-: Court all rise.
Hear you, hear you, hear you
All persons having anything to do before the honorable.
The Justices of the Supreme Judicial Court
now sitting in Boston within and for the Commonwealth
draw near give your attendance and you shall be heard.
God save The Commonwealth of Massachusetts
court is now open please be seated.
-: Good afternoon everyone.
My name is Kimberly Budd
and on behalf of the Justices of the Supreme Judicial Court,
I am pleased to welcome you to this memorial sitting
for the Honorable Chief Justice Ralph Tripas Ralph Gants.
September 14th was the second anniversary
of Chief Justice Gants sudden and unexpected passing.
Ordinarily we would've had this ceremony well before now,
but as many of you know, we decided to postpone it
until the COVID-19 pandemic had eased to the point at which
we could have at least a hybrid ceremony
with at least some guests able to be here in person.
We so appreciate all of you who are here in the courtroom
as well as those of you who are joining us remotely.
We're here to celebrate the life
and legacy of a great jurist and a great human being.
I want to especially welcome
the family of Chief Justice Gants,
including his wife, Professor Deborah Ramirez
and their children Michael and Rachel
and his brother Fred Gants.
We are also glad to welcome here today
the many colleagues and friends of Chief Justice Gants
including former Chief Justices,
Margaret Marshall and Rick Ireland,
as well as retired SJC Justices,
Judy Cowen and Margot Botsford.
I also want to welcome
retired Chief Justice of the Trial Court, Paula Carey
and Chief Justice Mark Green and Justices
and staff of the appeal court,
Chief Justice Jeff Lock, Court Administrator John Beo,
all of the trial court chiefs
of the trial court departments and all of the current
and former justices of the trial court.
I also want to welcome former Governor Weld,
US Attorney Rachael Rollins, Senator Jamie Eldridge
and members of the Governor's Council in attendance today.
And last but not least,
we welcome the former law clerks of Chief Justice Gants.
As it turns out, today is Chief Justice Gants' birthday.
He would've been 68 and that's a stark reminder
that he was taken from us far too soon.
But it's also fitting for us to gather together
on this day to honor him
and to reflect on how his wisdom and warmth
continue to guide and inspire us today.
This afternoon speakers will describe
how Chief Justice Gants brought extraordinary qualities
of heart and mind to everything that he did.
Combining keen intellect with profound empathy,
endless energy, and great good humor.
I like so many of you feel fortunate to be able to say
that he was both a mentor from whom I learned so much
and a dear friend.
So let's begin.
The court now recognizes Attorney General Maura Healey.
-: Good afternoon and may it please the court,
Maura Healey, Attorney General
on behalf of the Commonwealth of Massachusetts.
As the Attorney General
of the Commonwealth of Massachusetts,
it is my honor to present on behalf
of the Bar of the Commonwealth a memorial and tribute
to the late Chief Justice Ralph Gants.
Chief Justice Gants served the Supreme Judicial Court
with great distinction from January, 2009
until his death in September, 2020.
First as an associate justice
and then for more than six years as chief justice,
he also served for more than 11 years
as an Associate Justice of the Superior Court.
Chief Justice Budd, Justice Gaziano, Justice Lowy,
Justice Cipher, Justice Kafker,
Justice Wendlandt, Justice George's,
it is truly an honor to appear before you today
as we recognize and celebrate the distinguished life
and career of Chief Justice Gants.
It is an honor to be here
with so many well-respected members of our legal community.
I also would like to recognize members
of Chief Justice Gants family
who are here with us today,
including his wife, Deborah Ramirez, his brother Fred Gants,
as well as his children who were with us in spirit,
Rachel Ramirez Gants and Michael Ramirez Gants,
as well as many friends and other family.
We come together today to pay tribute to Chief Justice Gants
a brilliant justice known for his keen intellect,
wellspring of compassion,
and deep commitment to access to justice.
Chief Justice Gants was born
in New Rochelle, New York in 1954
to Helaine Dreyfus Gants and Gustav Gants.
A graduate of both Harvard College and Harvard Law School.
Chief Justice Gants also received a diploma in criminology
at Cambridge University in England
and was awarded an honorary doctor of law degrees
from New England Law
and the University of Massachusetts School of Law.
Chief Justice Gants launched his legal career as a law clerk
to United States District Court Judge Eugene H. Nickerson.
He then served as a special assistant
to FBI director William H. Webster.
Chief Justice Gants later served
as an Assistant US Attorney in Massachusetts
and Chief of the Public Corruption Unit.
He then joined the Boston Law firm,
formerly known as Palmer & Dodge,
and he practiced law there until Governor William Weld
appointed him to the Superior Court in 1997.
Chief Justice Gants served for over 11 years
with distinction as an associate justice
of the Massachusetts Superior Court
and in 2008 was Administrative Justice
of the Superior Court's business Litigation Session.
In 2009, Governor Deval Patrick appointed him
to the Supreme Judicial Court
and in 2014, Ralph D. Gants
became the 37th Chief Justice of the Supreme Judicial Court
when he was sworn in by Governor Patrick.
In addition to being a mentor,
Chief Justice Gants was also a teacher
having taught at Harvard Law School, New England Law
and Northeastern University School of Law.
He also served on the board of directors
of the Conference of Chief Justices
where he chaired the Access and Fairness Committee.
