Worcester criminal defense attorney Brian Murphy has been nominated to replace Judge Patti Saris on the U.S. District Court for the District of Massachusetts.

Background

Born in 1979 in Columbia, Maryland, Murphy received a B.A. from The College of Holy Cross in 2002, and then obtained a J.D. from Columbia Law School in 2006. Murphy then spent three years as a public defender at the Committee for Public Counsel Services and then joined Todd and Weld LLP in Boston.

Murphy joined Murphy & Rudolph LLP in 2011 and currently works as a Partner there.

History of the Seat

Murphy has been nominated for a seat on the U.S. District Court for the District of Massachusetts, replacing Judge Patti Saris, who will take senior status upon the confirmation of a successor.

Legal Career

Murphy started his legal career as a public defender before shifting to the Boston firm Todd & Weld. While at the firm, Murphy represented defendants charged in a 67 count tax conspiracy. See United States v. Pingaro, 784 F. Supp. 2d 77 (D. Mass. 2011).

Murphy has spent the largest portion of his legal career at Murphy & Rudolph, representing criminal defendants in Worcester, Massachusetts. For example, Murphy petitioned the Massachusetts Supreme Judicial Court to order that a transcript of grand jury instructions be produced for his client’s indictments. Robin v. Commonwealth, 480 Mass. 1025 (2018). In other cases, Murphy has represented defendants charged with selling cocaine, fentanyl and heroin in the Worcester area. See United States v. Cruz, 365 F. Supp. 3d 222 (D. Mass. 2019); United States v. Robles, 464 F. Supp. 3d 422 (D. Mass. 2020).

On the civil side, Murphy represented the Blackstone Headwaters Coalition in a suit alleging that the defendants were violating the Federal Water Pollution Control Act. See Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc. et al., 410 F. Supp. 3d 299 (D. Mass. 2019). The suit was ultimately dismissed via summary judgment. See id.

Overall Assessment

Democrats are facing an increasingly tightening window for judicial confirmations before the end of the year. However, there is little in Murphy’s background that should cause him too much trouble in the confirmation process.

Julia Kobick, who currently works with the Massachusetts Solicitor General’s Office, brings a star-studded resume to her appointment to the federal bench.

Background

Kobick received a B.A. from Harvard University in 2005, and then obtained a J.D. from Harvard Law School in 2010.

After graduation, Kobick clerked for Judge Dennis Saylor on the U.S. District Court for the District of Massachusetts, for Judge Michael Chagares on the U.S. Court of Appeals for the Third Circuit, and then for Justice Ruth Bader Ginsburg on the U.S. Supreme Court.

Kobick subsequently joined the Massachusetts Attorney General’s Office, serving as Deputy Attorney General until 2021, when she became Deputy State Solicitor for the state.

History of the Seat

Kobick has been nominated for a seat on the U.S. District Court for the District of Massachusetts opened by Judge William Young’s move to senior status on July 1, 2021.

Legal Career

After her clerkships, Kobick has spent her entire legal career with the Massachusetts Attorney General’s Office, serving both as deputy attorney general and the deputy state solicitor. Early in her time with the office, Kobick defended a statute authorizing involuntary commitment orders for those with serious alcoholism and substance abuse disorders. See, In the Matter of G.P., 40 N.E.3d 989 (Mass. 2015).

Among the notable matters she handled there, Kobick sued the Trump Administration for its rollback of the Affordable Care Act’s contraceptive coverage mandate. See AG Healey Sues the Trump Administration for Roll Back of Contraceptive Coverage Mandate, States News Service, Oct. 6, 2017. Kobick was also part of the legal team defending Massachusetts’ “Right to Repair” law, which mandates access to car diagnostic and repair systems. See Chris Vilani, ‘Irritated’ Judge Nearing Verdict on Mass. Car Data Law, Law360, Feb. 2, 2022. Kobick also defended Massachusetts’ mask mandate during the pandemic. See Brian Dowling, End of Mask Order Moots Legal Challenge, Mass. Justices Say, Law360, May 2, 2022.

