SJC's longest-serving member to retire

Greaney had key role in landmark decisions

State age limits will force John M. Greaney to leave the bench.

Justice John M. Greaney, the longest-serving member of the state Supreme Judicial Court and a pivotal vote in some of its most significant decisions, announced yesterday that he will retire by year's end, creating the potential for a new dynamic on the state's highest court.

Greaney will turn 70 in April of next year, and state law forces him to retire by that age, making his departure somewhat expected.

But the announcement yesterday that he will retire to take a job at Suffolk University created a ripple effect in the state's legal community, prompting reflections on his years on the bench, some of his most critical decisions, and the future of the court.

"He is a justice who will very much be missed," said Joan A. Lukey, a partner with the law firm Ropes & Gray of Boston, who has won and lost verdicts decided by Greaney.

"He's one of those people who is so even-keeled that he brings great balance to the bench when he's part of your panel. He is one of those justices in front of whom it's comfortable to argue."

Greaney was appointed an associate justice in 1989 by then-Governor Michael S. Dukakis. He had served as chief justice of the Massachusetts Appeals Court and was a state Superior Court and Housing Court judge.

In his years on the bench, he has helped decide some of the most significant legal cases in recent memory, including the landmark ruling in Goodridge v. Department of Public Health in 2003 that affirmed the rights of gays to marry. In that case, Greaney wrote what is known as a concurrent opinion, a powerful second argument supporting the majority opinion.

He has also authored opinions on complex corporate cases and on at least one case that affirmed the separation of powers and the court's authority.

Greaney is known as one of the court's better writers, one who can articulate a point in a legal decision as clearly as he can on the bench.

"He is a man who is extraordinarily gifted, a fast and fluid worker," said retired judge Rudolph Kass, who joined the state Appeals Court at the same time as Greaney. "It's a loss for the court, but a really nice thing for him. He's been a judge for a very long time."

Greaney has taught at Western New England College School of Law and Westfield State College, and has written and edited books on legal education and judgments.

Beginning Dec. 1, he will head the Macaronis Institute for Trial and Appellate Advocacy at Suffolk University Law School. Founded in 1999, the institute concentrates on civil litigation, offering specialized programs for practicing attorneys and law students.

Greaney was not available for comment yesterday, but said in a statement that he was honored to join the law school.

The Macaronis Institute "trains law students to provide essential services in areas of practice that are vital to the maintenance of our system of justice," he said. "In addition to teaching, I will work assiduously to add to the wide range of services, courses, and programs that the institute conducts, so that it will continue its status as a respected center for trial and appellate advocacy and related legal studies."

Greaney's departure leaves an opening on the seven-member bench, the second to be filled by Governor Deval Patrick, a Democrat. Last July, Patrick appointed Margot Botsford to fill the vacancy left by the death of Justice Martha B. Sosman.

In appointing Botsford, a former Superior Court judge and prosecutor, Patrick said he chose someone who had experience on both sides of the bench.

Patrick's office said yesterday that it was too early to discuss a successor and that he thanked the justice for his 35 years of service and his help "to make our common law a model for courts across the country."

"The students of Suffolk University will be fortunate to have his wisdom among the faculty," the governor said.

Greaney takes with him the institutional memory that came with his status as the longest-serving member of the court. Chief Justice Margaret H. Marshall, the second longest-serving, was appointed in 1996.

"Any time you lose a justice who has served as long as he has, you're going to lose a bit of institutional memory," Lukey said.

Several local lawyers said they do not expect Patrick's appointment to change the tone of the SJC. Botsford's replacement of Sosman, who was appointed by Governor Paul Cellucci, a Republican, was seen as a shift. But like Botsford, Greaney brings a "moderate" mood to the court, lawyers said. They expect Patrick to fill the slot with someone who has a similar approach.

Greaney is "thoughtful and hard to pigeonhole," said Ellen J. Zucker, a partner at the Boston law firm of Burns & Levinson. "He is a person who in significant decisions of our time has been a thoughtful position on this court."

Milton Valencia can be reached at mvalencia@globe.com.