Worcester Legal Aid lawyer backed for Probate and Family Court judgeship

BOSTON — The Governor’s Council confirmed two nominees to the Probate and Family Court and two to the District Court on Wednesday, Oct. 1, in a move that will pull the acting chair of the Massachusetts Parole Board and Wrentham District Court’s assistant clerk-magistrate from their existing posts.

Councilors unanimously confirmed New Bedford-based attorney Timothy Horan and Worcester community legal aid attorney Lyonel Jean-Pierre Jr. to Probate and Family Court judgeships — additions that bring Gov. Maura Healey’s Probate and Family appointments to a total of 16.

Horan has owned a general practice law firm in his name for nearly nine years that handles probate and family law matters, criminal, civil and administrative litigation, estate planning and personal injury. For more than 12 years, he was a partner at Horan McLean & Horan. He previously worked as a health care fraud investigator and prosecutor at the Division of Professional Licensure, and as an advocate and analyst for the Bristol County District Attorney’s Office.

Probate and Family Court Judge Kimberly Moses testified in support of Horan in September, when she told councilors that Horan was “uniquely suited” to serve on the court due to his professionalism and empathy.

“He understands the importance of family, the complexity of relationships and the delicate nature of the decisions before our court,” Moses said.

Jean-Pierre Jr. has been working in Worcester for Community Legal Aid, a free civil legal aid provider in Central and Western Massachusetts, since 2022 as managing attorney.

“No task is too small or too large for Lyonel,” CLA Executive Director John Mannina said during September testimony, adding that Jean-Pierre Jr. “understands the stakes are incredibly high for all the litigants, regardless of what side they’re on, what position they take, where they come from.”

After receiving a law degree from the Cardozo School of Law at Yeshiva University, Jean-Pierre Jr. was a fellow with Prisoners’ Legal Rights. He spent nine years as a staff attorney with CLA and two years at a private firm before spending four years as a clinical instructor at the Harvard Legal Aid Bureau.

Councilors also confirmed acting chair of the Massachusetts Parole Board Tonomey Coleman and Assistant Clerk-Magistrate of Wrentham District Court Mark Fabiano to District Court judgeships Wednesday. The confirmations occurred shortly after their respective hearings earlier the same day.

Six of the seven councilors present Wednesday voted to appoint Coleman and Fabiano. Councilor Tara Jacobs, who voted “present,” said her choice was not a reflection of the candidates but of the process. Councilor Eunice Zeigler was not in attendance Wednesday.

“I think he is a fantastic nominee, he is going to serve well on the District Court, I am sure,” Jacobs said of Coleman. “However, I cannot vote positively for him today because I oppose this trend that has happened lately of us voting immediately after a hearing on a nominee.”

Coleman became acting chair of the Massachusetts Parole Board in June after serving as a board member since early 2013. He has conducted parole hearings, helped make parole determinations and made recommendations to the governor about pardons and commutations while in that role.

Suffolk County Supreme Judicial Court Clerk Allison Cartwright testified on Coleman’s behalf Wednesday. The two have known each other for more than 30 years dating back to meeting at Boston College Law School, Cartwright said, calling him “a man who simply gets it when it comes to the intersection of law, humanity, community and dignity.”

“Whether in state court or federal court, Tonomey earned a reputation as a strong, meticulous, highly regarded advocate,” Cartwright said, referring to Coleman’s experience working as a bar advocate.

Coleman has been on the governor’s Task Force on Hate Crimes since 2019 and was president of the Massachusetts Black Lawyers Association from 2001 to 2002. After working four years as a partner at Cartwright & Coleman and more than two years as an associate attorney at Fitzhugh & Associates, he worked for 12 years as a criminal defense attorney.

Fabiano, also confirmed to the District Court on Wednesday, has been assistant clerk-magistrate of the Wrentham District Court for six years, where he has presided over small claims cases and evaluates criminal complaints. He was a partner at Norwood-based Fabiano Law Firm for almost eight years.

First Justice of the Wrentham District Court Thomas Finigan testified on behalf of Fabiano, telling councilors that he “was always struck” by Fabiano’s patience, understanding and “unflappable nature.”

“Mark has an uncanny ability to diffuse high-stress situations even when delivering decisions that may not be favorable,” Clerk-Magistrate of Wrentham District Court Pamela Gauvin-Fernandes added during separate testimony.

Before entering private practice as a partner at Bolio & Fabiano in 2006, Fabiano worked as an assistant district attorney in Norfolk County between December 2002 and July 2006. Fabiano prosecuted serious felony cases during that time and worked as the supervising assistant district attorney in the Wrentham and Dedham district courts.

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