In re Finneran

919 N.E.2d 698, 455 Mass. 722, 2010 Mass. LEXIS 10
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 11, 2010
StatusPublished
Cited by7 cases

This text of 919 N.E.2d 698 (In re Finneran) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Finneran, 919 N.E.2d 698, 455 Mass. 722, 2010 Mass. LEXIS 10 (Mass. 2010).

Opinion

Botsford, J.

This bar discipline matter comes before the court on a reservation and report by a single justice, without decision. The respondent, Thomas M. Finneran, a former Speaker of the Massachusetts House of Representatives, pleaded guilty on [723]*723January 5, 2007, in the United States District Court for the District of Massachusetts to a charge of obstruction of justice, in violation of 18 U.S.C. § 1503 (2000).1 The specific charge was that the respondent wilfully had made misleading and false statements under oath while testifying in his capacity as Speaker in a Federal voting rights lawsuit. A hearing panel of the Board of Bar Overseers (board) recommended that the respondent be suspended from the practice of law for two years and undergo a reinstatement hearing prior to reinstatement to the bar. Both the respondent and bar counsel appealed to the board from the hearing panel’s report; a majority of the board recommended that the respondent be disbarred, with one member dissenting. We accept the recommendation of the board’s majority and remand the case to the county court where a judgment of disbarment shall enter.

1. Background. The following is drawn from the findings of the hearing panel and the exhibits that were before it,2 as well as the report of the board. The respondent was admitted to the practice of law in the Commonwealth on December 18, 1978. That same year he was first elected to serve in the Massachusetts House of Representatives (House), representing the Mattapan section of Boston. The respondent served as the elected representative of that district — the Twelfth Suffolk District — for over twenty-six years. During his tenure, he served as chairman of the House committee on banking, chairman of the House committee on ways and means, and, beginning in 1996, he was elected five times by his fellow representatives to the position of Speaker of the House. He served in that capacity until his resignation from the House in 2005.

In 2001, the Massachusetts Legislature undertook a process [724]*724to redraw the boundaries of the electoral districts for the House and the Massachusetts Senate; these efforts culminated in the passage of St. 2001, c. 125 (2001 Redistricting Act).3 In June of 2002, an organization named the Black Political Task Force and other organizations and individuals representing or comprising African-American and Latino voters in Boston filed a civil action in the Federal District Court (voting rights lawsuit). The voting rights lawsuit named the respondent as a defendant in his official capacity as Speaker, and alleged that the 2001 Redistricting Act, as it related to House seats in Suffolk County, contravened the Fourteenth and Fifteenth Amendments to the United States Constitution and § 2 of the Federal Voting Rights Act, 42 U.S.C. § 1973(b). Specifically, the plaintiffs alleged that although in 2000 Boston’s minority population constituted over fifty per cent of the city’s total population, the 2001 Redistricting Act “eliminated two majority-minority districts, reduced the minority population in one district, and ‘super-packed’ another district so that it contains a voting age population that is [ninety-eight per cent] minority.” It was further alleged that the 2001 Redistricting Act gerrymandered and diluted minority voting strength and created a number of majority-white districts greater than justified by the percentage of white voters in the city’s voting age population.

Although the respondent was subsequently dismissed as a defendant,4 the plaintiffs sought to establish that he played a key role in developing the 2001 Redistricting Act and contributed to the redrawing of the boundaries of his own district. The respondent was deposed in the voting rights lawsuit on March 28, 2003, and voluntarily testified at trial on November 14, 2003, before a three-judge panel assigned to hear the case. See [725]*72528 U.S.C. § 2284(a) (2000). In his trial testimony,5 the respondent diminished or denied the extent of his involvement in the redistricting process by claiming he had no substantive knowledge of the development of the redistricting plan. He also asserted that he had not seen a redistricting plan before the final plan was filed with the clerk of the House of Representatives (House clerk) on October 18,2001. More specifically, the respondent provided the following answers during his testimony:

Q.: “And did you review a number of the redistricting plans as the process proceeded?”
A.: “No, I did not.”
Q.: “Did you review any of the redistricting plans as the process proceeded?”
A.: “Not as the process proceeded. No, sir.”
Q.: “Okay. When was the first time you saw a redistricting plan?”
A.: “It would have been after the committee on redistricting filed its plan with the House Clerk as a member who has an interest. I would have availed myself of it and made a review of it.”
Q.: “So the first time you saw a redistricting plan was when the redistricting committee disseminated its plan to the full House; is that your testimony?”
A.: “That is my testimony. Yes, sir.”6

[726]*726The plaintiff's in the voting rights lawsuit ultimately prevailed: the three-judge panel concluded that the 2001 Redistricting Act violated § 2 of the Voting Rights Act by diluting the voting power of African-American voters. See Black Political Task Force v. Galvin, 300 F. Supp. 2d 291, 316 (D. Mass. 2004). Of relevance here is a footnote in the panel’s decision that stated: “Although Speaker Finneran denied any involvement in the redistricting process, the circumstantial evidence strongly suggests the opposite conclusion.” Id. at 295 n.3.

On June 6, 2005, the respondent was charged in the United States District Court for the District of Massachusetts in a four-count indictment that alleged he committed three counts of perjury in violation of 18 U.S.C. § 1623 (2000), and one count of obstruction of justice in violation of 18 U.S.C. § 1503; the indictment based these charges on the respondent’s responses to discovery, deposition testimony, and trial testimony in the voting rights lawsuit. On January 5, 2007, pursuant to a plea agreement with the government, the respondent pleaded guilty to the obstruction of justice charge contained in count four of the indictment.* *****7

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of Edward A. Sargent
Massachusetts Supreme Judicial Court, 2025
In the Matter of Foster
Massachusetts Supreme Judicial Court, 2023
In the Matter of Moran
Massachusetts Supreme Judicial Court, 2018
In the Matter of Zak
Massachusetts Supreme Judicial Court, 2017
In the Matter of Diviacchi
Massachusetts Supreme Judicial Court, 2016
In re Burnbaum
998 N.E.2d 338 (Massachusetts Supreme Judicial Court, 2013)
In re Patch
997 N.E.2d 425 (Massachusetts Supreme Judicial Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 698, 455 Mass. 722, 2010 Mass. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-finneran-mass-2010.