Thank you Marjorie Hess for your July 30 letter in support of Mike Fenton. I join you in this support.
The Governor’s Council race generally doesn’t get much attention, but our candidates offer a choice. The race will be decided at the primary (there’s no Republican running). There is nothing that requires a Governor’s Councilor to be a lawyer, but I believe a lawyer or an experienced legal advocate are significantly better suited for making important decisions concerning judicial appointments (among other duties) than someone who has had no experience with the inner workings of the courts and the legal system. Mike Fenton is an experienced lawyer; Tara Jacobs, our current representative, is not. This has made a difference.
An example of this was when the Governor nominated Gabrielle Wolohojian to the Supreme Judicial Court. At the time, Justice Wolohojian had been on the Appeals Court for many years. She had already shown herself to be a brilliant jurist and was a superb choice for the SJC. Yet Jacobs voted against approving the nomination. This was particularly puzzling since Jacobs agreed that Justice Wolohojian was eminently qualified (Jacobs’ exact words to me were, “I spent over four hours today with Justice Wolohojian, that was far reaching and deeply illuminating. She is brilliant and incredibly qualified.”)
Jacobs’ rationalization for her vote had nothing to do with the nominee’s extraordinary qualifications, but instead she said she didn’t like the process (Jacobs’ words, “I have underscored her qualifications at every opportunity, but ultimately voted and expressed my concerns about the process, and its implications.”) She was referring to the Justice’s prior relationship with the Governor.
As a retired lawyer, I tried to explain to Jacobs that there was no impropriety in the Governor’s nomination, and that should a conflict emerge concerning a case while on the bench, Justice Wolohojian would recuse herself as is ethically required. If Jacobs didn’t like the process surrounding the nomination, she should deal with the process separately, not vote against a qualified nominee.
Clearly Jacobs had an insufficient or incorrect understanding of her role as a Governor’s Councilor, as well as the ethical rules and considerations under which Justices make decisions. Our representative to the Governor’s Councilor should know how the nomination process works, the ins and outs of the position for which someone is nominated, and the basis on which she should vote on a nomination. Never having practiced in any court or worked in the legal system, Jacobs is ill-equipped to understand these aspects of the Governor Councilor’s job and in my opinion exercised poor judgment. On the other hand, lawyers or experienced legal advocates inherently understand the positions judicial nominees would fill, which requirements are necessary, and which decidedly are not.
Jacobs tried to rationalize her decision by saying her vote didn’t matter since Justice Wolohojian was approved by the rest of the Council. This weak rationale doesn’t constitute a good reason for a no vote. The vote should have been based on the merits of the candidate. It says a lot that Republicans expressed their delight at Jacobs’ vote.
I support Mike Fenton for many reasons. He is a long-time practicing lawyer and a partner in his firm, and is well qualified to be a Governor’s Councilor. He has been recognized as a top lawyer by multiple entities (Best Lawyers, Super Lawyers, and Lawyers Weekly) and understands the duties and responsibilities of the office. He has served his community and western MA well, has been on the Springfield City Council for eight terms (including five years as Council President), and is a member of the LGBTQI+ community. He is a strong advocate for social justice and a founding member of the Center for Social Justice at Western New England Law School where he is an adjunct professor. Mike notes the lack of western MA residents on the Supreme Judicial Court, the Appellate Tax Board, and the Parole Board, and he’ll work hard for regional equity. I hope you’ll join me in supporting Mike Fenton for Governor’s Council.
Elizabeth Silver lives in Florence.