Brianna Owen

Introduction

John A. Agostini was born in 1953 (Lenox Library 2016). Agostini spent his early years in Williamstown and later attended Williams College (Lenox Library 2016). During a recent lecture series at the Lenox Public Library, it was noted that at Williams College Agostini majored in Physics and Astronomy during his undergrad and shared a passion for sports. While at Williams College, Agostini played football for the varsity team (Lenox Library 2016). Following his Williams College graduation, Agostini attended law school (Lenox Library 2016).

Early Life and Education

His career began to take off after law school when he started working for the Berkshire County District Attorney’s Office from 1979-1982 (Lenox Library 2016). The same year he left the Berkshire County District Attorney's Office he started practicing civil litigation for the law firm Cain Hibbard (Lenox Library 2016). He spent twenty years with Cain Hibbard and was later elected to be a member of the American College of Trial Lawyers (Lenox Library 2016). The American College of Trial Lawyers is an association made up of notable trial lawyers from the United States and Canada (American College of Trial Lawyers 2018). Their mission statement emphasizes they, “The College maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on important legal issues relating to its mission” (American College of Trial Lawyers 2018). This milestone is notable because he was one of two lawyers in Berkshire County to be elected to the American College of Trial Lawyers (Lenox Library 2016). In 2002, Agostini was appointed by the governor Jane Swift to be a Superior Court Justice for Berkshire County (Lenox Library 2016). 

Judicial Career

	Agostini started his career after law school working for the Berkshire County District Attorney’s Office from 1979-1982 (Lenox Library 2016). After Agostini’s time working for the Berkshire County District Attorney’s Office, he worked in the private sector focusing on civil litigation for Cain and Hibbard (Lenox Library 2016). Cain and Hibbard is a law firm that deals with real estate and environmental law, commercial and general civil litigation, health law, employment law, intellectual property, technology & internet law, domestic relations, business & banking, and nonprofit law and is home to Williamstown (Attorneys in Pittsfield, Great Barrington, Williamstown MA | Cain Hibbard 2015). After twenty years of employment with Cain and Hibbard, Agostini was appointed by Governor Jane Swift to be Berkshire County’s Superior Court Justice (Judicial Nominating Commission, Mass.gov). 

In Massachusetts, the Judicial Nominee Committee (JNC) consists of 21 volunteers appointed by the governor and seek applicants who they believe are qualified to state Justices (Judicial Nominating Commission,Mass.gov). This process preserves the system of choosing justices and leaves it up to a well-merited committee rather than one individual. Agostini was appointed in 2002 to be a Superior Court Justice in Berkshire County (Lenox Libary 2016). One of Agostini’s most high profile cases took place in 2017 involving the Berkshire Museum in Pittsfield, MA (Edge Staff 2017). The conflict was whether or not the Berkshire Museum was able to auction off pieces of donated art to make the museum more sustainable and get the museum out of an ongoing deficit (Jones 2017). The Massachusetts Cultural Council and Attorney General Maura Healey argued that the sale of the art was a violation of public trust because it violates the intentions of the artists that donated and the purpose of the museum (Jones 2017). The biggest piece being sold was known as “Shuffleton’s Barbershop” by Norman Rockwell with an estimated value of twenty to thirty million dollars (Jones 2017). The intention of the donated art pieces by Stockbridge local artist Norman Rockwell was to serve the museum and their orginal vision (Jones 2017). The Boston Globe emphasized, “Public museums are not private businesses, owned by their trustees. They are public trusts, nonprofits supported in large part by donations and tax-deferred public dollars. They fall under the laws governing public charities, which is why Healey’s office has gotten involved” (Jones 2017). Berkshire County Museum argued backing emhpasizing they were in a deficit for years ranging close to one million dollars (Jones 2017). In efforts to increase economic stability, the Museum tried to merge with another local museum and the offer was declined (Jones 2017). Berkshire Museum stated they needed sixty million dollars to keep the museum economically stable and to help move from natural history and art to mostly science and history to attract more tourists, this transition was referred to as their “new vision” (Jones 2017). This case was examining whether or not Museums are allowed to change their founding mission (Jones 2017). A local paper, The Berkshire Eagle, stated: “The case has drawn national attention and is considered precedent-setting because it may be the largest such deaccession to date in the museum world in which proceeds would be applied in large part to operational expenses” (Parnass 2017). In Justice Agostini’s twenty-five page decision he denied the Plaintiffs’ Motion for Preliminary Injunction and ordered that the donors of the art are dismissed from further action due to lack of standing to challenge the how the trustees manage the museum (Edge Staff 2017). In other words, he allowed for the auction to go forward so the Berkshire Museum could stay open and move forward with their plans of the new vision (Jones 2017). According to the Berkshire Eagle, a local newspaper, “Agostini concedes that his finding means that timeless works by an iconic, local artist will be lost to the public in less than a week's time. He continues, no doubt many will be disappointed in this outcome, and they may take little comfort knowing that, in their loss, the rights of a charitable board to make thoughtful decisions to steer its charity through troubled times have been vindicated” (Parnass 2017).

