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Joseph F. Johnston
This page is about the Massachusetts associate justice. If you are looking for the Alabama circuit court judge, please see Joseph "Rusty" Johnston.
Joseph F. Johnston is an associate justice of the Suffolk County Juvenile Court in Massachusetts. He was nominated to the court by former Acting Governor Jane Swift in 2001.[1] His term expires when he reaches the mandatory retirement age of 70.[2]
Education
Johnston received his undergraduate degree from Fitchburg State College in 1980 and his J.D. from the New England School of Law in 1985.[1]
Career
- 2001-Present: Associate justice, Suffolk County Juvenile Court
- 1986-2001: Attorney in private practice[1]
Noteworthy cases
• In re care and protection of Justina Pelletier | Click for summary→ |
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This case began 13 months prior to Johnston's disposition order. The order was issued following a trial to determine whether the Massachusetts Department of Children and Families (Massachusetts DCF) should take permanent custody of a minor in need of specialized care. The 15 year-old girl, Justina Pelletier, was a resident of Connecticut. The Massachusetts DCF filed a report of neglect against Justina's parents, and after having her evaluated, an action was filed by the agency to gain permanent custody.[3] During the trial, psychiatric and medical records, as well as testimony from experts, were offered as evidence. Justina was diagnosed with "persistent and severe Somatic Symptom Disorder", a medical condition that affects her ability to eat and walk.[4] Johnston considered returning Justina to the custody of her parents. However, due to threats her parents made to medical personnel at the hospital where she was receiving care, as well as disruption they caused at the facility, Johnston determined Linda and Lou Pelletier are not able to provide the necessary care and protection for their daughter.[3] Since she is a Connecticut resident, the Massachusetts DCF contacted Connecticut's Department of Children and Families (Connecticut DCF) early in the case. However, prior to the judge issuing his order, the Connecticut DCF declined to intervene on Justina's behalf. The court also noted several programs in Connecticut were identified by the Massachusetts DCF as being able to provide Justina with the care she requires. However, none of those programs would accept her because her father threatened to take legal action against them if they did so.[3] When Johnston considered releasing Justina to her parents' custody, the agency informed the court their investigation had shown her parents had neglected Justina and returning her to their custody was not in her best interest.[3] Ultimately, despite the fact that all involved parties agreed to transfer the case to the Connecticut DCF in February, her parents filed a motion on March 14, 2014 indicating they would not consider any other options, except to have Justina returned to their custody.[3] In his ruling, Johnston noted since Massachusetts took temporary custody of Justina over a year before, her parents never demonstrated they were prepared to provide her with the care she needed. Johnston granted permanent custody of Justina to the Massachusetts DCF. Although he also noted in his order that the agency should continue working to have Justina placed at a care facility in Connecticut and have her case transferred to the Connecticut courts.[3] | |
See also
- Massachusetts Juvenile Courts
- Suffolk County, Massachusetts
- Courts in Massachusetts
- Judicial selection in Massachusetts
External links
- Massachusetts Court System, "Juvenile Courts by County"
- Massachusetts Court System, "Juvenile Court Justices"
Footnotes
- ↑ 1.0 1.1 1.2 Massachusetts Lawyers Weekly, "Judicial Profiles, Johnston, Joseph F.," accessed March 27, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Massachusetts," archived October 6, 2014
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Commonwealth of Massachusetts, "Juvenile Court Department, Boston Division, Docket No. 13CP0034BO, In re care and protection of Justina Pelletier," March 25, 2014
- ↑ Boston Globe, "Mass. granted permanent custody of Justina Pelletier," March 25, 2014
Federal courts:
First Circuit Court of Appeals • U.S. District Court: District of Massachusetts • U.S. Bankruptcy Court: District of Massachusetts
State courts:
Massachusetts Supreme Judicial Court • Massachusetts Appeals Court • Massachusetts Superior Courts • Massachusetts District Courts • Massachusetts Housing Courts • Massachusetts Juvenile Courts • Massachusetts Land Courts • Massachusetts Probate and Family Courts • Boston Municipal Courts, Massachusetts
State resources:
Courts in Massachusetts • Massachusetts judicial elections • Judicial selection in Massachusetts