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Tuesday, March 13, 2007
Patrick’s SJC pick anyone’s guess

Gay rights activists eye like-minded judge

Worcester T&G
By Denise Lavoie THE ASSOCIATED PRESS


Massachusetts Superior Court Associate Justice Martha B. Sosman talks with reporters in this June 2000 file photo. (THE ASSOCIATED PRESS)

BOSTON— With the death of Supreme Judicial Court Justice Martha B. Sosman, Gov. Deval L. Patrick’s first foray into the judicial system will be to name a replacement justice on the state’s highest court.

Patrick’s background as a civil rights lawyer has some speculating that he could appoint a woman or a minority, but his choice is anyone’s guess. Patrick, who took office in January, hasn’t appointed any district or superior court judges yet.

“There’s still a lot of unknowns right now. People in the legal community are still trying to figure out what kind of direction he’ll take and who are the key power players (on his staff) that will determine who judges are,” said David Yas, editor-in-chief of Massachusetts Lawyers Weekly.

Sosman, 56, died Saturday of respiratory failure. She was one of three SJC judges who voted against the court’s landmark 2003 decision legalizing gay marriage in Massachusetts.

Since the ruling, the SJC has issued several decisions that have worried gay rights activists, including the court’s finding that a proposed constitutional amendment to ban future same-sex marriages could be placed on the ballot if approved by the state Legislature.

Gay marriage activists say they are hopeful that Patrick, a supporter of gay marriage, will nominate a justice who shares his views.

“He certainly has been very strong in terms of the principles of fairness and equality, and so our hope and belief is he will appoint an accomplished jurist who shares those values and principles,” said Lee Swislow, executive director of Gay & Lesbian Advocates & Defenders.

“Clearly, we’ve been disappointed by some of the decisions that the court has made over the last couple of years ... but we continue to respect the court and the integrity of the court,” Swislow said.

The courts were clearly on Patrick’s mind as he took office. In his first executive order as governor, Patrick reconstituted the Judicial Nominating Commission, which screens applicants for judgeships.

Patrick said then that he wanted to recruit a “diverse pool of strong, decisive and effective judges” from all over the state.

To fill Sosman’s seat, Patrick could decide to use the commission to screen candidates or he could set up a special commission to help pick a candidate. The name of the governor’s nominee would then be sent to the eight-member Governor’s Council, which would interview the candidate during a public hearing. The council must approve the nominee by a majority vote.

Patrick would not comment on the process yesterday, except to say he has a timetable to choose a replacement for Sosman.

“I’m not going to discuss that out of respect to her and her family,” he said, when questioned by reporters at a stop in Fall River.

The names of several judges have come up over the last decade when there has been an opening on the court, including Superior Court Judge Margot Botsford and Appeals Court Judge Joseph Grasso Jr.

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