Frank Gaziano
Associate Justice of the Massachusetts Supreme Judicial Court
Assumed office
August 18, 2016
Appointed byCharlie Baker
Preceded byFrancis X. Spina
Associate Justice of the Massachusetts Superior Court
In office
2004 – August 18, 2016
Appointed byMitt Romney
Succeeded byDiane C. Freniere
Personal details
Born (1963-09-08) September 8, 1963
Quincy, Massachusetts, U.S.
EducationLafayette College (BA)
Suffolk University (JD)

Frank M. Gaziano (born September 8, 1963) is an associate justice of the Massachusetts Supreme Judicial Court.

Early life and education

Born in Quincy, Massachusetts,[1] Gaziano received his Bachelor of Arts from Lafayette College in 1986 and his Juris Doctor from Suffolk University Law School in 1989.[2]

He began his legal career at the Boston law firm of Foley Hoag as a litigation associate. In 1991, he entered public service as an assistant district attorney with the Plymouth County District Attorney's Office in Brockton.

In 2001, he was appointed the First Assistant United States Attorney for the District of Massachusetts, where he was a member of the Organized Crime Strike Force.[1]

Judicial service

Gaziano was previously an associate justice for the Massachusetts Superior Court. He was nominated to the court by Governor Mitt Romney in 2004.[2] He served as the Regional Administrative Justice for Plymouth County and for Criminal Business in Suffolk County. He also chaired the Supreme Judicial Court's Standing Committee on Criminal Rules and was a member of the Supreme Judicial Court's Model Homicide Jury Instruction Committee.[1]

Supreme Judicial Court

Gaziano was nominated to the Supreme Judicial Court by Governor Charlie Baker on June 14, 2016, and confirmed by the Governor's Council on July 13, 2016.[3] He succeeded Justice Francis X. Spina, who retired on August 12, 2016.

Notable Cases

In April 2020, Gaziano wrote for the unanimous court when it found that warrantless use of automatic number-plate recognition cameras to surveil a suspected heroin distributor's bridge crossings to Cape Cod was not an unconstitutional search because of the limited time and scope of the observations.[4][5]

In February 2022, the Supreme Judicial Court ruled that a criminal defendant lacked a reasonable expectation of privacy in a Snapchat story he shared with an undercover Boston police officer, who friended the defendant using a pseudonym and then used the clip to charge him in an illegal gun case. Writing for the court, Gaziano said that requiring police officers to always identify themselves would render "virtually all undercover work" unconstitutional.[6][7]

References

  1. 1 2 3 "Supreme Judicial Court Justices". Retrieved April 4, 2018.
  2. 1 2 "GAZIANO, FRANK M". Massachusetts Lawyers Weekly. January 27, 2012.
  3. ↑ Lannan, Kate (June 14, 2016). "Judge from Scituate among three nominees to state's highest court". The Patriot Ledger. Retrieved April 4, 2018.
  4. ↑ Note, Recent Case: Massachusetts Supreme Judicial Court Holds that Use of Automated License Plate Readers May Constitute a Search, 134 Harv. L. Rev. 2887 (2021).
  5. ↑ Commonwealth v. McCarthy, 142 N.E.3d 1090 (Mass. 2020).
  6. ↑ Gross, Samantha J. (February 10, 2022). "About that friend request from a name you don't quite recognize . . ". Boston Globe.
  7. ↑ "Commonwealth v. Carrasquillo" (PDF). February 7, 2022.
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