Governor Francis W. Sargent yesterday nominated Robert Baucher, professor of Law, as an Associate Justice on the Massachusetts Supreme Court.

Braucher, a registered Republican, was hesitant to make any statements concerning his judicial philosophy. "I guess the best procedure to follow in this kind of situation is to be judiciously silent," he said.

Former Governor Foster Furcolo, a Democrat, had been mentioned as a likely candidate for the appointment.

Regret

Braucher yesterday expressed regret about leaving Harvard. "There's going to be a little trauma. It's exciting and frightening, but certainly I'm not going away mad," he said.

Braucher's nomination will now be submitted to the Governor's Executive Council, which must confirm all gubernatorial judicial appointments. The Governor's press secretary described the procedure as "generally routine in nature."

Braucher replaces Justice Paul G. Kirk '26, who is retiring from the bench after 24 years. Kirk's resignation takes effect on January 31, 1971.

After attending Haverford College, Braucher graduated from the Law School in 1939. He went into private practice until 1946, when he returned to the Law School to teach courses in contracts and commercial transactions.

Last year he was appointed chairman of the National Commission on Consumer Finance by President Nixon.