SJC Justice Lowy to leave bench, take post as UMass counsel

This story has been updated – Nov. 29, 6:30 p.m.

ANOTHER SUPREME JUDICIAL COURT justice is heading off the bench early, giving Gov. Maura Healey two open seats to fill in the new year on the state’s highest court.

Justice David Lowy, 63, will leave the SJC on February 3, 2024 – well before reaching the state mandatory judicial retirement age of 70 – to serve as general counsel of the University of Massachusetts system, a job likely to come with a big pay raise.

The UMass Amherst alumnus will also serve as strategic advisor for law school education and become an adjunct law professor at the UMass School of Law, according to UMass.

“It has been the privilege of a lifetime to serve as a judge in this Commonwealth for 26 years, more than seven of them as a justice on our state’s highest court. I have tried every day to approach each case impartially, without fear or favor,” Lowy said in a statement. “I am tremendously grateful to my colleagues on the Supreme Judicial Court for their commitment to justice, collegiality, and friendship.”

Lowy, a Peabody native who has served on the high court since 2016, was nominated by then-Gov. Charlie Baker. He was one of the earliest appointments to a court Baker would have the rare opportunity to reshape in its entirety throughout his time in office.

After graduating in 1983 from UMass, Lowy got his law degree in 1987 from Boston University. He stepped into the state judicial system in 1997, appointed by then-Gov. Bill Weld to the district court and later Gov. Paul Cellucci appointed Lowy to the Superior Court in 2001.

Lowy will succeed current UMass general counsel Gerry Leone, the former Middlesex district attorney, who is now returning to private practice. Lowy, the first UMass graduate to sit on the SJC, said he is “delighted to be returning home to UMass” in a statement.

The return to Lowy’s alma mater will almost certainly come with a substantial pay raise. Lowy made about $212,000 last year as a justice, and Leone’s 2022 pay was about $344,000.

“Justice Lowy is a highly respected jurist who possesses a keen legal mind and also brings significant experience as an educator,” UMass president Marty Meehan said in a statement. “We have taken great pride in David Lowy’s career for many years, and it is fair to say that he has inspired UMass students to pursue careers in law and in public service. I am honored to welcome one of our most distinguished graduates back to the University.” 

Healey is still working to fill a court seat after Justice Elspeth Cypher’s planned retirement in January, also years before the mandated retirement age. The hunt for a new justice has been a journey, with the application deadline extended three times – the application window would have closed again on November 30.

A spokesperson for Healey said on Wednesday that the Supreme Judicial Nominating Commission established by the governor to fill Cypher’s seat will select candidates for both SJC vacancies. The current application period will be extended for another 30 days, according to Healey’s office.

“I’m grateful to Justice Lowy for his distinguished years of service to Massachusetts and wish him the best in this next chapter,” Healey said in a statement. “Our administration is committed to appointing two qualified Supreme Judicial Court justices.”