Gov. Baker has a ‘rare, historic’ chance to reshape the state’s courts
Over eight years in office, Gov. Deval Patrick got the opportunity to nominate five justices to the Supreme Judicial Court.
Now, just one year into Gov. Charlie Baker’s term, he faces the challenge—and opportunity—of nominating five judges by next year.
“I can’t stress the importance of how much of an opportunity the governor of Massachusetts has to shape an entirely different branch of government,’’ said Martin Healy, chief legal counsel of the Massachusetts Bar Association. “That doesn’t come down the pipe like this all the time.’’
In the past week, three of the seven justices on the SJC announced their plans to retire from the bench later this year. Two other justices, Geraldine Hines and Margot Botsford, will reach the mandatory retirement age of 70 in 2017.
Those departures give Baker a chance to remake the court rapidly. As such, Baker appointed a special 12-member commission to vet candidates for the positions and offer recommendations to Baker.
“[The retirements are] an unprecedented event. What we’re seeing unfold here is history,’’ Healy said. “This is truly one of those rare, historic occurrences where you’re seeing the volume of judges leaving in such a short time frame.’’
Former SJC justice John Greaney agreed that this was a rare moment.
“This would be the equivalent in a way of the U.S. Supreme Court having five vacancies, which also is basically unheard of,’’ Greaney told MassLive.
Baker told MassLive he does not have a “litmus test’’ for a nomination.
“My goal is you put somebody on the SJC, you want to put somebody up there who is extremely smart, extremely capable, wildly well respected by their peers in the bar, and somebody who you believe will exercise the right judgment when it comes to the facts and the law when they make decisions,’’ Baker said.
The process of appointing the justices will have to move swiftly, as the three replacements are needed by the beginning of next session in September. Healy said he expects Baker to publicly announce a selection by early summer.
The nominees would then be the focus of public hearings before the Governor’s Council, an eight-member body of elected individials from districts across the state. A majority of their support is needed to complete the nomination.
“What it means for the governor is he’s got the ability to shape state government and policy for decades to come,’’ Healy said. “His influence on the third branch of government will be felt long after he’s done serving as governor.’’
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