Legislators call for Western Mass. representation on SJCDate: 10/7/2020 WESTERN MASS. – With two seats on the Massachusetts Supreme Judicial Court in need of filling, area legislators sent a letter to Gov. Charlie Baker asking him to keep Western Massachusetts candidates in mind.
“It is crucial to our constituents, and to all of Massachusetts, that our highest judicial body fairly represent the entire citizenry of our Commonwealth,” the letter read, in part.
Baker will have nominated each member of the Supreme Judicial Court once the seats of Justices Ralph Gants, who died in September, and Barbara Lenk, whose retirement is pending are filled, explained Second Hampshire District state Rep. Dan Carey, who co-authored the letter with state Sen. Jo Comerford.
In addition to Carey and Comerford, the letter was signed by 16 other state representatives and state senators from Hampden, Hampshire, Franklin and Berkshire Counties, including state Sens. Eric Lesser, John Velis and Adam Hinds and state Reps. Jose Tosado, Aaron Vega, Lindsay Sabadosa, Michael Finn, Brian Ashe, Joseph Wagner and Nick Boldyga.
“It came together through conversations with Jo Comerford and many colleagues jumped on board quickly and that was great to see,” Carey said.
None of the current justices are from Western Massachusetts.
“It’s always important to have fair representation and the biggest part of my job is reminding Boston that we are here,” Carey, representing the Second Hampshire District, said. “Historically, Western Mass. has had representation in the court with as many as three justices not long ago, but we have had no representation for some time now. This could be the makeup of the court for the next decade and decisions they make are going to impact the entire state.”
Velis, representing the Second Hampden and Hampshire District in the state Senate, authored a similar letter as a state representative in 2016 before Gov. Baker nominated Justice Frank Gaziano and said he was happy to join legislators in this similar effort.
He and other legislators told Reminder Publishing that while the position requires an objective approach to determinations on law and constitutional issues, having the perspective of a Western Massachusetts resident on the court was important due to stark differences in economy and culture.
“It’s critical,” Velis said. “In life, we tend to look a the world through the lens that we have. The issues are different for us – transportation and criminal law for example – and it’s important to have the perspective of someone who calls Western Mass home in that court.
“One of the most frustrating things is the fact that my friends and colleagues [in the Legislature] have no idea how different Western Mass. is. When you get into the Boston-centric areas, it’s like a different country and it’s a dangerous assumption that someone not from this area would be able to truly appreciate the issues that are important to us,” he continued.
Carey added, “Their decisions are going to affect everyone in the state and the issues will originate from every corner of the state … It’s crucial to make sure the court has a clear understanding of what affects us in Western Massachusetts.”
As the state’s top court, the body has the power and influence to make changes that could have wide-reaching impacts, said Lesser, who represents the 1st Hampden and Hampshire District in the state Senate.
“Any decision that gets to the Supreme Judicial Court is not an easy decision or a matter of settled law. It is often a novel issue or new question, so in reality, the SJC is a policy-making body and their decisions have consequences for the entire state. As a result, we should have a court that is reflective of the state,” he said. “The challenge with the legal community is that while we have attorneys who are as talented and capable as any in the state, they are not in the capitol or in the mix in Boston, so they are passed over or not noticed. It is my job to lift up those voices and those candidates.”
Sabadosa, representing the 1st Hampshire District in the House, said, “I think the question should be the other way around – it isn’t how this benefits Western Mass.; it’s how it benefits the court. We’ve seen over the years that a wider range of experiences and backgrounds gives the court different perspectives on the nuance and understanding of issues. While, yes, the justices are giving objective opinions, having that regional diversity can create the benefit of better understanding. Regional diversity is important in that regard and these appointments will have implications for decades to come.”
Lesser added that Western Massachusetts constantly has to fight to ensure their voices were heard in Boston.
“It’s an uphill struggle and one we have talked about for years. Massachusetts is unique in that the state’s population, financial, media and political centers are all in the same place,” he said, pointing to New York, California, Texas and Vermont as states in which population centers and state capitols differ. “A big part of my job is to sound the alarm, so to speak, for Western Mass. Just as the governor’s cabinet and the legislature should have Western Mass. representation, so should the court.”
Boldyga, representing the 3rd Hampden District in the House, said attorneys and judges from Western Massachusetts have expressed interest in the position.
“While the position is sitting on a bench and reviewing laws and determining the constitutionality of things, we feel it’s important that Western Massachusetts is represented,” he said. “There are great attorneys and great judges here in Western Massachusetts who should have the opportunity.”
Fifth Hampden District state Rep. Aaron Vega said in a statement, “I feel it is important to continually advocate for Western Massachusetts when it comes to [these] appointments. This is also a great example of how the Western Massachusetts delegation works together to support our communities.”
The bipartisan effort by Western Massachusetts legislators was not uncommon or surprising, according to Carey.
“With so many issues we face, we have to band together because we are so underrepresented, even in the Legislature,” he said. “We work very well together out here in Western Massachusetts because we need to make sure our voices are heard. It’s something I learned very quickly during my first term.”
Tosado, Finn, Ashe and Wagner did not respond to requests for comment.
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