Home / Judicial Profiles / McCann, John S. (Retired)

McCann, John S. (Retired)

McCann

Superior Court

Three Pemberton Square
Boston, MA 02108

Phone: (617) 788-8130


Judicial Biography

Born:

June 20, 1940, Worcester

Year admitted to bar:

1966

Year appointed/elected:

2000, by Gov. A. Paul Cellucci

Bench Service:

Westborough District Court (1993-2000).

Background

Education:

Vanderbilt University School of Law, 1966
College of the Holy Cross, 1963

Publications:

Author, Worcester County Lawyers Emergency Assistance Plan (1982);
Author, “The Attorney’s Lien in Mass.” 69 Mass. Law Review (June 1984).

Participation as a Faculty Member or Lecturer:

Faculty member, MCLE.

Professional

Legal Employment History:

1966 – 1967
Law Office of Swain and Jaquith
339 Main Street
Worcester, Massachusetts 01608

1967 – 1970
Law Office of Stubbs and Dibert
80 Stonestown
San Francisco, California

1970 – 1979
Law Office of Swain and McCann
339 Main Street
Worcester, Massachusetts 01608

1979 – 1986
Law Office of McCann, Morocco & St. Pierre
370 Main Street
Worcester, Massachusetts 01608

1986 – 1990
Law office of McCann & Adams
339 Main Street
Worcester, Massachusetts 01608

1990 – 1993
Law Office of John S. McCann, P.C.
5 East Main Street
Westborough, Massachusetts 01581

1993 to 2000
Associate Justice of the District Court Department
Westborough District Court
175 Milk Street
Westborough, Massachusetts 01581
(Appointed by Governor William Weld)

1996 & 7
Special Assignment Judge, Region IV District Court
Department

1996 Appointment to Duel Designation District Court/Probate Court by Chief Justice John Irwin

2000 to present
Associate Justice of the Superior Court
2 Main Street
Worcester, Massachusetts 01608
(Appointed by Governor Argeo Paul Cellucci)

2004 to present
Regional Administrative Judge(RAJ) Worcester Superior Ct.
Alternative Dispute Resolution Committee
Criminal Committee

Practice: General Practice with emphasis on litigation

General Character of Law Practice Prior to Judgeship:

“General practice of law, with emphasis on litigation.”

Affiliations:

Superior Court
a) Worcester Regional Administrative Justice 2004-2010
b) Alternative Dispute Resolution Committee – 2007
c) Judicial and Public Outreach Committee – 2008
d) New Justices Training and Monitoring Committee – 2008

Civic and Community Activities

Appointive or Elective Positions Held:

Chairman, Town of Westborough Capital Expenditures Committee;
Member, Westborough Youth Commission (1985-1986).

Honors:

St. Thomas Moore Distinguished Jurist Award, 2001;
Holy Cross Club of Greater Worcester Crusader of the Year, 2005

Memberships/Affiliations:

Bar Memberships: Massachusetts Bar Association-1966
Worcester County Bar Association-1966
California Bar Association – 1969
American Bar Association – 1966

Past Community Activities:

Westborough Community Fund – Past Chairperson
Westborough Chamber of Commerce -member
Saint Luke The Evangelist Church:
a) Parish Council – past chairperson
b) Parish Council – Member
c) Choir
d) C.C.D. Teacher
e) Bishop’s Fund – Chairperson
Westborough Armstrong Jr. High Parent Association – Past Co-chairperson
Town of Westborough Capital Expenditures Committee – member The Bridge of Central Massachusetts – Incorporator & Trustee (one of original founders)
Westborough Human Rights Council – Member
Peoples Bank – Corporator
Business Law Instructor Assumption College – 1982 -1986
Westborough Youth Commission – 1985 -Chairperson
Department of Social Services – Foster Parent five years (with my wife)
Holy Cross Club of Greater Worcester
a) member
b) Past President, Vice-president, Secretary and Treasurer
Holy Cross College Class of 1963 Foundation

a) Board of Directors
Sister Parish Project – Delegate, 1992 & 1993, Guatemala, Central America
Board of Directors 1994 to 1998
Amnesty International USA – Member and Supporter
Word Jurist Association – Member since 1993