Chief Justice Gants was the recipient
of numerous honors and awards
including the 2016 Haskell Cohn Award
for distinguished judicial service,
the 2017 Massachusetts Bar Foundation,
Great Friend of Justice Award
and the Boston Bar Association
Citation of Judicial Excellence and the Suffolk Law School
Public Service Award to name a few.
Beyond his numerous academic and professional accolades.
However, many colleagues remember Chief Justice Gants
for the depth of his commitment to access to justice.
As Chief Justice Margaret Marshall recalled
Chief Justice Gants quote cared passionately
about the interests of the public,
especially people who needed to have access to the courts.
His interest was always with the public.
He asked, "Are the courts serving the public?"
That meant litigators, lawyers,
and people who went to the court to obtain justice.
He served as co-chair of the Access to Justice Commission
and advocated for equity and expanded legal representation
for the most vulnerable in our communities,
calling for a right to counsel in eviction proceedings
and for a statewide expansion of the housing court.
He continued his work to stem the tide of evictions
and displacement resulting from the COVID-19 pandemic,
which he considered quote,
the greatest access to justice challenge of our lifetime.
Right through the day he died,
Chief Justice Gants care deeply
about the future of the judiciary
and the future of the criminal justice system,
challenging the wisdom of mandatory minimum sentences
and eye-witness identification procedures.
Former Harvard Law School Dean Martha Minow,
described him as quote
fearless about facing historic injustices.
In 2016, Chief Gants partnered with Dean Minow
and commissioned a study of racial disparities
in our state courts.
The completed study released just days
before Chief Justices Gants death in 2020
demonstrated that black and Hispanic or Latin defendants
received longer sentences than white defendants.
It found that they were disproportionately
represented as defendants before our criminal courts.
At every turn, Chief Justice Gants focused
on how the legal system affects people's lives.
He consistently worked to expand access to justice
and racial equity
and like many of you,
I remember him as a person of true vision,
kindness, and empathy.
In 2015 when I took the oath of Attorney General,
it was Chief Justice Gants
who administered that oath at my swearing in
I was grateful to approach the podium
together with a person whom I had long admired
for his faithfulness to the constitution
and to serving people.
It is with great fondness and deep appreciation
for his service and his commitment to justice for all
that we remember, Chief Justice Ralph Gants
Chief Justice Gants occupies and will forever occupy
a special place in our hearts
and in the history of this great court.
On behalf of the Commonwealth of Massachusetts,
I respectfully move that this memorial
be spread on the records of the Supreme Judicial Court.
Thank you.
-: Thank you attorney general.
The court now recognizes Professor Harold Koh.
-: Madam Chief Justice may please the court,
Harold Hongju Koh on behalf of the Bar.
Thank you for allowing me to appear here for this day only
as a member of the Massachusetts Bar
in my defense let me plead.
I was born in Massachusetts.
I lived and studied here for 13 years
and like Chief Justice Gants,
I'm a loyal citizen of Red Sox Nation,
but my main qualification for being here today
is that Ralph Gants was more than my friend.
He was my brother in the law.
I first met Ralph 50 years ago when his big brother Fred,
met my big brother Howard at Yale where I now teach.
We met again at Harvard College and became close friends
and classmates at Harvard Law School
from which we graduated in the 1980.
Ralph and I and two other dear friends,
Scott, Gilbert, and Larry too formed a close quartet
who led parallel lives in the law.
As our lives unfolded, we stayed together,
we attended each other's weddings, family events,
we talked often by phone.
We had our last Zoom call together
the morning before Ralph passed,
just after he had suffered what we assumed
was a mild heart attack.
On those calls, Ralph always asked about us
and was self deprecating about himself.
On that last call, I asked Ralph, "How are you doing?"
He answered "Rebuilding like the Red Sox."
Incredibly the next day he was gone.
From the very beginning, Ralph could think clearly
right beautifully and unravel the toughest problems
to reach the best answers.
At Harvard College,
he was known for his understated brilliance,
gentle wit and good humor.
A scholarship student
and summa cum laude graduate in economics.
He had been student council president
of his high school in Larchmont, New York,
a fine athlete he was universally liked.
He did not come from privilege.
His loving parents, Gustav and Helaine were warm,
honest, generous and welcoming.
They gave Ralph and his brother lifelong lessons
in what intelligence, hard work,
and humanity can achieve.
Ralph won prestigious fellowship
to Sydney Sussex College Cambridge
and returned to Harvard Law School
where his work on the law review distinguished him
even among young lawyers
who would later become university presidents,
judges, ambassadors, deans, and professors,
corporate CEOs and general counsel,
and a future Chief Justice of the United States.
Yet even at that time, Ralph was unusual
for his acute awareness of how his
decisions could affect human lives.
As fledgling lawyers,
we moved to Washington to live together as roommates.
When Ralph began working as special assistant
to FBI Director William Webster,
one night I asked him about something
I assumed he was working on.
He said, calmly, "If I answered that,
I might get someone killed."
(laughs)
But even as his professional trajectory sword,
his personal qualities never varied.
He remained kind, thoughtful, and humble
and maintained his good humor
and his most special gift friendship.
If something was important to you,
it was important to Ralph.
He would travel miles to friends' weddings
and kids bar mitzvah
always turning the spotlight on everyone else.
If a friend needed help, he gave it no question asked.
When my parents came to town to meet Christie,
then my new girlfriend for decades now my wife
Ralph drove the four of us around all weekend
in his new stick shift car,
I later learned he had never before driven a stick shift car
and at one point our back seat conversation stalled
when we realized the car had stalled
in an intersection on Constitution Avenue
with cars coming from all directions.
