Top judges, including William J. Boyle, the presiding judge at Springfield District Court, praised Gay's nomination.
During a hearing on Wednesday at the Statehouse, Massachusetts District Court Department Chief Judge Lynda Connolly, right, praised the nomination of John Gay, left and seated, as the new clerk magistrate of Springfield District Court.BOSTON – Gov. Deval L. Patrick’s choice for clerk magistrate at Springfield District Court faced some tense questioning on Wednesday, after an assistant clerk at the court contended the nominee played an active role in his illegal lay off nearly a decade ago.
During a hearing that lasted about four hours, members of the Governor’s Council interviewed John S. Gay of Northampton, nominated last week by Patrick to become the new $110,000-a-year clerk magistrate at Springfield District. The council must vote to confirm the appointment.
Gay, 48, has been regional coordinator at the administrative office of the District Court Department for Western Massachusetts since 1994.
Clerk magistrates are in charge of the administration and management of the court. Their duties also include ruling on whether there is cause to issue criminal complaints and holding hearings for small claims and civil motor vehicle violations.
Gay received some strong support at the hearing from the chief judge for the state’s District Court Department, the presiding judge at Springfield District Court and the court’s retired chief judge, but the testimony of the assistant clerk and some sharp criticism from a couple of councilors took much of the attention.
At the hearing, James M. Whalen, an assistant clerk magistrate in Springfield District Court, said Gay was deeply involved with the administration of the court in 2002 when Whalen was laid off in apparent violation of state law. Whalen said Gay should have known the law.
After the hearing, Whalen said Gay had alleviated his concerns with his testimony during the council meeting. He said he would support Gay if his nomination is approved.
In a letter to the council, Whalen wrote that he believed that Gay played an active role in his dismissal, which he said was orchestrated by a former chief judge.
Gay said he was in a room when Springfield District Court leaders announced the decision to lay off Whalen, but Gay said it was the clerk magistrate at the time -- the now deceased Robert E. Fein – who decided to dismiss Whalen.
Fein decided to lay off Whalen after the state’s then-chief administrative judge issued a memo saying there was no need to follow seniority in layoffs, Gay said.
Whalen filed a lawsuit over his layoff and the state’s Trial Court later settled, after a Hampden Superior Court judge refused to throw out all of Whalen’s claims. Whalen had been reinstated in 2004 in accord with a recall policy. Last year, the Trial Court provided him with $105,318 in effective back pay in settling his lawsuit.
The court had retained at least two assistant clerks with less seniority than Whalen , even though Whalen was a tenured employee under state law, according to court records.
Gay was endorsed by five supporters including Judge Lynda M. Connolly, chief justice of the state’s District Court Department, retired Springfield District Court Judge William W. Teahan, Judge William J. Boyle, the presiding judge at Springfield District Court and Susan Silver O’Connor of Northampton, a friend and assistant general counsel for Health New England in Springfield.
Connolly praised Gay’s knowledge of the court’s business practices, the law and procedures and his ability to work with other court leaders.
“I cannot speak more highly of this individual for this position,” Connolly said.
Boyle said the Springfield court is currently hurt by a hiring freeze in the Trial Courts. The court has 7 clerks when it is authorized for 11 and 13 probation officers when it is approved for 27, Boyle said.
Boyle said the court needs a permanent clerk magistrate.
“I have every confidence John Gay will do an admirable job,” Boyle said.
Governor’s Councilor Charles O. Cipollini, a Fall River Republican, grilled Gay on Whalen’s firing and also raised questions about Gay’s promotion in 1986 at Dorchester District Court in Boston. Gay was promoted to office manager in charge of 45 employees, though he had not yet obtained his college degree.
“It just doesn't strike me right,” Cipollini said. “There must have been some political godfather there.”
Gay said his colleagues in Dorchester were pleased he won the office manager’s job. Gay said there was no educational requirement for office manager in 1986. He said he was one of several office managers and that he was passionate about the job.
Governor’s Councilor Marilyn M. Devaney, a Watertown Democrat, said she was concerned that Gay is not a lawyer. In addition, she criticized the timing of the hearing, saying it was being unfairly rushed through and that she needed more time for due diligence. The council scheduled Gay’s hearing a week after his nomination.
Councilor Thomas T. Merrigan, a Greenfield Democrat, defended the timing of the hearing. Merrigan said he wants to speed the appointment since the clerk-magistrate’s job has been open for nearly five years.
Councilor Mary-Ellen Manning, a Salem Democrat, said the clerk-magistrate’s job is a lifetime appointment with no mandatory retirement and that Gay is young enough to be in the job for 50 years. Considering his support from judges, Manning said she was also concerned that Gay would dismiss cases to reduce a backlog and improve efficiency for judges.
“I have a real problem with that,” Manning said. “That’s all that is coming through.”