Writings and Statements

Kobick has authored a number of articles discussing and analyzing the law. As a law student, Kobick discussed a finding of an “intent to discriminate” in challenging facially neutral laws under the Equal Protection Clause. See Julia Kobick, Discriminatory Intent Reconsidered: Folk Concepts of Intentionality and Equal Protection Jurisprudence, 45 Harv. C.R.-C.L. L. Rev. 517 (Summer 2010). In the paper, Kobick suggests broadening the analysis of intentionality to include considerations of the foreseeability that facially neutral laws might cause harm to particular groups. See id. at 562.

Kobick also addressed the intentionality of actions and the moral implications thereof in another article she co-authored. See Julia Kobick and Joshua Knobe, Symposium: Is Morality Universal, and Should the Law Care?: Interpreting Intent: How Research on Folk Judgments of Intentionality Can Inform Statutory Analysis, 75 Brooklyn L. Rev. 409 (Winter 2009). In this piece, Kobick discussed intentionality in the context of environmental liability when an actor does not intend the negative impacts of their actions but is aware that such impacts are likely to occur. See id. at 412. In the context of a recent Supreme Court decision, Kobick suggests incorporating folk understandings of morality in determining intentionality. Id. at 431.

Kobick also authored a paper as a law student recommending that the Food and Drug Administration use “negotiated rulemaking,” a form of rulemaking that involves early buy-in from stakeholders (as opposed to notice-and-comment rulemaking, which has stakeholders submit comments after a proposed rule has already been drafted) to formulate rules and regulations. See Julia Kobick, Negotiated Rulemaking: The Next Step in Regulatory Innovation at the Food and Drug Administration?, 65 Food Drug L.J. 425 (2010).

Political Activity

Kobick’s campaign donations include contributions to Secretary of Transportation Pete Buttegieg and to Healey.

Overall Assessment

Having clerked for Justice Ginsburg and with a long record of advocacy on behalf of the Massachusetts Attorney General’s office, Kobick presents a mirror image to the youthful Clarence Thomas clerks that President Trump frequently nominated to the federal bench. If Kobick is able to squeeze through the Senate calendar, she will likely be strongly considered for elevation to the First Circuit or beyond.

Boston municipal judge Myong Joun has been tapped for elevation to the federal bench.

Background

Joun received a B.A. from the University of Massachusetts Boston in 1994, and then obtained a J.D. from Suffolk University School of Law in 1999.

After graduation, Joun joined Howard Friedman P.C. In 2007, he became a solo practitioner in Boston, Massachusetts.

In 2014, Joun was nominated by Governor Deval Patrick to be a Judge on the Boston Municipal Court, where he currently serves.

History of the Seat

Joun has been nominated for a seat on the U.S. District Court for the District of Massachusetts opened by Judge George O’Toole’s move to senior status on January 1, 2018. Due to an inability to reach an agreement on candidates with Massachusetts Senators, the Trump Administration never extended a nominee to fill the vacancy.

Legal Career

After law school, Joun started his legal career at the firm of Howard Friedman. Among the matters he handled there, he was part of the legal team representing Danny Norris, who won a jury trial after being placed under arrest after yelling at an officer for illegally parking. See Norris v. Murphy, 287 F. Supp. 2d 111 (D. Mass. 2013). He also represented Neil Miller, who sued municipal officials after being wrongfully convicted and imprisoned for rape. See Miller v. City of Boston, 297 F. Supp. 2d 361 (D. Mass. 2003). Joun also handled appeals, arguing on behalf of an inmate seeking disability accommodations before the Massachusetts Supreme Judicial Court. See Shedlock v. Dep’t of Corr., 818 N.E.2d 1022 (Mass. 2004).

From 2007 to 2014, Joun worked as a solo practitioner. His work during this time consisted of civil rights litigation, including a class action suit alleging overtime and pay violations against a chinese restaurant. See Jon Chesto, Quincy Workers Sue Eatery, Cite Unpaid Hours; Chinese Restaurant in Brockton Denies Charges, The Patriot Ledger, Sept. 16, 2009. He also represented Shaun Joseph, who was protesting Donald Rumsfeld, when he was arrested and charged with assault and battery against an officer (the charges were dismissed after a video exonerated him). See Edward Mason and Tom Mashberg, The Complaint Jar Runneth Over, Boston Magazine, April 2014.

Jurisprudence

Since 2014, Joun has served on the Boston Municipal Court, a trial court that has jurisdiction over both criminal and civil cases.

