Supreme Judicial Court holds memorial for Chief Justice Herbert P. Wilkins

The Supreme Judicial Court held a memorial sitting in Boston to honor former Chief Justice Herbert P. Wilkins, who served on the court from 1972 and as chief justice from 1996 until his retirement in 1999. Attorney General Andrea Joy Campbell, former clerks Michael Tuteur and Nancy Dolberg, and former Chief Justices Margaret Marshall and Roderick Ireland delivered tributes and recollections.

Andrea Joy Campbell, the Attorney General of the Commonwealth, summarized Wilkins’ career and public service, noting his role in advancing state constitutional protections and improvements to the legal profession. Campbell said Wilkins "was an incredible judge who devoted his entire career to public service and the rule of law," and moved that the memorial be spread on the court’s records; the court later allowed that motion.

The memorial highlighted concrete elements of Wilkins’ record. Campbell and other speakers recounted Wilkins’ education (Harvard College, 1951; Harvard Law School, magna cum laude, 1954), his long service on the SJC after his 1972 appointment, and his contributions to developing state constitutional doctrines on abortion and the right to an adequate education, as well as a more expansive equal-protection jurisprudence.

Former clerk Michael Tuteur recalled being recruited to a Wilkins clerkship and quoted a federal judge who praised Wilkins at the time, saying, "Herb Wilkins is the smartest and best judge you'll find in this Commonwealth. I have no idea why you're talking to me." Tuteur and fellow clerks credited Wilkins with exacting editorial standards, rigorous mentorship and an insistence that lawyers put the public interest first.

Nancy Dolberg, another former clerk, offered courtroom and personal anecdotes that illustrated Wilkins' concern for litigants and staff. She recounted an episode in which Wilkins insisted that a pro se prisoner be unshackled while presenting in court, quoting Wilkins' instruction: "I want this man unshackled while he's presenting in the courtroom." Dolberg and other clerks described a continuing legacy of pro bono service; the court’s annual program honoring pro bono law students will be named in tribute to Wilkins.

Former Chief Justice Margaret Marshall framed Wilkins’ work as part of a broader effort to assert the importance of the Massachusetts Declaration of Rights in state constitutional law, and praised his leadership on the court’s Rules Committee, the creation of the Board of Bar Overseers and the Client Security Board, and initiatives to improve access to justice and attorney discipline.

Roderick Ireland, also a former colleague, offered personal reflections on Wilkins’ mentorship and the effect his guidance had on newer justices. On behalf of the court, the memorial motion presented by the Attorney General was allowed to be spread on the court’s records. Chief Justice Budd closed the ceremonial remarks, thanked staff who organized the sitting, invited attendees to a reception and the court adjourned.

The memorial sitting emphasized Wilkins' dual legacy as a jurist who shaped Massachusetts constitutional law and as a leader who sought higher ethical and pro bono standards for the legal profession. The court spread the memorial on its records and hosted a reception following the ceremony.