Scott looks for support for bill

Date: 3/24/2009

By G. Michael Dobbs

Managing Editor



HOLYOKE -- Holyoke Police Chief Anthony Scott is hoping his colleagues and the public across the Commonwealth will show their support for three pieces of legislation that he believes will aid law enforcement and put citizen input into the judiciary system.

As of Friday, though, Scott hadn't received any messages of support.

State Sen. Michael Knapik filed the three bills. The first is to establish what Scott has long advocated -- a means by which the voters can voice their opinion about whether or not a judge should be allowed to stay on the bench.

Scott told Reminder Publications that he doesn't agree with critics of the plan who contend it would politicize the selection of judges.

"Most [of the candidates for judicial appointments] are using politics to get nominated and appointed," Scott said. "If they are saying otherwise, they're lying. It's politics to begin with."

Under Scott's plan, the selection and appointment of judges in Massachusetts would not be altered -- the governor would still select nominees who would be confirmed by the Governor's Council. The difference is that after six years, a judge would be subject to an election in which the voters would determine if he or she would be retained.

The bill reads, "All judicial officers, duly appointed, commissioned and sworn, shall hold their offices for a period of six years. After the expiration of the initial six-year term, the judicial officers, if he or she chooses, shall have his or her name placed upon the ballot in the county where they have been seated for the majority of six years for a vote of affirmation. If the judicial officer chooses not to place his or her name on the ballot his or her term shall immediately end and he or she cannot be considered for appointment to any judicial positions.

"If the judicial officer s name is placed upon the ballot and received a majority of all votes cast he or she shall be reappointed for an additional six year period. If the judicial officer fails to receive a majority vote he or she shall not be eligible for reappointment to any judicial position."

The legislation would require the clerk magistrate in a county to publish a judge's sentencing and bail setting record on all FBI Part 1 offenses -- aggravated assault, forcible rape, murder, robbery arson, burglary, larceny-theft and motor vehicle theft -- in all newspapers in the county as well as listed on public access television three weeks before the election.

If passed, the amendment to the state s constitution would require all current judges to undergo the affirmation process.

Scott had the legislation filed five years ago. He recalled that in the hearing process he was the only person to testify on its passage while there were 15 to 20 who testified against it. The bill was killed.

The other two bills also tighten the current laws concerning people who fail to come to court.

The second would amend Section 82A of chapter 276 of the General Laws to read "Whoever violates this section on three or more occasions by failing to appear in court to answer for an misdemeanor offense shall be punished by a fine of not more than $50,000 and imprisonment in a state prison for not more than five years or a house of correction for not more than two and a half years, or by both such fine and imprisonment."

The third would amend Section 58 of Chapter 276 of the General Laws to eliminate presumed personal recognizance for those who failed to appear in court on one or more occasion.

"I wish to personally commend and thank Sen. Knapik for filing this legislation on my behalf and for his support. I believe that the Judicial Certification bill is supported by the Massachusetts Constitution," Scott said.