magistrate – Removal
- Criminal – Murder – Manslaughter instructions
- Licenses and permits – Gaming Commission – Casino
- Casino challengers win partial SJC victory
- Corporate – Derivative action – Merger
- EMC merger deal could only be challenged by derivative action
- Criminal – Kidnapping – Domestic violence – Jury selection
- Juvenile – GPS monitoring – Sex offender registration
- GPS monitoring of youthful offender reversed
- Criminal – Disorderly conduct – ER psychiatric area
- Conviction over ‘psych ward’ belligerence vacated
- Search and seizure – Child pornography – Home computer
- Criminal – Child pornography – Lascivious intent
- Search and seizure – Traffic stop – Firearm
- Taxation – Excise – Manufacturing corporation
- Biotech co. taxed as ‘manufacturing corporation’
- Criminal – Murder – Reduced charge
- Workers’ compensation – Recoupment – Insolvent insurer
- Taxation – Proportionality – Telephone company property
- Criminal – Murder – Transferred intent
- Prisons – Solitary confinement – Mootness
- Inmate class action reinstated
- Criminal – Sentencing – Mandatory minimum terms
- Departures from mandatory minimum sentences disallowed
- Criminal – Harassment – Freedom of speech
- Criminal harassment convictions vacated by SJC
- Criminal – Murder – DNA
- New trial denied in North End murder case
- Evidence – Identification – Confrontation
- Taxation – Financial institution excise tax
- Taxation – Fiduciary income tax – Trustee
- Out-of-state bank must pay Mass. fiduciary income tax
- Elections – Initiative petition – Education
- SJC invalidates ballot question on education
- Lawyers taking issue with SJC limits on juror contact
- Defective mortgage acknowledgment cured by attorney affidavit
- Mortgages – Acknowledgement – Defect – Affidavit
- Jury and jurors – Post-verdict inquiry by counsel
- SJC expands counsel’s right to contact jurors
- Search and seizure – Cellphone – CSLI – Juror notes
- Criminal – ACCA – Prior offenses
- Prior dug convictions deemed one offense under ACCA
- Retirement – Forfeiture – Fine
- Tort – SLAPP – Harassment prevention order
- Criminal – Police interview – Right to terminate questioning
- Arbitration – Judicial review
- Employment – FMLA – Retaliation
- Criminal – Attempted murder
- Criminal – Effectiveness of counsel – Interrogation
- Tort – Statute of limitations – Child abuse
- Criminal – Murder – Mental illness – DNA
- Civil practice – Commitment – Alcoholism – Substance abuse
- Education – Public records
- Criminal – Murder – Jury instructions
- Search and seizure – CSLI – Warrant requirement
- Motor vehicles – Traffic stop – Marijuana
- Criminal – Stalking – Social media
- Evidence – Hearsay – ‘Learned treatise’ exception – Internet
- Search and seizure – CSLI
- Mortgages – Notice – Default
- Criminal – Aggravated rape – Murder
- Domestic relations – DVRS
- Motor vehicles – Breath test – Reliability
- Criminal – Murder
- Criminal – Police officer – Assault
- Criminal – Murder – Joint venture
- Search and seizure – Medical marijuana – Registration
- Products liability – Medication – Ibuprofen
- Criminal – Life sentence – Juvenile
- Criminal – Parole – Juveniles
- Criminal – Retroactivity – Crime bill
- Attorneys – Fees – Rule 15(d)
- Insurance – PIP – IME – Physician
- Search and seizure – ‘Target standing’
- Taxation – Excise – Out-of-state assets
- Criminal – Murder
- Juvenile – Sex offender – Registration
- Criminal – Secret recording – One-party consent rule
- Criminal – Right to remain silent
- Motor vehicles – Dealer – Standing – G.L.c. 93B
- Criminal – Right to remain silent
- Civil service – Indictment – Suspension
