A Judicial Roundup Highlights Changes at Essex Probate and Family Court Alongside Other Key Transitions in Massachusetts.
The first indications of potential instability at the Essex Probate and Family Court emerged in March 2021. Massachusetts Lawyers Weekly reported on behind-the-scenes tensions involving Judge Ulwick and Pamela Casey O’Brien, the Essex Register of Probate. This incident, reportedly occurring during a virtual bench-bar conference, involved a heated exchange between Ulwick and O’Brien, culminating in Judge Ulwick abruptly ending the Zoom meeting, according to Lawyers Weekly.
Further adding to the scrutiny, the Essex Probate and Family Court was again in the spotlight the following month. Lawyer’s Weekly covered a “bill of address” submitted to Beacon Hill advocating for Judge Ross’s removal from the bench. This action followed Judge Ulwick’s decision to remove Judge Ross from a contentious case. Subsequently, a significant media response erupted, including public criticism and complaints against Judge Ross from dissatisfied litigants.
Judges Ulwick and Bisenius were initially appointed to the bench in 2012 by former Governor Deval Patrick, with Judge Ross following in 2014, also appointed by Governor Patrick. Hon. Frances M. Giordano, another Patrick appointee from 2014, is slated to succeed Judge Ulwick as First Justice of the Essex Probate and Family Court, effective July 6, 2022. Judge Ulwick will remain at the Salem court as an associate justice, while Hon. Michael Anderson will transfer from Middlesex County to Essex Probate and Family Court.
Retirements in Plymouth Probate & Family Court Signal Further Judicial System Changes
Beyond the Essex Probate and Family Court developments, the Plymouth Probate & Family Court is also anticipating significant changes. Known for its judicial stability in recent years, Plymouth Probate & Family Court is preparing for the retirement of Associate Justice Lisa A. Roberts in October. Additionally, First Justice Hon. Edward G. Boyle, III, is approaching mandatory retirement age next summer. The departures of both Judge Roberts and Judge Boyle, each with over a decade of service in Plymouth and Brockton, will create notable shifts within the South Shore legal community.
As of now, there has been no announcement regarding potential replacements for either retiring judge in the Plymouth Probate & Family Court.
Judge Sushchyk’s Resignation Follows Misconduct Allegations
In related Probate and Family Court news, Judge Paul Sushchyk, previously under scrutiny, has resigned. Earlier coverage detailed allegations against Judge Sushchyk involving a female court employee who reported an incident at a 2019 conference. In March 2023, the Massachusetts Supreme Judicial Court suspended Judge Sushchyk without pay as a result of this incident.
Shortly after his suspension, on March 28, 2022, Judge Sushchyk formally resigned from his position as Associate Justice of the Probate and Family Court, as confirmed in a letter to Governor Charlie Baker. Judge Sushchyk’s case has been noted as a rare instance of accountability for judicial misconduct within the Massachusetts judicial system.
Limited New Appointments to Probate & Family Court Reflect Systemic Challenges
A key aspect of tracking the Probate & Family Court system is the appointment of new judges. However, since the last judicial roundup in July 2021, there have been few new Probate Court judge appointments announced. Governor Charlie Baker has made the following new appointments based on reviews of press releases and media reports. [List of appointments would be here if available in source].
Massachusetts faces ongoing challenges in attracting individuals to serve as Probate & Family Court judges. The demanding workload, coupled with relatively modest compensation, makes these positions less appealing. Probate & Family Courts are often characterized by high volumes of cases, understaffing, and a significant number of self-represented litigants. Furthermore, when adjusted for inflation, Massachusetts ranks poorly in judicial pay compared to other US jurisdictions.
About the Author: Kimberley Keyes is a Massachusetts divorce lawyer and Massachusetts family law attorney at Lynch & Owens, serving Hingham, MA, and East Sandwich, MA. She is also a mediator with South Shore Divorce Mediation.
For consultations, contact Kimberley Keyes at (781) 253-2049 or via email.
