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Scott Kafker

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Scott L. Kafker
Image of Scott L. Kafker
Massachusetts Supreme Judicial Court
Tenure

2017 - Present

Term ends

2029

Years in position

8

Compensation

Base salary

$226,187

Education

Bachelor's

Amherst College, 1981

Law

University of Chicago Law School, 1985

Contact

Scott L. Kafker is a judge of the Massachusetts Supreme Judicial Court. He assumed office on August 21, 2017. His current term ends on April 24, 2029.

Kafker became a member of the court through gubernatorial appointment. He was nominated to the court in June 2017 by Republican Governor Charlie Baker to succeed retiring Justice Geraldine S. Hines.[1] To read more about judicial selection in Massachusetts, click here.

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country. As part of this study, we assigned each justice a Confidence Score describing our confidence in the degree of partisanship exhibited by the justices' past partisan behavior, before they joined the court.[2] Kafker received a confidence score of Mild Republican.[3] Click here to read more about this study.

Biography

Kafker earned his undergraduate degree from Amherst College in 1981 and earned his J.D. from the University of Chicago Law School in 1985.[4] He began his legal career at Foley, Hoag & Eliot as an associate in 1987, and served as deputy chief legal counsel to Governor William F. Weld from 1991 to 1993. From 1993 until 2001, Kafker serves as chief legal counsel to the Massachusetts Port Authority.

He was appointed to the Massachusetts Appeals Court by Governor Paul Cellucci and joined the bench on March 7, 2001. Governor Charles D. Baker appointed Kafker chief justice on June 30, 2015, to succeed Phillip Rapoza. Baker then appointed Kafker to the Massachusetts Supreme Judicial Court on August 21, 2017. Kafker is a member of the American Law Institute.[4]

Appointments

Massachusetts Supreme Judicial Court (2017-present)

Governor Baker appointed Kafker to the Massachusetts Supreme Judicial Court on August 21, 2017.

Massachusetts Appeals Court (2001-2017)

Governor Paul Cellucci appointed Kafker to the Massachusetts Appeals Court in 2001, with Kafker officially joining the bench on March 7, 2001. Governor Charles D. Baker appointed Kafker chief justice on June 30, 2015, to succeed Phillip Rapoza.

Analysis

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship and Ballotpedia Courts: Determiners and Dissenters

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation. This was not a measure of where a justice fell on an ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. The scores were based on seven factors, including but not limited to party registration.[5]

The five resulting categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[6]
  • Mild Republican
  • Strong Republican

This justice's Confidence Score, as well as the factors contributing to that score, is presented below. The information below was current as of June 2020.

Scott
Kafker

Massachusetts

  • Partisan Confidence Score:
    Mild Republican
  • Judicial Selection Method:
    Direct gubernatorial appointment
  • Key Factors:
    • Held political office as a Republican
    • Donated over $2,000 to Republican candidates
    • Appointed by a Republican governor


Partisan Profile

Details:

Kafker was deputy chief legal counsel to Governor William F. Weld (R) from 1991 through 1993. He donated $2,500 to Republican candidates and organizations. Kafker was appointed by Gov. Charlie Baker (R).



Noteworthy cases

Noteworthy cases may be selected due to their impact on legal precedent, substantial media attention, or overlaps with another area of editorial interest at Ballotpedia. To suggest cases we should cover here, email us.

State supreme court judicial selection in Massachusetts

See also: Judicial selection in Massachusetts

The seven justices of the Massachusetts Supreme Judicial Court are appointed by the governor with the approval of the Governor's Council. The Governor's Council is constitutionally authorized and advises the governor on government affairs in Massachusetts. The council is composed of eight members and is elected biennially by the voters. Judges on the supreme court serve until the mandatory retirement age of 70.[7]

Qualifications

Judges of this court must be under the age of 70.[7]

Chief justice

The chief justice is also appointed by the governor with council approval, serving until age 70 as well.[7]

Vacancies

See also: How vacancies are filled in state supreme courts

Vacancies on the supreme court are filled by the governor with the approval of the Governor's Council. Judges serve until the mandatory retirement age of 70.[7]

The map below highlights how vacancies are filled in state supreme courts across the country.



See also

Massachusetts Judicial Selection More Courts
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Courts in Massachusetts
Massachusetts Appeals Court
Massachusetts Supreme Judicial Court
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Gubernatorial appointments
Judicial selection in Massachusetts
Federal courts
State courts
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External links

Footnotes

  1. Salem News, "Swampscott's Kafker sworn in as newest member of the Supreme Judicial Court," August 21, 2017
  2. We calculated confidence scores by collecting several data points such as party registration, donations, and previous political campaigns.
  3. The five possible confidence scores were: Strong Democrat, Mild Democrat, Indeterminate, Mild Republican, and Strong Republican.
  4. 4.0 4.1 Commonwealth of Massachusetts, "Justice Scott L. Kafker," accessed July 23, 2021
  5. The seven factors were party registration, donations made to partisan candidates, donations made to political parties, donations received from political parties or bodies with clear political affiliation, participation in political campaigns, the partisanship of the body responsible for appointing the justice, and state trifecta status when the justice joined the court.
  6. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  7. 7.0 7.1 7.2 7.3 National Center for State Courts, "Methods of Judicial Selection: Massachusetts," accessed August 25, 2021