- Public utilities – Energy generating facility – Water supply
- Public utilities – Energy generating facility – Brockton
- Search and seizure – Interlocutory appeal – Timeliness
- Corporate – Settlement proceeds – Actual malice
- Judges – Suspension authority – Register of Probate
- Retirement – Board – Trustee process – Sovereign immunity
- Criminal – Murder – Jailhouse phone calls
- Real property – Eminent domain – Access
- Tort – MTCA – Presentment
- Criminal – Murder
- Mortgages – Rescission – Recoupment
- Tort – Defamation – Limitations
- Corporate – Close corporation – Fiduciary duties
- Criminal – ‘Upskirting’
- Criminal – Resisting arrest – Guilty plea
- Search and seizure – Cellphone – CSLI
- Criminal – Murder – Second degree – Mental illness
- Judges – Confirmation
- Labor – Prevailing wages – DALA
- Administrative – Employee compensation – Mosquito control project
- Evidence – Police questioning – Six-hour rule
- Criminal – Stipulation
- Civil practice – SDP – Counsel – Qualified examiners
- Criminal – Murder – Courtroom closure
- Insurance – MedPay – Health coverage
- Evidence – Toxicologist – Laboratory testing
- Search and seizure – Third party’s residence
- Employment – Associational discrimination
- Evidence – Email – Search warrant – Privilege
- Arbitration – Tenure – Community college
- Insurance – Insolvency Fund – G.L.c. 93A – Fees
- Criminal – Murder – DNA
- Consumer protection – G.L.c. 93A – Wrongful death
- Criminal – Murder – Witness – Privilege
- Attorneys – Bar counsel – BBO – Immunity
- Criminal – Marijuana – Cultivation
- Criminal – Murder – Joint venture
- Parent and child – Support – Inconsistency
- Consumer protection – G.L.c. 93, section105(a) – Credit card transactions
- Retirement – Reimbursement of health insurance premiums
- Criminal – Self-defense – Prior violent acts
- Civil rights – Damages – Default
- Criminal – Probable cause hearing – Timing
- Search and seizure – Cell phone
- Search and seizure – Cell phone
- Criminal – Expungement
- Wills and trusts – Adoption
- Judges – Courtroom broadcasts
- Attorneys – Privilege – ‘At issue’ waiver – Work product
- Taxation – Charitable exemption – Foundation – Public university
- Jury and jurors – Postverdict inquiry
- Mortgages – Foreclosure – Authorized agent of note holder
- Municipal – Removal of city councilor
- Criminal – Murder – Armed assault with intent to murder
- Juvenile – Student identification card
- Motor vehicles – Suspension – Refusal
- Municipal – Recreational use statute
- Criminal – Murder
- Criminal – Accessory – Murder
- Constitutional – Freedom of speech and press – ‘Live streaming’
- Criminal – Larceny – False pretenses
- Administrative – Landfill – Site assignment – Standing
- Evidence – Experts – SDP
- Bankruptcy – Homestead – Trust
- Insurance – Claim settlement practices – Damages
- Municipal – Landfill – Standing
- Public utilities – Cape wind project – PPA
- Zoning – Special permit
- Criminal – Appeal of murder conviction
- Appeals – Immunity – Witnesses
- Coverall loses Wage Act appeal
- Employment – Wage Act – Workers’ compensation insurance – ‘Franchise fees’
- Employment – Wage Act – Retroactivity – Treble damages
- Criminal – Murder – Jury selection – Publicity
- Criminal – Murder – Instructions – Mental illness – Drugs
- Attorneys – Suspension – Stay
- Criminal – Felony-murder – Armed home invasion
- Criminal – Felony-murder – Arson
- Attorneys – Pro hac vice admission
- Public utilities – Natural gas – Rate increase
- Civil practice – Antipsychotic medication – Mootness – Notice
- Employment – G.L.c. 151B – Former employee
- Insurance – Unlicensed broker
- Real property – Unauthorized practice of law