When the weekend ended I thanked Ralph for driving.
He shrugged and said, "Friends should do things for friends,
especially when things just have to go well."
(laughs)
After Washington,
Ralph moved to Boston as Assistant US Attorney,
where he became one of the leading
public corruption prosecutors in the country
pursuing cases of highest sensitivity with stunning success,
he won headlines for his handling
of the Gerry Indelicato case,
the prosecution of the former local city manager
and the conviction of Malden police officers
who had extorted payoffs.
In 1991, Ralph moved to Palmer & Dodge
and emerged as one of Boston's leading trial attorneys.
His commitment to social justice
led him to donate countless hours to indigence.
In one case, he appeared alone
to win acquittal of a Scottish immigrant
caught up in claims of corporate fraud.
He represented pro bono,
a Muriel Cuban who had challenged his ordered return to Cuba
and an HIV positive Massachusetts prisoner
who had been denied appropriate medical care
in the facility to which he was transferred.
Ralph often became what Justice Brandis called
the lawyer for the situation.
On one occasion, Harvard Law School asked him
to handle a delicate internal investigation
involving faculty and students on another
the court assigned him the difficult sensitive task
of prosecuting a Massachusetts district judge
on behalf of the judicial conduct commission.
Through it all, Ralph spent more than a decade teaching
at Northeastern Harvard in New England School of Law
courses on criminal procedure, government lawyering
and balancing security and liberty.
He built bridges between the bench bar and academy
of the kind first dis constructed here by Bob Brocker,
Ben Kaplan, Margie Marshall, and Nancy Gertner.
Following his appointment by Governor Weld to the bench,
Ralph became known as one of the most respected judges
on the Massachusetts trial and appellate bench.
His lower court decisions were remarkably well researched,
ranging across complex issues of public and private law,
whether unpacking complex issues of science, administration
and environmental law to sustain a challenge
to the environmental impact statement
for Boston University's Biolab
reconceptualizing torsions interference
with contractual relations,
creating a test for the fairness of subprime loans,
reviewing dram shop liability or complex statutory issues
about savings bank life insurance,
or clarifying the standard of review
to be applied to self-dealing
decisions by a corporate board of directors.
I personally witnessed one measure of his universal respect
in 2005 during a famous episode known here as Ball Gate
when the Red Sox won the World Series in 2004,
a dispute arose between the team
and a former player concerning
who owned the historic baseball
that was used in the final curse breaking out.
I suggested to Red Sox President Larry Lucchino
that the team secured the patrimony of Red Sox nation
by filing a quasi and rem lawsuit against the ball
for possession and title.
When they did that,
the case was assigned of course to Judge Gants
of the business litigation section.
As co-counsel, I told the Red Sox lawyers,
they should advise the judge
that his former roommate was on the case.
They worried that he might recuse himself
and frankly probably hope that I would get off.
But after the hearing,
I waited with baited breath to hear what Ralph had done.
My co-counsel said, Judge Gants had opened a hearing
by disclosing our friendship at length.
He then entertained any motions
the lawyers might want to file.
So what happened next?
Nothing.
Neither side moved to recuse
because all sides wanted the smartest fairest judge possible
and everybody agreed that was Judge Gants.
From the beginning, Ralph felt for the underdog.
He instinctively understood
the perspective of the little guy.
His faith in human goodness fueled his belief
that given the chance underdogs like our Red Sox
would eventually rise to the occasion.
His passion was fueled by the love of his life.
Deborah Ramirez, who he met courted and married
as fellow assistant US attorneys
before she went on to become a pathbreaking professor.
As a couple, they became a source of wisdom
and inspiration for many
and Debbie continues their life project
in so many ways today.
As the spouse of a civil rights lawyer,
Ralph came to understand the concerns of minorities
and women seeking equal access to power
around the family table they talked daily
about the practical challenges of meaningful justice
transmitting to Rachel and Michael,
their determination to wait make the world
a more just and equal place.
So when Governor Patrick first appointed him to the bench
and then elevated him to be chief, he broke the mold twice,
not just by appointing
the Commonwealths first Jewish Chief justice,
but by naming a chief who would view litigant's problems
from the perspective of the most marginalized among us.
As he rose through the court's,
Ralph's desire to build true justice became more urgent,
especially as chief, he always managed to look at the world
from your perspective.
His second site allowed him to empathize
with those of different races and upbringings
those at the margins of justice
he felt a deep connection to.
So when Massachusetts struggled
with the treatment of people of color,
those with disabilities and LGBTQ individuals,
he demanded equity and inclusion.
When Donald Trump targeted Muslims,
Ralph visited mosques to explain
why we're all part of one America.
As Chief Ralph was a giraffe,
a visionary who kept his feet on the ground
but his head above the clouds,
he had an extraordinary capacity
to think about the present and future at the same time,
always finding time to look up from today's work
to contemplate tomorrow's problems.
Just flip through the pages of the November, 2021 edition
of the Boston College Law Review
to review the many articles chronicling his leadership
in so many different areas of the law.
His unusual fore sightedness led him to see problems
before crises hit whether the eviction, moratorium
or the need to focus proactively
on attorney's mental health.
At his first investiture,
he reminded us of what his first boss
Judge Eugene Nickerson told him as a law clerk,
we can't make this whole world fair,
but we can and must do everything we can
to make our small piece of the world
a place where justice rules.
