Superior Court

Three Pemberton Square
Boston, MA 02108

Phone: (617) 788-8130

Judicial Biography

Born:

1951

Year admitted to bar:

1975

Year appointed/elected:

1998, by Gov. A. Paul Cellucci

Background

Education:

Northeastern University School of Law, 1975
University of Massachusetts

Professional

Legal Employment History:

Sole practitioner, Barnstable;
Assistant district attorney, Barnstable, Dukes and Nantucket counties.

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:	2.8	2.9	2.9
Is receptive to lawyers’ requests for jury instructions and voir dire questions:	3.6	3.2	3.1
Presents easy-to-follow and legally sound instructions to jury:	3.8	3.3	3.2
Gives lawyers an opportunity to be heard prior to making legal findings and rulings:	3.8	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:	3.2	3.4	3.2
b) lawyers:	3.5	3.2	3.0
c) court staff:	3.8	3.6	3.5
Attentiveness:	3.7	3.4	3.2
Timeliness of orders, judgments and decisions:	3.1	3.2	3.2
Demonstrates knowledge of substantive law and rules of evidence:	3.5	3.0	3.0
Quality of written decisions:	2.8	2.8	2.9
Shows willingness to ignore
a) irrelevant considerations:	3.2	3.0	2.9
c) identity of lawyers or parties:	3.3	3.3	3.0
d) public pressure or outside interests:	3.5	3.4	3.2
Has ability to maintain control of courtroom:	4.0	3.5	3.4
Starts session on schedule and on time:	3.7	3.4	3.2
Shows an appropriate degree of preparedness:	3.1	3.2	3.1
Average Overall Rating:	3.5	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:	100	47	47
Is rigid follower of court-mandated time standards:	33	39	45
Behaves differently when cameras are in the courtroom:	0	21	24

Comments

1) Be prepared with a strategy to deal with a sleeping judge. Make a loud noise, or stop talking until he wakes up, or suggest a coffee break.

2) I recently argued a motion in a civil case before Judge Nickerson, and was disappointed that he fell asleep and stayed asleep or drowsy throughout the entire argument. Before he went to sleep, he displayed no preparation but since there was no interaction during argument there was no additional opportunity to assess the level of preparation. My client was in the courtroom and was shocked to see “justice” at work.

3) Be prepared.

4) Judge Nickerson is a trial lawyers judge.

5) Avoid him.

6) Judge is unqualified to handle civil cases.

7) Be prepared.

8) Judge Nickerson has a broad backround in civil trial practice that gives him a very practical perspective on all issues associated with most civil cases. He is a gentleman and a scholar and a pleasure to appear and try in front of.

9) Understand this judge controls courtroom. Be prepared.

10) I have won cases and lost as well with this judge, but I never felt treated unfairly even when I lost.
I give high rating on scholarship and conduct.

11) generally makes his findings from the bench but includes case cites and authority when making his rulings.

Judicial Profiles

Nickerson, Gary A.