Lack of Experience an Issue for Governor’s Council Noms
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Lack of experience is an issue for many nominees for the bench.
This is a comment I often hear from the people of District Two
When you consider a court such as the District Court or the Superior Court where the issues brought before it are so varied, it may be hard to imagine how anyone could have experience in all those matters. Criminal cases, civil cases, drugs, violence, financial disputes, the list goes on.
When speaking to the residents of District Two I have been impressed with the number of people that tell me that they do have the experience that is sought. Furthermore they have also expressed an interest in becoming a judge.
Given the quality of the people that I have met in District Two I have to wonder why so many nominees that receive a nomination appear to lack the experience desired.
In criminal matters many nominees have only seen one side of that issue, either solely the prosecution or solely the defense. Furthermore as attorneys move up in the public sector they tend to focus on a specific issue rather than working with several different issues. They may focus on drug crimes, sexual crimes, violence crimes, etc. So their experience is limited not only to the side they represent but also the types of cases they have experience with.
Seeing a nominee with a wide breadth of experience is rare, even though there are plenty of people with exactly these professional experiences.
When I speak with people of District Two that have the experience to be a good judge I am always disappointed to hear their reluctance to apply for a position. They always cite the view that in order to become a judge you have to already work for the state or donate money to the right people.
I always try to dispel l people of this rather negative notion, but it is hard to do when about 75 percent of the nominees are already employed by the state.
Unfortunately even when a nominee lacks the well rounded experience that should be expected, there are claims that they are none-the-less well qualified.
If there is anything you would like to know about the Council please feel free to contact me at
patrickmccabegovernorscouncil@gmail.com
Patrick McCabe is a candidate for the Governor's Council in District Two
Jerry Chase
7:38 pm on Thursday, June 21, 2012
Is there a more ideal "hack" job than being on the Governor's Council? Seriously.
Patrick McCabe
10:30 pm on Thursday, June 21, 2012
Jerry I don't quite get the point of your comment.
Any government job can be viewed as a hack job, if that is your point, then yes the Governor's Council is a hack job.
However I'm concerned when people claim that the Governor's Council has no value. What would people prefer, that we have absolutely no say in the quality of nominees that become judges?
As it is Massachusetts citizens have the least input of any state in the country with regard to the Judiciary.
Half the states election their judges, the other half have a process that is much more open and transparent than ours.
Certainly the council could be improved, and I believe that by discussing the issues that the council faces is a start.
Patrick McCabe
Candidate for Governor's Council District Two
PatrickMcCabeGovernorsCouncil.com.
Jerry Chase
2:54 pm on Friday, June 22, 2012
OK, Pat. I concede. Yes, the voters should have some
say on their judges. But what kind of judges will we
continue to get when the legislature has an exceedingly
low turnover rate, and they average 81% Democrat?
Are the minutes of the Mass. governor's council public
documents? Has there ever been a case in which a
name is presented to be considered by that body for a
judgeship that ever gets rejected? Has it ever happened?
I doubt it, because my hunch is that the name would
never be allowed to be "presented". I can't prove myself
right on this, but neither can my suggestion be proved
false . . . . all because the citizenry does not know. BTW,
does the Open Meeting Law apply to the governor's council?
Why is my small bet on the negative on this one? Sure, I'm
a bit cynical; but I also have a fine-but-not-complete
understanding of how things really work in Mass. gov't.
And, I have to ask if other nearby states have such
bodies as "governor's councils".
Patrick McCabe
3:53 pm on Friday, June 22, 2012
Jerry
No nominee has actually lost on a vote.
When a nominee is presented and it becomes apparent that they don't have the votes, then the nominee is withdrawn.
I'm pretty sure the open meeting law does apply to the Governor's Council, but certainly not the Judicial Nominating Commission.
I'm not suggesting you are wrong in being cynical, if you knew what was actually going on you would realize its probably worse than you think, however I believe there is a way forward and that's what I'm working on.
I could be wrong I could be overly optimistic, but It can't hurt and it should be an improvement.
Patrick
paul
3:11 pm on Monday, June 25, 2012
I have been on jury duty 8 times in the last 24yrs and have seen 8 different judges. Every courtroom is the same with poor clients, that have court appointed lawyers and the cases are all pre-determined. Divorce court is the same with the wife always getting custody. Why do we need a Governor's Council for Kangaroo courts?
Patrick McCabe
3:30 pm on Monday, June 25, 2012
We need a Governor's Council or some group of people responsible to the citizens of the commonwealth to keep these people in check.
Certainly the courts should not appear as kangaroo courts. Sometimes it does appear that way as they go through the motions required by the process. However all to often justice is not being served.
I would point out the whole process is not just the courts doing. The prosecution is led by the District Attorneys office, which itself is an elected position.
Taryn Thoman
5:19 pm on Sunday, August 12, 2012
Hope this isn't a totally dead thread, but I would also like to know if gov council meeting minutes are public documents. Thank you.
Patrick McCabe
11:34 pm on Sunday, August 12, 2012
They are public documents. Their meetings and hearings are also public.
Taryn Thoman
9:31 am on Monday, August 13, 2012
Thank you. Would you be kind enough to direct me to location posted?
Patrick McCabe
3:36 pm on Monday, August 13, 2012
They are not posted on the web, you would have to go to the Statehouse and speak with the Governor's Council Secretary.
I am posting the audio of recent meetings and hearings on my site:
PatrickMcCabeGovenorsCouncil.com
Taryn Thoman
6:18 pm on Monday, August 13, 2012
That's great, thanks!
I'm specifically interested in the questioning of Judge Barbara Lenk by councilor Charles Cipollini. Do you happen to have that one? Thanks again.
Patrick McCabe
9:32 pm on Monday, August 13, 2012
I do not have recordings of the Lenk hearing.
There are plenty of them around as there were many reporters there.
This is one of the reasons I am trying to post the hearings.
The Lenk hearing was fascinating for a variety of reasons, however the reporting in the media was something else.
Sorry I couldn't be of more help.
Taryn Thoman
10:28 pm on Monday, August 13, 2012
You've been very helpful, Mr McCabe. I'll contact the GC secretary tomorrow. Thanks again.