So when asked about the coming of online courts,
he saw ahead of his time
and saw thought first about human needs,
emphasizing the importance of making sure that
no one would be put at a disadvantage
because of issues of education, language access,
or other concerns.
Which brings us to today.
So many in our public life disappoint us.
So many of our leaders have feet of clay.
What Ralph's story tells us
is in America we do still have heroes
and one of them was this modest, exceptional man
who left us decades too early.
So in the end we who knew him the lucky ones.
I was blessed to have him as a friend for 45 years
and to see up close what a men looks like
as our life unfolded
we'd call each other about once a month,
sometimes for 10 minutes, sometimes for an hour.
He was never too busy to talk
and we talked about things other than law,
but as time passed it dawned on me
that Ralph had become one of the finest judges
of his generation.
Paul McCartney recently recalled
all the time I was working with this guy called John.
Now I look back and I realize
I was working with John Lennon.
For me, I was just rooming with this guy named Ralph,
but now I look back
and all along I was learning from Chief Justice Gants.
When speaking about his friends,
he would say there might be better people in the world.
I don't know if I've met them yet.
Well, there might be a better friend in the world,
but I know I will not meet them.
That he was taken from us so early I cannot forgive,
but in my heart I always talk to him
and he challenges me still
as roommates we used to talk late into the night
about the problems of the world.
One night before we went to sleep,
we made each other a promise.
If when we grew up we ever reach positions of influence,
we would do everything in our power
to make the world a fair place.
Ralph, I came here today to tell you as a judge, a lawyer,
a friend, you kept your promise.
The question is, will we keep ours?
Madam Chief Justice, on behalf of members of the bar,
I move to support the attorney general's Motion.
-: Thank you very, very much Professor Koh.
We'll now hear from one of the chief's former law clerks,
Gavin Alexander.
-: May I please the court Gavin Alexander,
Wellness Director of Jackson Lewis
and member of the SJC Standing Committee
on Lawyer Wellbeing.
Here on behalf of Chief Justice Gants former law clerks.
Good afternoon justices, Attorney General
and Democratic Gubertorial nominee Healey,
Professor Koh, members of the Gants and Ramirez's families,
lawyers and legal professionals and to judges of all levels,
friends, colleagues,
and anyone who may be reading these remarks in the future.
I speak today so that all of you may know.
Chief Justice Ralph D. Gants
as I knew Chief Justice Ralph D. Gants.
During the 2012 to 2013 court year,
I had the honor, the privilege,
and the absolute pleasure
of serving as law clerk to Chief Justice Gants.
Over the course of that year,
I grew to know him as a jurist, a mentor,
and most importantly as a friend.
The following year he asked me to participate in the process
which saw him elevated from Associate Justice
to Chief Justice first by writing a letter of recommendation
in support of his candidacy
to Governor Deval Patrick's chief legal counsel
who I see over there
and second by testifying at his confirmation hearing.
Then in 2015,
Chief Justice Gants officiated my wedding
to my partner Angelo.
Since then, the chief and I stayed in touch consistently
meeting for lunch or dinner once every few months
to discuss policy, politics
or the ways we could leverage
each of our respective experiences and positions
to affect positive legal change in the profession
and the systems of justice in the Commonwealth.
I am humbled to be the one standing here
giving these remarks
on behalf of Chief Justice Gants' former law clerks.
However, I'm certain that what I will share today
is reflective of each of our experiences.
In fact, his clerks from every year since 2010
joined a Zoom call only a day or two after his passing
to discuss our memories and share our stories.
As anyone who's read his opinions or argued before him knows
Justice Gants was staggeringly brilliant.
His analytical ability was nothing short of breathtaking.
In a shockingly short amount of time,
he could wrap his mind around
the most complicated legal conundrum,
factual puzzle or contested point of policy
and develop a response that was not only coherent
but often more fair and efficient
than any of the arguments even previously put forth
beyond his astounding judicial acumen
among the most surprising things I discovered
as I began my clerkship were Justice Gants
humility and approachability.
As a recent graduate of law school,
I assumed a justice
of the Massachusetts Supreme Judicial Court
would be an imposing figure who made those around him
feel the weight of his authority.
While Justice Gants absolutely assumed
the mental of an authoritative figure when the need arose
far more commonly he was a friendly, considerate,
and tremendously enjoyable person.
His jokes were often terrible but always hilarious
and he spoke to those around him as not as subordinates,
but as friends and respected colleagues.
As an example of this,
while many of the other justices of the SJC
hosted a brown bag lunch
for the law clerks in the SJCs dining room,
Justice Gants typically invited the entire class
of law clerks for a summer barbecue at his home
where he personally grilled up a meal for everyone.
If you speak to anyone
who ever got to work for Chief Justice Gants in the past
or to anyone who got to know him on a personal level,
one of the most common traits
that will arise in such conversations is his kindness.
Justice Gants went out of his way
to care for those around him
and to develop positive relationships with everyone
from fellow judges to legislators, to law clerks,
to court support staff,
and to members of various bar associations
and community organizations.
Once after he and I stayed at the court, passed midnight
working on an unpublished single justice opinion,
Justice Gants insisted on personally driving me
all the way home to Cambridge.
Despite the trip being well out of his way,
Justice Gant's exceptional ability
to develop positive relationships with everyone around him
while still maintaining the authority
and integrity of his office
allowed him to build strong bridges
with those in the executive and legislative branches
as well as those in the community at large.
