Herbert P. Wilkins, former chief justice of the state Supreme Judicial Court, dies at 95

Boston Globe

2 days ago

'If you ask me who was the most significant chief justice certainly Herbert Wilkins would be a standout,' she said. 'I say that not only in the Commonwealth, but nationwide. He was an extraordinary man.'
Justice Wilkins, who also was committed to public service on community boards and with influential legal organizations before and after his years on the bench, was 95 when he died Tuesday at home in Concord.
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In rulings and in private conversations, Justice Wilkins was known for his brevity and clarity. His humor was also often present, even on the bench.
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A 'Wilkins ruling' had certain hallmarks, said
'It's brief, it's concise, it says what it means to say,' she said of his opinions, which he wrote from draft to finish. His clerks submitted memoranda for him to review.
'He was not a man of many words, but each word counted,' she said, 'and he also was very funny and had a dry wit.'
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In 1996, when Justice Wilkins was scheduled to be sworn in as chief justice in the governor's office, he noted in an interview that it was the same place where he had taken the oath as an associate justice in 1972. It also was the same place where his father, Raymond S. Wilkins, was sworn in as an SJC associate justice and later as chief justice.
'So it's going to be a four-fer,' Justice Wilkins told The Boston Globe.
Then he joked that he had picked
Though nominated to be an SJC associate justice by
'In my view, our state Constitution tells us today that the state may not engage in the senseless killing of a murderer, even though he is by definition a person who has committed a senseless killing himself,'
His more nationally lasting impact involved helping place the SJC at the cutting edge from the mid-1970s onward in issuing state Constitution rulings that more forcefully protected individual rights during an era when the US Supreme Court generally was not doing so.
'I rather regard it as an anchor to the windward to protect people's rights that we should all be in favor of,' Justice Wilkins said in a 1986 interview.
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Justice Wilkins 'understood that state constitutions were terribly important,' Marshall said, and by doing so was 'was among the most highly regarded jurists among state jurists.'
From the outset as chief justice, he worked amiably with the state Legislature. That close work with lawmakers helped spur appropriations to build and rehabilitate courts across the state, Marshall said.
'That was a singular achievement that nobody else had been able to do,' she said.
Marshall added that Justice Wilkins also tried to ensure that legal assistance would be made more available to state residents who couldn't afford a lawyer when they found themselves caught up in complex court matters.
The current Supreme Judicial Court justices
'As a jurist, he was known for his incisive rulings and meticulous attention to detail,' the statement said. 'His respectful and polite demeanor on and off the bench earned him the respect and admiration of all who worked with him. The people of the Commonwealth are fortunate that a person of his intellect, dignity, and commitment to justice was willing to devote his talents in their service.'
The youngest of three siblings, Herbert Putnam Wilkins was born on Jan. 10, 1930, and grew up in Winchester.
His mother, Mary Louisa Aldrich Wilkins, died in 1954, the year Justice Wilkins graduated from Harvard Law School.
His father,
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Before joining the SJC in 1972, the year after Raymond died, Justice Wilkins followed in his father's footsteps as a Harvard College and Harvard Law graduate.
A decades-long resident of Concord, he was town counsel for Concord and Acton and chaired Concord's Board of Selectmen before becoming a judge.
A Phillips Exeter Academy graduate, he formerly served on his alma mater's board of trustees and as president of the Harvard University Board of Overseers. Justice Wilkins also was a member of the council of the American Law Institute and a fellow of the American College of Trial Lawyers. He also had been the
'He took his obligations seriously,' said
Justice Wilkins joined the Palmer & Dodge law firm after law school and was a partner from 1960 until becoming a judge.
In 1952, he married Angela Middleton, an internationally recognized expert in addressing learning disabilities and teaching those with dyslexia to read.
When he met with reporters in July 1996, after Weld nominated him to lead the SJC, Justice Wilkins spoke with pride about Angela's work and said he believed he would be the first chief justice whose wife worked full time.
With his four children, Justice Wilkins 'tried to instill a sense of social responsibility to do right by others, an obligation that we're all in this together,' said his son
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Douglas's siblings are Stephen of Gloucester, an educator;
In addition to his wife and children, Justice Wilkins leaves eight grandchildren and 10 great-grandchildren.
A celebration of his life will be announced.
Justice Wilkins 'was a very, very kind man and I think he hired kind clerks,' said Dolberg, who added that the judge and his wife invited former clerks to gather for lunch each year around his birthday.
One by one, all stood each year to discuss and update their careers, becoming an extended family through the annual gatherings, inspired by his life and work.
'We were so full of gratitude,' Dolberg said. 'We really felt he had been an amazing mentor and that he had helped guide us in our careers.'
Bryan Marquard can be reached at