Bar Association Activities:

Worcester County Bar Association
a) member since 1966
b) Past Vice-President
d) Past President
e) President Elect
f) Mentor
g) Speakers Bureau
h) Co-chair Superior Court Committee
Worcester County Bar Advocates
a) Board of Directors
b) Past President

Volunteer Lawyer of Worcester County Bar Association
Reduced Fee Panel Member – Worcester and Massachusetts Bar Associations
St. Thomas More Society – Committee member
Worcester County Bar Foundation
a) President – 1991 – 1992
b) Life Member
c) Board of Directors
d) Vice President – 1990 – 1991
Massachusetts Bar Foundation
a) County Advisory Committee
b) Life Member
Massachusetts Bar Association
a) Member since 1966
b) Delegate 1988 – 1989
c) Mentor
d) Speakers Bureau
American Bar Association
a) Member since 1966
b) Life Fellow, American Bar Association Bar Foundation
Legal Assistance Corporation of Central Massachusetts

a) Director 1991 to 1995 (resigned after response from Judicial Ethics Com)
b) President – 1993
c) Treasurer – 1996 (resigned after response from Judicial Ethics Com)
d) Volunteer Lawyers Service
e) Development Committee
IOLTA Committee
Committee member 1990 – 1993 ( appointed by S.J.C.)
Worcester County Law Library Trustee – 1991 to present
Board of Bar Overseers Hearing Committee Member – 1990 – 1993
Massachusetts Continuing Legal Education – Faculty Member – 1991 -1992
Worcester County Law Library – Trustee – 1991 to present
Worcester County Bench and Bar Committee -1995
Children and the Law and the Family Committee – 1992-1994
Lawyers Against Nuclear Arms, member 1988-1989
American Affiliation of Family Courts of Massachusetts – Cofounder, 1993
Massachusetts Supreme Judicial Court Historical Society-member
Massachusetts Judges Conference Member – 1993 to date
World Jurist Association Member
St Thomas More Distinguished Jurist Award 2001
Holy Cross Club of Greater Worcester Crusader of the Year – 2005

  • 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: 3.7 2.9 2.9
Is receptive to lawyers’ requests for jury instructions and voir dire questions: 3.4 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: 3.6 3.2 3.1
Explains decisions in a manner that is clear to litigants and jurors: 3.5 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: 3.7 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: 3.2 3.0 3.0
Quality of written decisions: 3.3 2.8 2.9
Shows willingness to ignore      
a) irrelevant considerations: 3.2 3.0 2.9
c) identity of lawyers or parties: 3.2 3.3 3.0
d) public pressure or outside interests: 3.3 3.4 3.2
Has ability to maintain control of courtroom: 3.5 3.5 3.4
Starts session on schedule and on time: 3.3 3.4 3.2
Shows an appropriate degree of preparedness: 3.4 3.2 3.1
Average Overall Rating: 3.4 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: 71 47 47
Is rigid follower of court-mandated time standards: 50 39 45
Behaves differently when cameras are in the courtroom: 0 21 24

 

Comments

1) very fair minded jurist

2) Lets attorneys try case. He will wait for objection before interrupting, and will ask very few questions of witnesses.

3) Will listen to both sides before making a decision.
Very fair.
Courteous to attorneys, witnesses, and jurors.

4) Be prepared. Listen carefully when he says something. He can clue you in to where you should focus your argument if you listen.

5) Very courteous to the litigants. Fair. Always tries to do the right thing. Hard working. Knows the law well.

6) avoid for medical malpractice cases

7) Judge demonstrates what appears to be a definate bias against medical malpractice plaintiffs and gives the appearance of using his discretion in favor of the Defendant physician even where there are significant material and demonstrable issues of credibility that should be brought to the juries attention



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