Getting into Harvard is hard. For the Class of 2027, the school accepted only a little more than 3% of those who applied. However, according to Terry Kennedy, a member of the Massachusetts Governor’s Council, becoming a judge for the Commonwealth is an even harder feat to achieve.
“The chances of becoming a judge in Massachusetts… is about .09%,” Kennedy said in his speech at a party in Leo Fama’s honor.
Fama is a Lynnfield resident, and one of those who beat the tremendous odds and was recently nominated by Gov. Maura Healey to the Massachusetts District Court.
“I’m proud to nominate these four hard-working and passionate attorneys to the court,” Healey said in a statement. “They have decades of experience practicing law and serving the people of Massachusetts. We thank the Governor’s Council for their consideration.”
The process
The Governor’s Council is a constitutional body that has been in existence for about 250 years. Its primary role is to hold hearings and vote on judicial nominations that the governor recommends. Kennedy suggested to Healey that Fama would be a good candidate, and she then put forward his name. Kennedy and his fellow council members voted on whether Fama would get the job.
“He’s an outstanding lawyer,” Kennedy said. “He’s gonna be a terrific judge. He has a lot of empathy for people, which is exactly what we need on the bench. Somebody with compassion… and who knows the impact it (incarceration or a criminal charge) has on not just the defendants themselves, but their families. Everybody else that a criminal case touches on.”
Kennedy added that when somebody is charged with a crime or incarcerated, their families can become homeless because they can’t work. He said that Fama understands the waves incarceration can create.
“Leo’s also dealt with a lot of victims of crime, he really has a lot of empathy for them,” Kennedy said. “So he does understand all of that. That’s why he’s gonna be a great judge.”
Before Fama officially starts the position, he has to go through four weeks of judicial training.
“Judicial training is where you sit with a judge… and they teach you procedures and policy and you get a lot of education about different areas of the law, things that I may not have seen or practiced,” Fama said. “And I get to learn that from judges that have done it for a long time. And I get a chance to do it on my own, before I get put into a court or a region.”
Fama’s career
Fama has been practicing law for 33 years. According to the website of his old private practice, which has now been shut down since one can no longer practice law when they are nominated by the governor, he represented clients in civil litigation cases, criminal defense cases, real estate title closings, magistrate hearings, and more. A statement from the governor’s office added that Fama has had a solo practice since 1997, handling significant matters in federal and state courts in many jurisdictions. He has a bachelor of science in business administration from Suffolk University, and went to law school at the New England School of Law.
Going from the private to the public sector
Fama said it was difficult to wrap up his private practice after getting nominated, as he’s been practicing in the private sector for a long time and has had a heavy caseload.
“Much of my court dates had to be put off, and other people had to step in,” Fama said. “I was explaining to people at that time, ‘You know, this is where I am, I’ve been fortunate enough to be nominated by the governor, the District Court. I’m not able to practice law, I hope you understand. I’m going to have somebody stand in for me or I’m going to suggest the case to another attorney, or you have the right to bring the case to anybody that you want.’”
Thankfully, Fama said that almost everyone that he spoke with was very happy and excited for his achievement and the new chapter in his life.
“They were happy, which made me feel good,” Fama said. “Because a lot of times what ends up happening is… not everybody’s happy for you all the time. But I felt as though all of my clients and all of my friends were extremely excited for me. They understand this is a prestigious honor.”
For the very last case Fama had to withdraw from, he said that the client could not have been happier for him.
“She said, ‘I’m proud to say that you represented me, sad that you’re not going to be representing me, but I understand. And I hope that we can stay in touch,’” Fama said.
Fama recounted the day Healey told him that she was going to nominate him. He told her that he had not even told his father that he was in the process of possibly becoming a judge.
“I didn’t want him to ask me questions every day,” Fama said. “Sometimes, it’s more difficult to answer questions that people ask when it’s very much unknown. And she said, ‘I’m going to nominate you, and I want you to call your dad and tell him that you’re going to be a District Court judge and that I’m looking forward to meeting him.’”
Fama’s love for hoops
Fama played basketball for Suffolk and even had plans to play overseas, but ended up going to law school. He also coached his kids in the past. Since last year, he has been the assistant men’s basketball coach at Gordon College. Fama was unsure if he could continue when he moves from the private sector to a very public job, but in another conversation with Healey, who used to play basketball during her time at Harvard, she assured him that he doesn’t have to give up coaching.
“One of the things that was really nice was that she had said that she doesn’t want me to have to give that (coaching) up if I don’t have to, because it’s always good to keep your face in the community, and continue to help,” Fama said.
Tod Murphy, a former NBA player for the Minnesota Timberwolves and the current head coach at Gordon College who offered Fama the position of assistant coach, said that he had a “great basketball mind,” and that his ability to practice law and be a coach at the same time is impressive.
“I know the amount of time he puts in his job as a lawyer, which is why it always amazes me that he comes to as many practices as he does because… he just loves working with the young players, and they all love him,” Murphy said.
I know the amount of time he puts in his job as a lawyer, which is why it always amazes me that he comes to as many practices as he does because…he just loves working with the young players, and they all love him
Tod Murphy, former NBA player for the Minnesota Timberwolves and current head coach at Gordon College
His motivations
Aside from Kennedy and Murphy, another person who saw firsthand Fama’s hard work on his road to becoming a judge, as well as balancing fatherhood and coaching, is his daughter Jillian.
“He’s worked so hard over the years, just doing everything for us,” Jillian said. “Everything he’s worked so hard for it’s all coming out now. We’re just so proud of him. It’s all coming full circle now.”
Fama had hoped to become a judge for some time now. Kennedy suggested that Fama apply for the position while Charlie Baker was governor, but he did not get the job. He said that his ultimate motivation for wanting the job is the ability to help more people.
“On a day-to-day basis, I can really only help one person as a lawyer because I go to court with one person,” Fama said. “But as a judge, I think I can identify and help more people on a day to day basis.”
Fama did not eliminate any possibility of going back to the private sector.
“At this point right now, I want to just start doing what I’m doing with this new adventure, new chapter, and do it well,” Fama said. “Maybe afterwards I will go back. I don’t know. I mean, I would never say no. Never say never right?”