The increasing need for space in the Pemberton Square Court House eventually led to the construction of the "New" Suffolk County Court House in 1936-1939. As early as the mid-1920s, there was talk of expanding the existing Court House to meet the ever-growing needs of the judiciary. Many plans were suggested, all trying to accommodate the needs of the courts and other offices in the building. The Great Depression however, slowed down all new construction work in the early 1930s. It was the Federal Emergency Administration of Public Works that eventually took charge of the construction as Project Massachusetts 1142-RS.

The architectural firm of Desmond & Lord designed an Art Deco tower that would sit next to the "Old" Court House and be attached through several connecting layers. For a while, there were fears that the Tower would overshadow the dome of the State House, until then the highest building on Beacon Hill. But the Tower was built and the courts moved in during 1939, just as the United States was nervously watching the outbreak of World War II.

"Does Massachusetts Want the Suffolk County Court
House to Dwarf the State House?" was the caption of a 1928 picture in the Quarterly that illuminated he impact of several architectural plans on the Boston skyline. (Flat Justitia, "A History of the Massachusetts Bar Association 1910-1985)