The Chief's longtime assistant Kathy McGuinness
asked me to add the following quote,
The chief was a passionate baseball fan
having played on his town's
Flint Park, All-Stars Youth Baseball team,
Little League Babe Ruth League
and on the Mamaroneck High School Tigers baseball team.
I will never forget seeing Chief Justice Gants on the mound
during a Red Sox baseball game
at Fenway Park throwing out the first pitch
while the SJC staff friends and 30,000 fans cheered.
Of course, the chief threw it right down the middle.
(laughs)
We were so proud of him, end quote.
Justice Gants had a phenomenal ability
to discuss disagreements respectfully and openly,
to truly listen to others in such situations
and to work with those
with whom he may have initially disagreed to reach a fair,
reasoned, and optimal outcome.
When I interviewed with Justice Gants
for the job as his clerk,
the first question I asked him was,
If I disagree with you, what should I do?
I will never forget his response.
Justice Gants smiled at me.
You all know that little smile with the curve of his mouth
and he told me that if I were his lock clerk,
he would consider it my first
and foremost job responsibility to speak my mind
and let him know
if I thought he was getting something wrong.
He may have regretted that answer,
but he lived up to that answer every day.
During my year as his law clerk,
we would often argue issues out together.
I would tell him why I disagreed
and with certain line of analysis
and then we'd engage in an honest
and completely respectful discussion about the issue.
He was always open to hearing my thoughts
and after talking things through,
we would always arrive at an outcome
with which we were both happy.
His ability to articulate his positions clearly
and respectfully while engaging in conversation
that made any supposed adversary feel heard
and while sincerely trying if possible
to arrive and at an outcome
that was satisfactory to all was unparalleled.
Beyond both his judicial acumen
and his ability to work with others.
He brought his passion and dedication to bear
by seeking to understand the flaws in our broken systems
that lead to oppression, discrimination, and injustice,
and by uniting the most passionate advocates around him
to develop meaningful and practical solutions
that would actually change the very way
the law operates for the better.
Years before the killings of George Floyd, Ahmaud Arbery,
Breonna Taylor, Tony McDade and others
finally centered racial injustice in the public spotlight.
Chief Justice Gants had already turned his attention
towards systemic oppression
and racial discrimination in the legal system.
In 2015, Ralph Gants,
the first Jewish chief justice
in the court's 300 year history
spoke at New England's largest mosque
where he told the Islamic congregants quote,
"You do not stand alone.
You have a constitution and laws
to protect your right to practice your religion,
to protect you from discrimination
and the denial of your equal rights
and to protect you from acts of violence
that might be committed because of your religion
or your nation of origin" end quote.
Highlighting the history of discrimination
that has infected our country since it's founding.
He noted that in that very same speech that quote,
during the depression,
Mexican Americans were scapegoated
for the economic deprivation that they did not cause
and more than 2 million Americans were deported end quote,
the forefathers of African Americans
came to this country in chains
and we are still challenged by the legacy of slavery
and of Jim Crow end quote.
Following up on that sentiment in 2016,
again, years before the racial reckoning of 2020 and beyond,
he commissioned Harvard Law School's
Criminal Justice Policy Program
to conduct a data driven study
that he hoped would highlight the precise ways
in which racial discrimination infects criminal justice.
The result of this study,
a 100 page report titled Racial Disparities
in the Massachusetts Criminal System
was released to the public
less than a week before his death.
I can think of no more appropriate final gift
from him to the world
more personally Chief Justice Gants
was the first legal professional to whom I ever admitted
that I was suffering from severe depression
and had come seconds away
from killing myself while practicing.
We were sitting down over dinner
and he asked me how things were going.
Unlike so many others who asked me that question,
I couldn't hide it from him.
I felt like I needed to tell him the truth
because he had never done anything but the same to me.
I honestly can't even describe how perfect his response was.
He told me he was there for me and that he would do anything
I asked him to do to support me.
However, beyond this, he immediately began working with me
to brainstorm meaningful ways
in which I could continue the practice I found rewarding
without my mind suffering to such an extreme degree
and discussing ways in which I could share my story
and advocate for improved mental health
in the legal profession as a whole.
As with racial justice, immigration justice,
access to justice,
and so many other forms of justice that he tried to improve,
he was also a stalwart forward thinking
and dedicated advocate for wellbeing in law.
After our initial conversation,
we continued discussing my experiences with mental health
in the practice of law and eventually when the SJC
under the leadership of Chief Justice Gants
and retired Justice Margot Botsford
convened its initial 2018 steering committee
on lawyer wellbeing.
He asked me if I'd be comfortable sharing my experiences
in front of a plenary session of the entire committee
and all of its subcommittees
I accepted and that day sharing my story so publicly
and so authentically
was one of the most significant turning points
in my career and in my life.
I felt like the entire stigma I'd felt the need to hide away
this shameful weakness in my resiliency
had been utterly destroyed
and instead through Chief Justice Gants guidance
and support,
I had reclaimed one of my deepest struggles
and channeled it into advocacy without even realizing it.
Justice Gants had paved my path not only to recovery,
but to fighting to make the world
and the legal profession safer, more inclusive,
more sustainable, and more rewarding,
and that in my mind is really the crux
of his heroism and legacy.
