Massachusetts' highest court benefits greatly from having a diverse panel of judges, including members representing all regions of the state, says John M. Greaney, a retired Supreme Judicial Court judge from Westfield.
SPRINGFIELD - Massachusetts' highest court benefits greatly from having a diverse panel of judges, including members representing all regions of the state, says John M. Greaney, a retired Supreme Judicial Court judge from Westfield.
"I think it's very important to have as much diversity on the SJC as possible," said Greaney in an interview on Thursday. "That includes regional diversity."
Greaney, who retired in 2008 and now works as senior counsel at the Springfield law firm of Bulkley,Richardson & Gelinas, joins a chorus of legislators and legal representatives who have been voicing the need to ensure at least one member of the seven-member high court comes from the state's four western counties.
The bar associations of Hampden, Hampshire, Franklin and Berkshire counties have been lobbying Gov. Charlie Baker to nominate a Western Massachusetts candidate to the Supreme Judicial Court.
Baker this summer will have the unprecedented opportunity to nominate a fifth judge to the SJC with the upcoming retirement of Judge Geraldine Hines when she reaches the mandatory retirement age of 70. Over the past two years, the governor has appointed four judges to the high court, one of whom took the seat held by Judge Francis X. Spina, of Pittsfield, who retired last year. Typically, governors have had one or perhaps two SJC appointments to make during their time in office.
While Greaney stressed he would not personally ask the governor to nominate a judge from Western Massachusetts, he said he believes regional diversity should be considered as Baker weighs his nominees.
"I think there are several reasons why this region should have judge," Greaney said."It is a distinct region and, whether you call it WestMass or Western Massachusetts, it has been recognized as such for a long period of time."
He pointed out the existence of Western Massachusetts offices operated by both the governor and attorney general as demonstrative of how the region is regarded as a distinct area of the state with its own issues and concerns.
"Secondly, there has been a tradition of having judges (from Western Massachusetts on the high court)," said Greaney, referencing one of his predecessors, Francis Quirico, himself and Spina, with whom he served.
In addition to serving as the highest appellate court for the state, the SJC also has administrative and other duties in which regional concerns are routinely addressed, said Greaney.
"The SJC has a supervisory role in the administration of power over the entire court system of our state," he aid. "We used the to meet very frequently to discuss issues together with the chief judge of administrative management, who runs day to day administration of courts. From time to time, we would agree to do something either in operation of the courts, staffing or technology abilities, and (Judge) Spina and I would have to say that what we were proposing (didn't) fit parts of western Massachusetts or that we would have to make certain adjustments to get it done so all courts have what we are proposing to do."
"The present composition of the court is all Boston centric, except for (the most recent appointee) Judge Elspeth Cypher who is from the New Bedford region," Greaney said. "The citizens here in Western Massachusetts and their confidence in government would be strengthened a bit when they see a voice from here on the third branch of government."
In its role as an appellate court, Greaney added, the SJC has, on occasion, decided cases in which geographical issues have come into play. He noted a case involving school equity that dealt with how children in poorer public school districts were getting inadequate education and what needed to be done to raise them to a higher standard. "In addition to Lawrence (schools), the name Holyoke came up, and that factored into the equation," Greaney said. "Regional issues from time to time do assert themselves into actual cases."
Of Baker, Greaney said, "He's a very competent guy who's done a very good job in not basing any selections to court on political factors or party affiliation. He has recognized diversity in minority representation and other factors. It is just unfortunate there's only seven positions."
Baker's other three appointees to the high court include Kimberly Budd, Frank Gaziano and David Lowy, all of whom are from Greater Boston. Budd is the daughter of Springfield native and former U.S. attorney Wayne Budd but grew up in eastern Massachusetts.
In April, the presidents of the four bar associations sent a letter to Baker urging him for a second time to put someone from western Massachusetts on the high court.
"We cannot ignore that your four recent nominations to the Supreme Judicial Court hail from the eastern part of the commonwealth. In the upcoming months, there will be one more vacancy to fill on the court. We urge you to consider nominating a highly qualified candidate from Berkshire, Hampden, Hampshire or Franklin County," the letter said.
"No one would dispute that different regions of the commonwealth represent different sectors in our society, with differing and rich cultures, values and points of view. In short, one size does not fit all," it added.
The letter was signed by Hampden County Bar Association president Kevin V. Maltby, Hampshire County Bar Association president John E. Garber, Franklin County Bar Association president Timothy J. Flynn and Berkshire County Bar Association president Richard M. Dohoney.