The state primary is Sept. 3, and one of the Democratic ballot items will be the selection of who will represent Harvard on the Governor’s Council.
Why is the Governor’s Council important?
Massachusetts is one of two states in the country still appointing its judges using a Governor’s Council, a remnant of the colonial period. Many states have long ago moved to a broader legislative appointment process that better reflects the will of the people. The Council consists of eight members elected from districts made up of five state Senate districts. The lieutenant governor chairs meetings and can vote to break ties.
The governor nominates judges and the Governor’s Council nearly always approves these nominees. The council also approves clerk-magistrates and public administrators; members of the parole, appellate tax, and industrial accident boards; notaries, and justices of the peace. It also provides advice and consent on weekly decisions on all state budget actions, pardons, and commutations.
This group of eight councilors has an outsize impact on judicial and legal decisions in this state. A recent report released by the People’s Parity Project, “Imbalanced Justice: Massachusetts,” examines professional diversity on state benches, and finds that of the 114 judges in Massachusetts Appellate and Superior Courts, nearly half had experience working as corporate lawyers before being appointed to the bench. This includes all of the seven Massachusetts Supreme Judicial Court justices. In addition, the report finds that 60% of the state’s judges worked as prosecutors; only a few judges have experience as public defenders, civil rights lawyers, or legal aid attorneys. Shouldn’t our court system be composed of more judges dedicated to serving the people of Massachusetts and not corporate or personal interests?
The Governor’s Council’s current membership is hardly diverse: all are white, half have served as members for more than 15 years, and most are attorneys. The last person of color on the council was elected in 1991. Creating a more diverse council will hopefully give Massachusetts a more diverse judiciary with experience fighting for people, not just corporations or the state.
The Governor’s Council member currently representing District 3, which includes Harvard, is Marilyn P. Devaney, a registered Democrat, who lives in Watertown and has held that position for nearly 25 years. She is running as the incumbent. Mara Dolan of Concord is challenging Devaney on Sept. 3. Dolan worked in the Juvenile, District, and Superior Courts of Massachusetts as a public defender for 17 years.
The path to a more equitable legal system
It is time to build a legal system in Massachusetts that is a model for justice and equity and one that better reflects the population of Massachusetts. This starts at the Governor’s Council. If you care who your judges are, you need to care who you elect to the Governor’s Council.
You can learn more about the Governor’s Council in a 45-minute “Who Governs the Governor’s Council” recording and a recent District 3 candidate forum for the two Democratic candidates on the Sept. 3 primary ballot (under Councillor, not Governor’s Council). Both recordings can be found on harvardcabletv.com. You can also livestream Governor’s Council meetings on Wednesdays by going to mass.gov/orgs/governors-council for more information.
Most importantly, learn more about the candidates representing Harvard and cast an informed vote on Sept. 3.
Stephanie Opalka is the co-president of the League of Women Voters of Harvard.
Editor’s note: The party primaries to choose Democratic and Republican candidates for the November state election will be held Tuesday, Sept. 3 at Hildreth Elementary School. Unlike the Democratic primary, the Republican primary has no candidates for the Governor’s Council. Instead, the ballot asks voters to write in one name.