Far beyond his brilliant jurisprudence
or even his own zealous advocacy,
Chief Justice Gants had the almost magical abilities
first to turn anyone into an advocate for justice
and second to then bring those advocates together
in constructive ways to affect meaningful, practical,
and real change.
On September 14th, 2020, my hero and my friend died.
Justice Gants was the best supervisor I ever had,
the most incredible lawyer I have ever met
and without exaggeration,
the best person I have personally known
he is gone but his impact will last forever
through the advocates he created and inspired and united,
we are his legacy and we will not stop
until we see justice realized
in ways he'd only begun to imagine
where those without the privileges of wealth,
whiteness mental health, or other privileged status
do not live in fear of the law but feel protected by it
and will do so with humility,
kindness, respect, approachability,
and more than a few bad jokes along the way.
Thank you.
-: Thank you very much, Attorney Alexander.
I now ask my colleague, Justice Frank Gaziano
to respond to the pending motion
on behalf of the justices and the court.
-: Chief Justice Budd, Justices Lowy, Cipher,
Kafker, Wendlandt and George's
Attorney General Healey, Professor Koh,
Mr. Alexander, members of the bar,
the Family of Chief Justice Ralph Gants and guests,
I am truly honored to speak on behalf of the court
as we gather to celebrate the legacy of an outstanding,
an inspirational chief justice.
I met Ralph about 20 years ago
upon my appointment to the Superior Court.
Before meeting Ralph, I knew of his style reputation
in the United States Attorney's Office.
Although he had left the office some years earlier,
he continued to serve as a role model
for generation of federal prosecutors
based upon his fearless prosecution
of public corruption cases and his steadfast commitment
to strict ethical standards.
I also had heard of Ralph's reputation
as as a Superior Court judge.
My former colleagues and unnamed district attorney's office
asked me if I knew this former Fed
would come to the county.
They expressed dismay of the assignment of this troublemaker
from out of the county.
The problem as they perceived it was that
Judge Gants did not blindly adhere to pass practices, nope.
He sometimes questioned the legal basis for matters.
The state prosecutors had deemed routine
if they only knew what was to follow.
(laughs)
Governor Patrick appointed Ralph
to the Supreme District Court in 2009.
In 2013, I was asked by Chief Justice Marshall
to join the committee
on the model jury instructions on homicide.
The committee chaired by Ralph was tasked
with revising the court's 1999 instructions on homicide
before the first meeting
I assume the committee would examine
the court's post 1999 homicide jurisprudence
make a few changes to reflect current law.
This should not an naively thought take that long.
At the first meeting, Ralph declared that
we would in fact update the model homicide instructions
to conform to existing case law so far so good.
He then added they would endeavor
to explore incongruities in the law
and make appropriate changes.
I wondered to myself whether I had mistakenly
stumbled into a meeting
to revise the Gants model penal code.
(laughs)
I expressed my concerns to Ralph,
thus began our long seven year conversation
on Massachusetts homicide law.
These discussions fostered
a great close working relationship
and soon developed into a friendship.
His analysis of legal issues was razor sharp
and forward thinking.
He also appreciated that the committee's goal
was to provide practical guidance for trial lawyers
and judges to resolve complex issues
that arise in these high pressure cases
with juries in the box.
As a trial judge,
I look forward to reading Ralph's decisions.
They were clearly written, well researched,
methodically reasoned,
leading to seemingly inevitable conclusions.
They also rarely disappointed.
The trial court waited to see what hory, unfair
and practical distortions of law
would fall victim to Ralph's Penn.
Two cases come to mind and Commonwealth versus Zenetti.
Ralph reexamined the 25 year old Massachusetts
formulation of accomplice liability known as joint venture.
This term he later told me was deviously confusing
'cause it sounded like a business entity,
not a theory of criminal liability.
He convinced the court to adopt less confused in terminology
a draft of the jury instruction
in line with common law concepts of aiden and abetted.
In the famous Papadopoulos case,
the court abandoned the Massachusetts distinction
between natural and unnatural accumulations of ice and snow
and premises liability cases
rejected a 19th century Massachusetts rule
that was difficult to apply
and had a little socially beneficial purpose.
Ralph wrote the determinations of liability
should rest on general duties of a property owner
to use a reasonable care to maintain a property.
In 2014, I had the privilege
of being appointed to the Supreme Judicial Court.
As a member of this court,
I was then fully able to appreciate Ralph's brilliance,
devotion to the judiciary in the court family
in unmatched work ethic.
During that time, Ralph articulated his view
that the proper role of a judge is that of a problem solver.
In this 2014 state of the judiciary address, he said,
"We in the judiciary increasingly are recognizing
that our role is not only to do justice
but to solve problems
and that the sensible resolution of problems
is often how we do justice."
The next year he explained
what it meant to be a problem solver.
He said that it is best described by two principles
from the Jewish religious tradition,
but probably is shared by nearly every religious tradition.
The first is that each of us has an obligation
to repair the world.
The second is that if you save one life,
it is as if you have saved the entire world.
In our courts, we seek to repair the world,
sometimes even save the world one person at a time.
What parts of the world need to repairing?
We're all focused on many pressing issues
faced by vulnerable
and marginalized members of our community
to use his words and as Professor Koh said,
it was his obligation, his duty to fight for the little guy.
It's impossible in this memorial
and the time I have allotted
to discuss the breadth of Ralph's efforts
to fix the world one case at a time.
I therefore commend to you
the 2021 Boston College Law School symposium
that's been mentioned,
but I will highlight three issues important
to our late chief justice, access to justice,
housing justice, and criminal justice reform.
