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Kane, Robert J.

Kane

Superior Court

Three Pemberton Square
Boston, MA 02108

Phone: (617) 788-8130


Judicial Biography

Born:

Feb. 26, 1947, Chelsea

Year admitted to bar:

1972

Year appointed/elected:

2001, by Gov. A. Paul Cellucci

Bench Service:

Edgartown District Court (1985-2001).

Pet Peeves

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

“A passion for justice that operates within a discriminating intellect are the qualities of mind I most desire.”

What displeases me the most is:

“A lawyer who does not regulate his conduct according to professional standards.”

Background

Education:

Boston College Law School, 1972
Fairfield University, 1969

Publications:

Co-author, “Violence Prediction Revisited,” New England Journal on Criminal and Civil Confinement (Winter 1993);
Author, “Towards a Policy of Fairness in Sentencing,” Massachusetts Lawyers Weekly (June 8, 1992).

Participation as a Faculty Member or Lecturer:

Adjunct professor, Southern New England Law School.

Professional

Legal Employment History:

First trial assistant, District Attorney’s Office, Bristol County (1980-1985);
Commissioner, Massachusetts Department of Revenue (1978-1979);
Public defender, Suffolk County (1972-1978).

General Character of Law Practice Prior to Judgeship:

“From 1980 to 1985 my practice involved the prosecution of complex criminal violations ranging from public corruption schemes to insulated gangland slayings. Not only did I prosecute these case, but I initiated and supervised the investigative approaches that produced many of the indictments….I practiced, prior to 1980, as a public defender in the Superior Court felony session, Superior Court misdemeanor session, Boston Juvenile Court, Dorchester District Court, and Boston Municipal Court. In these courts, I handled preliminary motions, probable cause hearings, bench and jury trials. My Superior Court felony session assignments were trial intensive with several trials involving offenses bearing potential life sentances.”

Civic and Community Activities

Appointive or Elective Positions Held:

Participant, Massachusetts Project on Innovative Jury Trial Techniques (1997-2000);
Commissioner of Revenue, Massachusetts Department of Revenue (Nov. 1978-Jan. 1979);
First deputy commissioner, Massachusetts Department of Revenue (Jan. 1978-Nov. 1978);
Executor director, Governor’s Committee on Criminal Justice (July 1995-Jan. 1978);
District Court Education Committee.

Honors:

Mason Robinson Award, New England Correctional and Delinquency Council (1992).

Memberships/Affiliations:

Board of Directors, Massachusetts Council for Public Justice;
Cofounder, “Changing Lives Through Literature” program;
Cofounder, “On the Edge” program.

  • 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: 3.7 3.2 3.0
Is receptive to requests for continuances: 3.0 2.9 2.9
Is receptive to lawyers’ requests for jury instructions and voir dire questions: 4.0 3.2 3.1
Presents easy-to-follow and legally sound instructions to jury: 4.0 3.3 3.2
Gives lawyers an opportunity to be heard prior to making legal findings and rulings: 3.0 3.2 3.1
Explains decisions in a manner that is clear to litigants and jurors: 3.0 3.2 3.0
Addresses the following with respect      
a) litigants and witnesses: 3.3 3.4 3.2
b) lawyers: 3.3 3.2 3.0
c) court staff: 3.3 3.6 3.5
Attentiveness: 3.7 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: 3.0 3.0 3.0
Quality of written decisions: 2.5 2.8 2.9
Shows willingness to ignore      
a) irrelevant considerations: 3.0 3.0 2.9
c) identity of lawyers or parties: 3.3 3.3 3.0
d) public pressure or outside interests: 3.3 3.4 3.2
Has ability to maintain control of courtroom: 3.3 3.5 3.4
Starts session on schedule and on time: 3.7 3.4 3.2
Shows an appropriate degree of preparedness: 3.7 3.2 3.1
Average Overall Rating: 3.3 3.2 3.1

 

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

 

Comments

1) Be respectful and prepared – and represent a Defendant.

2) He is a very nice man and he is polite and professional. His decisions in civil cases, however, are suspect. He is very pro-debtor. I represnt creditors. He reallly should be in the Bankruptcy Court. He denies most of my requests for pre-judgment relief. I have observed him in other cases and he seems very reluctant to award relief to others as well. This is not fair to creditors seeking to collect a vaid debt. I have had Complaints on Judgments and he still denies relief. I will be doing everything I can to avoid appearing before him again. It is embarassing to explain this to a client.

3) Be well prepared and versed in the law, be respectful of the court proceedings and you will get an extremely fair and respectful day in court with Judge Kane.

4) Judge Kane is very respectful of attorneys, defendants and all involved individuals. He is patient and knowledgable and extremely well-prepared.



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