Judge David Lowy plans to retire from high court to join UMass

Gov. Maura Healey still hasn't picked someone to fill the first spot on the state's highest court to open up during her tenure, and she's about to get a second choice as well.

Supreme Judicial Court Justice David Lowy informed Healey he plans to retire from the court on Feb. 3, 2024, court officials announced Wednesday. Moments later, UMass President Marty Meehan announced that Lowy accepted a job as the university system's next general counsel.

Lowy's projected retirement date falls on his 64th birthday, six years before he hits the mandatory retirement age for judges. While judges sometimes step down before they turn 70, it's less common for someone to leave the apex of the judicial system for a new job, and none of the current members of the court were set to reach that age during Healey's four-year term.

A UMass Amherst graduate who was the commencement speaker at a 2021 ceremony there, Lowy will also serve as the system's strategic advisor for law school education and as an adjunct professor at the UMass School of Law.

"I am truly delighted to be returning home to UMass and am very pleased to be joining President Meehan's team," Lowy said in a statement provided by UMass. "I look forward to working to advance the University's mission of educational excellence. From personal experience, I know that UMass provides opportunity and transforms lives."

His move to UMass will bring to an end a 26-year run as a judge in Massachusetts, including seven years on the SJC, which Lowy in a court statement called "the privilege of a lifetime."

It also pencils in a second vacancy on the high court involving a judge several years before their retirement age.

Justice Elspeth Cypher announced in June that she plans to step down in January, shortly before she turns 65, and take a visiting professor position at Boston College Law School for the spring semester.

A five-person nominating panel is weighing potential candidates Healey could nominate to succeed Cypher. Healey has begun making picks for other judgeships, but so far has not chosen a nominee for the SJC.

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

Former Gov. Charlie Baker appointed all seven members of the current SJC, including Lowy, who joined the highest court in August 2016.

"We are grateful for the insight, wisdom and energy that Justice Lowy has brought to the work of the Court," said Supreme Judicial Court Chief Justice Kimberly Budd. "I have served alongside Justice Lowy in the Superior Court and Supreme Judicial Court and count him as a deeply trusted colleague and friend. The people of the Commonwealth have greatly benefitted from his decades of service."

Former SJC Justice Robert Cordy, who similar to Lowy worked for Weld as chief legal counsel, left the high court in 2016 at the age of 67 to return to his former law firm.

UMass officials on Wednesday did not provide a specific start date for Lowy's new job, but he's expected to get up and running at the university system shortly after he leaves the court.

"Justice Lowy is a highly respected jurist who possesses a keen legal mind and also brings significant experience as an educator," 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."

He will succeed Gerry Leone as general counsel. Leone, a former Middlesex County district attorney who joined UMass in 2017, plans to return to private practice for "a new personal and professional opportunity" he pledged to describe in greater detail "in the near future."

"Gerry Leone has provided UMass with outstanding legal service during his tenure as general counsel and has also been a key strategist and adviser," Meehan said. "We will miss his skill and wise counsel, but I respect his decision to pursue an exciting and fulfilling opportunity. I have had the good fortune to call Gerry a friend for many years and look forward to witnessing his future achievements."

If Lowy is compensated roughly the same as Leone, he's in line for a significant raise. In 2022, Lowy earned $212,713 as an SJC justice, according to state payroll records. Leone was paid $344,427 last year as UMass general counsel, records show.

A graduate of Boston University School of Law, Lowy clerked for U.S. District Court Edward Harrington before serving as an assistant district attorney in Essex and Suffolk counties.

He spent three years as deputy legal counsel to Gov. William Weld, who first appointed Lowy to the bench. Gov. Paul Cellucci in 2001 appointed Lowy to the Superior Court.

At the SJC, Lowy co-chairs the Judiciary-Media Committee and chairs its Standing Committee on Substance Use Disorder and Mental Health. He has held adjunct professorships at New England School of Law, Suffolk University Law School and BU's law school.