Awards and Honors One year after being appointed, in 2003 Agostini was given the Faith Scarborough Community Service Award at a Williamstown Town Meeting (iBerkshire News 2003). iBerkshires, a local online news outlet for Williamstown natives, mentions Agostini’s noble time in the legal field but also his commitment to the community (iBerkshire News 2003). During the award ceremony, Agostini’s position as Co-chairman to the Mount Greylock Community Spirit Fund was recognized along with his commitment to helping raise money for new soccer and football fields (iBerkshire News 2003). Additionally, Agostini was a part of the Town Committee but needed to resign to take on his role as a Superior Court Justice, however, he still participated in little league coaching for the Williamstown Babe Ruth League (iBerkshire News 2003).

Publications Aside from Agostini’s career as a Justice for the Berkshire County Superior Court, he is also the author of several articles published by the Massachussetts Continueing Legal Education Inc. (MCLA 2017). His most known articles being Third-Party Damages which was published in 2015, Slip, and Fall which was published in 2017, and Tort Law Attorney Fees in Litigation in Massachusetts which was published in 2017 (MCLA 2017). All of his articles are available to buy on the Massachussetts Continueing Legal Education Inc. web page. In addition to Massachusetts Contiueing Legal Education Inc. publishing articles written by him, he was also one of twenty authors to write the book Damages, Interest, and Attorney Fees in Massachusetts Litigation: The Massachusetts litigator's comprehensive guide to recovery which was published in 2017 (MCLA 2017).

Work Cited “Agostini Receives Scarborough Award.” IBerkshires.com | YOUR COMMUNITY - YOUR NEWS, iBerkshire, 6 June 2003 American College of Trial Lawyers. “About ACTL.” The American College of Trial Lawyers, 2018 “Attorneys in Pittsfield, Great Barrington, Williamstown MA | Cain Hibbard.” Cain Hibbard | Pittsfield, Great Barrington, Williamstown Lawyers, 2015 Edge Staff. “Judge Denies Injunction in Berkshire Museum Case.” The Berkshire Edge THEATRE REVIEW Speech Debate at Barrington Stage Is Sheer Fun Comments, 8 Nov. 2017 Jones, Gillian. “There's More at Stake in the Berkshire Museum Case than a Single Museum - The Boston Globe.” BostonGlobe.com, The Boston Globe, 4 Dec. 2017 “Judicial Nominating Commission.” Mass.gov, Mass.gov Lenox Library. “The Honorable John Agostini on the Challenges of Judicial Judging.” Lenox Library Association, 4 Nov. 2016, MCLA. “MCLA Article Search .” Massachussetts Continueing Legal Education Inc., 2017, pp. 1–1. Parnass, Larry, and Berkshire Eagle. “Berkshire Museum Cleared to Sell Artworks at NYC Auction.” The Berkshire Eagle, 7 Nov. 2017

John Agostini

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