Home / Judicial Profiles / Hinkle, Margaret R. (Retired)

Hinkle, Margaret R. (Retired)

Hinkle

Image credit: John Kennard

Superior Court

Three Pemberton Square
Boston, MA 02108

Phone: (617) 788-8130


Judicial Biography

Born:

May 23, 1940, St. Paul, Minn.

Year admitted to bar:

1977

Year appointed/elected:

1993, by Gov. William F. Weld

Pet Peeves

Other than being well prepared, I look for the following attributes in an attorney appearing before me:

“The ability to get to the point quickly and the foresight to have extra copies of briefs (in case the file is incomplete or unavailable).”

What displeases me the most is:

“Inflexibility and incivility.”

Background

Education:

Boston College Law School, 1977
College of Saint Catherine, St. Paul, Minn., 1961
Columbia University, M.A., 1964

Participation as a Faculty Member or Lecturer:

Clinical instructor, Harvard Law School (1991-1992);
Panelist, Oral Advocacy Workshop, MCLE (April 1, 1995);
Panelist, Investigating Financial Institution Fraud, FDIC, 1993;
Bank Fraud, MCLE, 1992;
Panelist, Trying the Big Case, MCLE, 1992;
Negotiation Strategies for Women Lawyers, MCLE, 1992;
Panelist, Hot FIRREA, Burning Issues in Bank and Thrift Failure Litigation, MCLE, 1991;
Panelist, Annual Advocacy Conference, MCLE, 1990 & 1991;
Panelist, Managing Complex Civil Litigation: Litigation on the Fast Track, MCLE, 1989;
Panelist, Business Litigation: New Developments in Civil and Criminal Enforcement, BBA, 1989;
Panelist, Claims and Defenses in Business Litigation: Recent Developments, BBA, 1987;
Panelist, Fundamentals of Civil Motion Practice, MCLE 1985, 1986 & 1987;
Panelist, “You be the Judge” – Practical Civil Trial Evidence, MCLE, 1987;
Panelist, Family Law Trial Advocacy Institute, MCLE 1987, 1988, 1989

Professional

Legal Employment History:

Director, New England Bank Fraud Task Force, U.S. Department of Justice (1992-1993);
Assistant U.S. attorney, Criminal Division (1989-1992);
Associate and partner, Goodwin, Procter & Hoar (1982-1989);
Associate, Berman, Dittmar & Engel (1980-1981);
Associate, Goodwin, Procter & Hoar (1978-1979);
Law clerk, U.S. District Court Judge Andrew A. Caffrey (1977-1978).

General Character of Law Practice Prior to Judgeship:

“Federal prosecutor and business litigator.”

Civic and Community Activities

Appointive or Elective Positions Held:

Participant, Massachusetts Project on Innovative Jury Trial Techniques (1997-2000);
Member, Massachusetts Sentencing Commission;
Member, Criminal History Systems Board.

Memberships/Affiliations:

Board of Editors, Massachusetts Lawyers Weekly (1999-present).

  • 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: 1.3 3.2 3.0
Is receptive to requests for continuances: 1.0 2.9 2.9
Is receptive to lawyers’ requests for jury instructions and voir dire questions: 1.0 3.2 3.1
Presents easy-to-follow and legally sound instructions to jury: 2.0 3.3 3.2
Gives lawyers an opportunity to be heard prior to making legal findings and rulings: 1.0 3.2 3.1
Explains decisions in a manner that is clear to litigants and jurors: 1.8 3.2 3.0
Addresses the following with respect      
a) litigants and witnesses: 2.0 3.4 3.2
b) lawyers: 1.0 3.2 3.0
c) court staff: 2.8 3.6 3.5
Attentiveness: 2.0 3.4 3.2
Timeliness of orders, judgments and decisions: 2.0 3.2 3.2
Demonstrates knowledge of substantive law and rules of evidence: 1.8 3.0 3.0
Quality of written decisions: 2.0 2.8 2.9
Shows willingness to ignore      
a) irrelevant considerations: 0.0 3.0 2.9
c) identity of lawyers or parties: 1.0 3.3 3.0
d) public pressure or outside interests: 0.0 3.4 3.2
Has ability to maintain control of courtroom: 1.3 3.5 3.4
Starts session on schedule and on time: 2.3 3.4 3.2
Shows an appropriate degree of preparedness: 2.0 3.2 3.1
Average Overall Rating: 1.5 3.2 3.1

 

  % Yes Answer averages for judges of this court averages of all judges
Regularly keeps sessions past 4 p.m.: 100 23 26
Allows lawyers to lobby their cases in chambers: 0 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) Do what many other members of the bar would advise:

AVOID AT ALL COSTS!

2) Here is a judge that regularly gets opposing counsel to agree on one fundamental fact – that she is the most difficult, unpleasant judge they have ever encountered. She is truly in a league of her own.

She appears to go out of her way to show counsel amd witnesses who is “boss.” I witnessed an outright refusas to grant a continuance to counsel who wished to visit a dying uncle in Maine, bringing him to tears in open Court. It was something I have never seen in many years of practice.

She is abrasive, unpleasant and pedantic. She makes trying a case a most unpleasant experience for all counsel. How she managed to stay on the bench all these years is amazing. Her personality is such that one wonders why she has not sought psychiatric intervention. She is NOT FIT to be a judge.

3) Approach opposing counsel to cooperate in a case continuance to shift the case to a different judge.

4) Gratuitously nasty:

— ill tempered

— does not follow through on many of her “pronouncements”

— inflexible, hostile and rude to counsel

— seems to desire to make the trial process as uncomfortable as possible and definitely succeeds in doing so.

I am traumatized that she is still on the bench.



Leave a Reply