Among the notable matters that he heard as a judge, Joun presided over the assault trial of Tajanetta Downing, who fatally injured a 72 year old woman by shoving her to the ground. See Charlene Adams, ‘Ghostbusters’ Cameraman Helps Cops Find Woman Who Fatally Pushed 72-Year-Old Grandmother to the Ground, Daily Mail, July 10, 2015.

Political Activity

Joun’s political history consists largely of donations to Patrick and to the Massachusetts Democratic Party.

Overall Assessment

A civil rights attorney turned state judge, Joun falls within the mainstream of Democratic appointees to the federal bench. While he is likely to have limited crossover support, Joun is favored to join the bench if he can get a hearing before the end of the year.

Massachusetts District Judge Margaret Guzman has been a fixture of the Worcester legal community for the past thirty years. She has now been tapped for the federal bench.

Background

Guzman received a B.A. from Clark University in 1989, and then obtained a J.D. from Boston University School of Law in 1992.

After graduation, Guzman became a public defender in Massachusetts. In 2005, she became a solo practitioner in Worcester, Massachusetts.

In 2009, Guzman was nominated by Governor Deval Patrick to be a Judge on the Dudley District Court. In 2017, Guzman joined the Ayer District Court, where she currently serves.

History of the Seat

Guzman has been nominated for a seat on the U.S. District Court for the District of Massachusetts opened by Judge Timothy Hillman’s move to senior status on July 1, 2022.

Legal Career

Guzman started her legal career as a public defender in Massachusetts. Among the matters she handled as a public defender, Guzman represented Jose Ramos, who shot and killed Ramon Cruz for using a derogatory name for a homosexual when referring to Ramos. See Worcester Man Gets 14 Years for Shooting Neighbor, A.P. State & Local Wire, Aug. 10, 2000. She also represented Brian Martel, who was convicted of stabbing and killing his son while in a psychotic episode. See Father Who Stabbed Sons Pleads Guilty to Reduced Charges, A.P. State & Local Wire, Aug. 31, 2004.

From 2005 to 2009, Guzman worked as a solo practitioner in Worcester. During this time, Guzman represented Anthony Leo, who was convicted of raping a Worcester woman by force after entering her apartment. See Man Gets Life Sentence After Rape Conviction, A.P. State & Local Wire, Mar. 15, 2007.

Jurisprudence

Guzman has served as a state court judge in Massachusetts since her appointment in 2009. For the first eight years of her career, Guzman served on the Dudley District Court, which holds jurisdiction over felonies up to five years, misdemeanors, ordinance violations, and all civil matters involving less than $25,000 in damages. Since 2017, Guzman has served on the Ayer District Court.

Among the notable matters that she heard as a judge, Guzman held Alberto Sierra without bail after the disappearance of his girlfriend’s five-year-old son. See Amy Crawford, Boyfriend Ordered Held in Mass. Missing Boy Case, A.P., Dec. 24, 2013. Guzman also dismissed charges against Prof. Sabine von Mering arising from a protest where she blocked a coal train to Merrimack Station, the last coal powered power plant in New England. See Jen Crystal, Prof. Arrested For Blocking Coal Train in Climate Protest, The Justice: Brandeis University, Jan. 28, 2020.

Guzman’s tenure on the bench also overlapped with some criticism of the state bench for high rates of acquittals in Driving Under the Influence cases. See Chris Burrell and Neal Simpson, High Acquittal Rate in OUIs; 86% Innocent in Bench Trials; State Supreme Court Calls for Reform, The Patriot Ledger, Nov. 2, 2012. Special counsel for the Massachusetts Supreme Judicial Court noted that, in the period studied, Guzman had acquitted all 149 defendants who appeared before her in bench trials on drunk driving charges. See id. While the Court’s report made it clear that there was no misconduct on the part of the judges involved, it nonetheless called for reform of procedures to ensure that lawyers did not engage in judge shopping. See id.

Political Activity

Guzman has a relatively limited political history, including a donation to Democratic Governor Deval Patrick in 2006.

Overall Assessment

Having been a judge for thirteen years, Guzman is a relatively conventional choice for the federal bench. If obstacles arise in her path to the bench, they may be drawn from her acquittal rate while on the bench. However, if Guzman can explain that issue, she should have a relatively painless confirmation.