Politics As Usual In Massachusetts Supreme Court Nominations

BOSTON- Massachusetts Governor. Charlie Baker made his nominations official, on June 14, 2016 Baker nominated three Judges to the Supreme Judicial Court of Massachusetts.

Baker nominated Superior Court Justices Kimberly Budd, Frank Gaziano and David Lowy to the state’s highest court.

Justice Robert Cordy announced that he will be retiring in August, and Justices Fernande R. V. Duffly and Francis X. Spina will be retiring in the fall. That left Baker in the position to fill those upcoming vacancies.

Baker surprised most with his nominations. Court watchers expected Baker to nominate candidates with some type of appellate experience. All
three Judges are from the Superior Courts and never held a position in any type of appellate review.

They are respected and capable Judges with a lot of peer support across the commonwealth, but they lack the appellate experience that is needed to make those crucial decisions on the state’s highest bench.

Not one of them has ever been in the position to turn over other judge’s decisions. How will they feel when one of their former colleagues?
case comes across their bench? Will they make the right decision or be affected by their friendships?

They also have never worked with another Judge on a panel. How well will they do working with other Justices? How will they feel having to argue their opinions with other Judges? Usually what t they said in the courtroom went unopposed before. Will they be timid to speak their minds with their senior Justices? How will they feel to have to defend their decisions with the other Justices? These are questions that should not be reserved for such an important position. They are usually reserved for Justices on the Appeals Court.

The Governor’s Council votes on all SJC candidates before they are given the job. They’re the ones that need to ask and ponder these very important questions. There are other questions that need to be asked too.

Is Judge Lowy being given special treatment because he and Baker both worked together under former Governor William Weld in the early 90’s?

What about Judge Budd’s Father Wayne Budd? He also worked under Weld and succeeded him as the U. S. Attorney for Massachusetts. After he left public office, Wayne Budd got involved into politics. He was Campaign Manager for former Mass. Attorney General Tom Reilly.

It begs the question: Do you have to be politically connected to be considered for nomination to the Mass. SJC? It seems that at least two of these picks fall under the Weld umbrella of politics. What kind of message is Baker sending to the other Judges in this state? That you need to be politically connected to get a promotion in this state?

These posts are very important. SJC Justices make new law with their decisions. Instead of Baker Nominating Judges with different backgrounds and bringing different opinions to the bench, he went the partisan way. He made sure that there are Justices on that bench that supported his views and his republican political agenda. He’s making sure there is not three branches of government in this state, but, only two.

We are only left with the hope that the Governor’s council does their job. They need to put politics aside and do what is right for the citizens of the Commonwealth. They need to send a message to the Governor that partisan politics will not play a role on the state’s highest court.

With the uncertainty of the United States Supreme Court, it has never been this important to have a bipartisan SJC. Can You imagine this state turning into Texas or another state in the south? Where they don’t believe in a separation between church and state.

Baker has to have aspirations of higher office. To play to his republican base in the south he needs to be more conservative to prove to them he is their man for the next Presidential election.

He has to see that former Massachusetts Governor Mitt Romney was hurt in his support by the republican south because of his Massachusetts liberal ways. Baker won’t make the same mistake. Massachusetts needs to get ready to be used as a political football over the next few years.

It already started though, on June 14, 2016 when Baker made his nominations to the SJC.