- Criminal – Threatening to commit a crime – Intimidating a witness
- Criminal – Bail – Surety
- Criminal – First-degree murder
- Employment – Arbitration
- Criminal – Murder – Vehicle stop
- Criminal – Murder – Closing argument
- Employment – Wage Act – Deduction
- Licenses and permits – Nurse
- Evidence – DNA
- Municipal – Town’s suit against state agency
- Criminal – Probation – Notice
- Employment – MCAD – Scope of complaint and investigation
- Civil practice – SDP – Discharge – Qualified examiners
- Juvenile – Incompetency to stand trial – Dangerousness
- Criminal – Probation – GPS
- Zoning – HAC – Permit – Conditions
- Criminal – Rape – Evidence kit
- Civil practice – Default – Damages
- Arbitration – Teacher – English fluency
- Constitutional – Double jeopardy – Retrial
- Attorneys – Disbarment – Crime
- Criminal – Murder – Armed robbery
- Parent and child – Termination of parental rights – Visitation
- Criminal – Probation – GPS (448212)
- Landlord and tenant – Section 8 – Arrest
- Insurance – Duty to defend – Counsel fees
- Attorneys – Reciprocal discipline – Resignation
- Public utilities – Electric company
- Civil practice – Sex offender – Funds to retain expert
- Criminal – First-degree murder – Intercepted telephone statements
- Banks and banking – ‘Subprime’ loans – Foreclosure – Preliminary injunction
- Attorneys – Waiver of bar-examination-eligibility rule
- Evidence – Business records – Bank
- Criminal – Murder In First Degree – Prosecutorial Misconduct
- Education – MCAS – English And Math Competency Requirements
- Agency And Partnership – Accounting – Limitations – Death
- Criminal – Stalking – Threats
- Insurance – Homeowners Policy – Molestation
- Insurance – Claim Settlement Practices – Investigation – Offer
- Contract – Promissory Note – Guaranty
- Contract – Construction – Summary Judgment
- Jury And Jurors – Individual Voir Dire – Mental Impairment – Murder
- Criminal – First-Degree Murder – Admissibility Of Statements – Insanity Instruction
- Criminal – Felony-Murder – Burglary
- Criminal – Homicide – Failure To Appear For Fingerprinting
- Insurance – Comprehensive Liability Policy – Counsel Fees
- Real Property – Eminent Domain – Mootness Of Landfill Permit Dispute
- Insurance – Release – Overturning Of 'Thaler' Rule
- Constitutional – Sex Offender Registry – Burden Of Proof – Due Process
- Products Liability – Breast Implants – Breach Of Warranty
- Criminal – Insanity Defense – Defendant's Opposition – First-Degree Murder
Decisions Reviewed on Appeal
- Appeals – G.L.c. 211, section3 – Reinstatement of murder appeal
- Judges – Nomination – Appointment
- Licenses and permits – Social worker
- Corporate – Parent – Commercial lease
- Public utilities – Electric rates – Bad debt costs
- Appeals – G.L.c. 211, section3 – Sentencing
- Appeals – G.L.c. 211, section3 – DNA
- Search and seizure – Foreign driver’s license
- Civil practice – Single justice – Discretion
- Wills and trusts – Reformation
- Labor – ‘Evergreen’ clause
- Criminal – Murder – Fingerprints
- Search and seizure – Warrants – Territorial jurisdiction
- Public utilities – Cape wind project
- Criminal – Murder – Autopsy
- Appeals – Dismissal motion – Hearing
- Retirement – Accidental Disability – Heart attack
- Criminal – Rape – Indecent assault and battery
- Criminal – First-Degree Murder – Admissibility Of Statements – Insanity Instruction
- Criminal – Felony-Murder – Burglary
- Criminal – Homicide – Failure To Appear For Fingerprinting
- Insurance – Comprehensive Liability Policy – Counsel Fees
- Real Property – Eminent Domain – Mootness Of Landfill Permit Dispute
Articles about the judge, quoting the judge, etc.
