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Contact: Julia Huston, WBA
President
Is Your Governor’s Councillor Representing You? Lessons from the Botsford Confirmation Hearing
Published in Massachusetts Lawyers Weekly, October 1, 2007
On behalf of the Women’s Bar Association, we congratulate Justice Margot Botsford on her recent confirmation to the Supreme Judicial Court. Justice Botsford has served the Commonwealth with great distinction in the Superior Court since 1989. She is well-regarded for her sharp legal acumen, professional temperament, and facility in communicating with litigants, law clerks, lawyers and members of the public. Her record demonstrates that she is a jurist who adheres to the rule of the law, carefully and critically renders decisions, and administers criminal sentences fairly and impartially, while treating those who appear before her with dignity and respect. In addition to being a hardworking and dedicated jurist, Justice Botsford is a former member of the WBA Board of Directors. In that role, as on the bench, she devoted her time and skills to the legal profession.
As an organization whose goal it is to ensure that qualified women are appointed and elected to public office, we write to address Justice Botsford’s qualifications and the important role of the Governor's Council in confirming judicial appointments in Massachusetts.
At Justice Botsford’s confirmation hearing before the Governor’s Council, an allegation was made that Justice Botsford was “soft on crime” and therefore unqualified to sit on the Supreme Judicial Court. Unfortunately, “soft on crime” has become a simplistic and often inapt slogan that is repeated like a mantra by people who all too often lack a fully informed understanding of our legal system, the rehabilitative as well as punitive aspects of criminal justice, and the role of sentencing recommendations. In any event, we believe that Justice Botsford’s record persuasively rebuts this allegation, as did the numerous law enforcement professionals who testified on her behalf.
A majority of the Governor’s Council rejected the ill-founded “soft on crime” attack, recognized Justice Botsford’s outstanding qualifications, and confirmed her to the Supreme Judicial Court. The Governor’s Council members who voted in support of Justice Botsford’s confirmation are Kelly A. Timilty (Second District), Christopher A. Iannella (Fourth District), Michael J. Callahan (Sixth District), Thomas J. Foley (Seventh District), and Thomas Merrigan (Eighth District). The Councillors who voted against Justice Botsford’s confirmation are Carole A. Fiola (First District), Marilyn M. Petitto Devaney (Third District), and Mary-Ellen Manning (Fifth District).
The controversy surrounding Justice Botsford’s confirmation highlights the importance of the Governor’s Council. Many people do not understand how the Governor’s Council operates. The Governor’s Council is a publicly elected body of eight individuals, plus the Lieutenant Governor who serves ex officio. The Council is charged with a Constitutional obligation to render advice and consent to the Governor on various matters, including the nomination of judges, clerks, and other officers of the court. Each Council member is elected from one of eight districts in the Commonwealth, and serves for a term of two years.
Your Governor’s Councillor should represent you. If your Councillor does not represent your views, or is not taking what you believe to be an appropriate view of what qualifications a judge should have, you should let him or her know. You might consider supporting a different candidate in the next election, or even running yourself. To learn which Governor’s Councillor represents you and your district, and for contact information, go to www.womensbar.org/wba/governorscouncil.aspx.
The WBA is an organization composed of nearly 1,400 members of the legal community, whose mission is to advance the full and equal participation of women in the legal profession and in a just society. One of our goals has been to ensure that qualified women have the opportunities to participate in public service through nominations and elections. Indeed, a more equitable society depends on the appointment and election of individuals who reflect the diversity of the Commonwealth while embodying the highest standards of excellence. We should all raise our voices—as lawyers and voters—in the service of this important goal. Julia Huston, President
Kathy Jo Cook, President-Elect |