So first, access to justice.
Improving access to justice for people
who cannot afford counsel
for their essential civil legal needs
was a fundamental concern for Ralph
throughout his tenure on the court
in his last state of the judiciary address,
he know that he was ever mindful
of the many challenges faced by litigants
who cannot afford counsel to represent them
who must navigate a complicated legal system
and advocate for themselves with no legal training
and often with limited English proficiency
in cases that can have life altering consequences
such as eviction from a home,
a loss of a child in a custody action
until we create a world in which all who need counsel
and civil cases have access to counsel he said,
You must do all we can to make the court system
were understandable and accessible
for the many litigants who must represent themselves,
and he led efforts to carry out that mission
as co-chair of the Access to Justice Commission
from 2010 through 2015
and again from 2017 until his death.
Under Ralph's leadership at the commission,
representatives from the courts,
legal aid and social service organizations,
the private bar and bar associations, law schools,
the business and philanthropic communities
work together to develop many innovative solutions
to better meet the needs of unrepresented litigants.
They developed a strategic action plan
for improved access to justice and the commonwealth
that continues to guide the committee's work today.
They successfully advocated
for the creation of court service centers
in our busiest courts to provide information,
assist self-represented litigant and fill out forms.
They also envision the creation
of a virtual court service center
that could serve litigants remotely
an idea that certainly proved prescient
during the COVID-19 pandemic,
they established a pro bono civil appeals clinic,
the Access to Justice Fellows program,
which recruits law recruits, retired judges and and lawyers
to share their expertise with community organizations
serving people of limited means
beyond its efforts with the Access to Justice Commission,
Chief Justice Gants also worked
with the SJC Standard Committee
on pro bono legal services or initiatives
such as creation of of the pro bono honor role to recognize
and encourage more attorneys, law students, law firms,
and other legal organizations
to provide volunteer legal assistance
to people of limited means
and he regularly spoke at the annual Walk to the Hill event
to support increased legislative appropriations
for civil legal aid,
always coming up with a memorable way
to put the fund in request in perspective.
In his last walk to the Hill speech, for instance,
he observed that the cost of the proposed appropriation
for Massachusetts resident was less than the cost
of a dunking donut it's breakfast sandwich.
Ralph also was an important voice
for improving access to justice on the national stage
through his work with the Access and Fairness Committee
of the conference of Chief Justices
and conference of state court administrators
as those organizations stated in expressing
the condolences after his death.
Chief Justice Gants was a national leader
on access to justice issues who cared passionately
about the needs of court users who cannot afford counsel
and who worked tirelessly and selflessly to ensure that
the justice system serve everyone equally
and it's accessible to all.
Next housing justice.
As a superior court judge Ralph grappled with the fallout
or the foreclosure crisis in Commonwealth versus Fremont,
he granted the attorney general or preliminary injunction
restricting a subprime lender's ability
to foreclose on loans
with certain presumptively unfair features.
He found that the Attorney General
was likely to prevail on chapter 93 A claim
reason that the lender should have recognized
the loans were doomed to foreclosure.
In 2011, Ralph authored the landmark opinion of Ibanez
US National Bank Association versus Ibanez
addressing the widespread practice
of assigning a mortgage retroactively to a successor bank.
The court held that a foreclosing entity
that is not the original mortgagee
is required to show that it was the holder of the mortgage
at the time of foreclosure.
The 2019 case of adjective
versus central division of the housing court
was Ralph's Housing Justice Magnum Opus.
It involved claims that the housing court unfairly denied
self-represented litigants against
facing summary process eviction,
certain procedural protections.
Ralph used the case to discuss broad disparities
in legal representation between landlords
who often are represented by attorneys
and tenants who are not.
He know that self-represented litigants
face formidable challenges navigating these complex
and fast moving cases.
To guide self-represented litigant tenants
include a 15 page appendix summarizing relevant rules,
statutes and case law complete with links
to housing court forms.
The COVID-19 pandemic as Professor Koh noted,
created in Ralph's words
the greatest access to justice challenge of our lifetime.
Indeed, he was working on a solution
to the anticipated tsunami of evictions
expected to be filed following the expiration
of the eviction moratorium on the day of his death.
Next, his criminal justice reform,
Ralph's legacy as a criminal justice reformer
grew outta several groundbreaking opinions.
His advocacy against minimum mandatory sentencing.
The first area that he wrote on
was eye-witness identification.
He wrote that eye-witness identification
is the greatest source of wrongful convictions,
but also an invaluable law enforcement tool
that obtained an accurate convictions.
Ralph authored a series of cases
intended to increase the reliability
of this powerful evidence.
In Commonwealth versus Silver Santiago.
Ralph's first published opinion.
The court adopted department of protocols
to be employed by law enforcement before photographic array
is shown to a witness, for example,
requiring that the witness know
is just as important to clear a person of suspicion
as to identify a wrongdoer
right for the court in Commonwealth versus Walker.
Ralph announced the creation of a study group
to consider how we can best deter
unnecessary suggested procedures
and whether existed model jury instructions
provide adequate guidance to jurors
evaluating eyewitness testimony.
Why this tact of a study group?
Ralph explained to committee members
that transformational reform
of eye witness identification law,
we would require more than one or two court decisions.
It would require rigorous study
by committee comprised of judges, defense attorneys,
prosecutors, law professors, and police officers
to examine the intersection between the law and science.