- New protocol adopted by SJC for Dookhan cases
- SJC orders juvenile to register as sex offender
- Dismissal of MTCA suit vs. hospital reversed
- Employer can be sued for ‘associational’ bias
- Conviction affirmed despite DNA errors
- Judge can disregard jury findings on 93A
- SJC clarifies standard for support modification
- SJC rules on status of adoptees
- SJC rules on ‘at issue’ waiver of privilege
- Juror-contact rules clarified
- SJC tosses armed assault conviction
- Live streaming of cases OK’d
- Tort judgment deemed basis for 93A damages
- Cape Wind deal is upheld by SJC
- Bid for judge’s recusal denied
- Wage Act change not retroactive
- First-degree murder conviction vacated
- SJC affirms ruling vs. Bay State Gas
- SJC justice erred in dismissing case
- Ex-employees can file anti-retaliation claims
- Issues unresolved in ‘NREIS’ ruling
- Arbitration agreement doesn’t block complaint
- SJC weighs in on closely-watched employment case
- Wage ‘docking’ policy prohibited
- Mob murders case remanded over DNA
- ‘Evergreen’ clause in CBA is unenforceable
- SJC justice sees no conflict with foundation work
- Housing appeal board’s authority upheld by SJC
- Fingerprint evidence reliable, SJC decides
- Cape wind project approved by SJC
- Judge writes for majority … and joins concurrence
- Damages vacated for lack of findings
- SJC backs teacher fired for failing test
- SJC justice: ‘Melendez-Diaz’ doesn’t apply to OUI case
- Reporter’s SLAPP defense rejected
- SJC takes aim at fees in case
- SJC issues ruling in fee-shifting case
- Lawyer takes Fifth in front of Supreme Judicial Court
- Ruling restricts foreclosures on ‘subprime’ loans
- Forfeiture – Drug transaction – Cash
- Civil practice – Limitations – SDP
- Jury and jurors – Peremptory challenge – Race
- Workers' compensation – Prima facie evidence
- Injuries not required in 93A lawsuit against automaker
- Counsel fees awarded as 21E 'response costs'
- Nationwide 93A lawsuit denied class certification (443933)
- Health insurer can deny benefits based on 'MedPay'
- SJC urges new limits on contingency fees
- Patrick taps Judge Botsford to fill SJC vacancy
- What goes around …
- Attorney sentenced for stealing $1.5M
- Manslaughter deal struck in '81 death
- Calling it quits
- $2.3M in attorneys' fees awarded in racetrack battle
- Abuse Suit Against Nuns To Proceed
- Brokers Hit With TRO For Taking Clients To New Job
- Client Can't Force Firm To Release Trial Notes
- Fraud Victims Get New Trial After Witnesses Come Forward
- Worker Exposed To Asbestos, Diagnosed With Cancer
- $1.5M Verdict In Suit Vs. Town For Denial Of Permit
- State Sued By 19 School Districts
- Worker May Sue Carrier Over E-Mail Privacy Suit
- Rules For Filing In Business Litigation Session
- Breast Abnormality Never Biopsied – Despite Treatment Two Years Later, Cancer Metastasized
- Judge Won't Waive MCAS Requirement
- Biz Court 'Resounding Success'
- Learning From Losing
- Superior Court Business Litigation Session Expanded
- Federal Court To Hear MCAS Suit
- The Future Of The 'Business Court'
- Motion To Halt MCAS Requirement Denied
- What To Know About The Business Litigation Session
- Business Lit.Session Grows; New Counties Slow To Join
- $21.4M Award For Failure To Perform Caesarean Section
- $21.4M Verdict For Failure To Perform C-Section: Child Suffered Permanent, Severe Injuries At Birth
- Top 10 Jury Verdicts 2002: #3
- Premises Liability – Slip & Fall On Ice — Faulty Overhang
- Motor Vehicles – Rear-End Collision — Defense Verdict