The committee issued its report in 2013
which included proposed jury instructions to inform jurors
but scientific findings related to memory and recall
and Commonwealth versus Gomes.
The court approved a modified version
of the study group proposal.
Ralph turned his attention to court identification
in Commonwealth versus Creighton
and Commonwealth versus Collins.
In those cases,
the court established a higher level of scrutiny
for suggestive first time in court identifications
thereafter, a formally routine courtroom practice changed
to require the government to establish a good reason
for the admission of such evidence.
Ralph's willingness to revisit established case law
and pursuit of justice is exemplified
by his decision in two homicide cases,
Commonwealth versus Brown and Commonwealth versus Castillo.
Prior to Brown and Commonwealth versus Tejeda.
Ralph wondered whether our Carmen Law felony murder
should continue to be an exception
to our basic principles of criminal jurisprudence
or whether we should join those who have abolished
or redefined felony murder.
He answered that question in Commonwealth versus Brown.
In that case, he convinced the majority of the justices
in a four to three vote to narrow the scope of felony murder
by eliminating the widely criticized doctrine
of constructive malice.
The existing felony murder rule he reasoned is unjust
because criminal liability is decoupled
for moral culpability.
Now, you may be curious as the identity of the dissenter
in Commonwealth versus Brown that judge's name escapes me,
but you can look it up.
(laughs)
Commonwealth versus Castillo modify the criteria
for first degree murder
by reasons of extreme atrocity cruelty
by placing a greater emphasis on the egregiousness
of defendant's conduct.
In addition to writing landmark decisions,
Ralph used the power of the bully pulpit
to advocate for criminal justice reform.
His primary target was the elimination
of the one size fits all legislative policy
of minimum mandatory sentencing.
In the 2014 state of the judiciary address,
Ralph asked "Who would support a sentences system
that ignores the circumstances of the crime,
the role of the offender in the commission of that crime
and the background of the defendant."
To those who favor the status quo
in the so-called war on drugs.
I ask you, how well is the status quo working?
In 2013 Ralph also testified before the legislature.
He said in 2013, 44% of all persons convicted
of drug offenses were persons of color,
but 75% of all persons convicted drug offenses
with minimum mandatory sentences were persons of color.
If the legislature does not abolish
minimum mandatory sentences for drug offenses,
it must accept the tragic fact that
this disparate treatment of persons of color
will be allowed to continue.
Later as mentioned, Ralph commissioned Harvard Law School
to research racial disparities and sentencing.
He explained we need to learn the truth of this trouble
and disparity and once we learn it,
we need the courage and commitment to handle it.
What was it like to work alongside the serious minded,
brilliant problem solver
who carried the weight of the world on his shoulders.
It was wonderful.
Ralph was humble, kind, witty, and self effacing.
Unfortunately, I'm ill-equipped
to capture the full measure of his charm.
I don't have his singing voice nor know as many show tunes.
Ralph was an exceptional chief justice and colleague.
He patiently presided over consultation
on each justice to fully voice his or her own opinion
and massively searched for ways
to harmonized divergent views
to achieved principled consensus.
Ralph also spent an extraordinary amount of time
editing draft opinions.
I considered it a moral victory
whenever his edits were limited to one or two single space,
space type written pages.
His suggestions were thoughtful and much appreciated.
Whether he clarified one's position
suggested the analysis needed to further support
or respectfully disagreed with a ruling.
Now by tradition, the chief justice speaks last
ensemble in consultation.
Ralph patiently waited his turn would pause,
offer that rye Ralph Gantt smile and proclaim.
Well, I have a different take on this issue.
What fall would be a robust discussion
where explored another facet of a case.
Grateful for his insight.
The justice is still cherished many quirky Ralphisms.
To assign a case Ralph would politely ask the justice
to take his or her hand to the matter.
Whenever he had to juggle assignments,
he would quote gravely voice, Celtics play by play.
Announce that Johnny Most
and tell us the changes
we're gonna take some fiddle land and did win.
At the end of many intense
one two hour discussions of a case
exhausted he would sum it up and cheerly proclaim.
Well, that was easy
to propose solution to authority problem or legal issue
he would say in just, that's so crazy it may just work.
(laughs)
In one memorable aside,
he described visit in a beautiful country club in Kauai
and then added it defended his inner Shacovera.
(laughs)
My remarks will conclude
with a quote from Ralph, beloved spouse Debbie Ramirez.
She said in a northeastern symposium,
"Ralph bent the arc of the moral universe towards justice
one case at a time.
We all were blessed to bear witness
to the career of an outstanding and transformational jurist.
We also are tasked with continuing his legacy
to ensure that justice is not forsake the little guy."
On behalf of the justices of the Supreme Judicial Court,
the motion of the Attorney General was allowed
in this memorial is to be spread upon the records
of the court.
-: Thank you, Justice Gaziano.
That concludes our ceremony,
but on behalf of my colleagues and the entire court,
I thank everyone for being here with us today
to share Chief Justice Gants memory with us.
Thanks to the people who made this special sitting possible,
including Fran Canale, Blanca Tosado, Jen Macbeth
Meredith Shih, Jeff Travers and his IT team,
and Rob Vitale and his security team.
We now welcome you to a reception in the conference suite
because what would a celebration of Ralph be without food?
(laughs)
The reception is just outside the courtroom to your left.
I hope you'll join us.
Thank you.
(background noises)