A group of 20 state lawmakers from western Massachusetts are calling on the Healey istration to fill several vacant judgeships in the area.
In a letter sent to Governor Maura Healey, the legislators said four of the 11 Superior Court judge positions in western Mass. are vacant, and that a District Court position in the Berkshires is also unfilled. They said even with retired judges being recalled to fill-in, there are delays in proceedings.
State Sen. Jo Comerford, D-Northampton, is one of the authors of the letter.
"We need justices in the seat so that we have enough capacity to hear the volume of cases and to expedite them in a way that offers people timely access to the judicial system," she said.
Comerford said the letter was intended to bring attention to the situation and to hopefully encourage the governor to act quickly.
"I thought it was important to weigh in simply in a collegial, very respectful letter to the governor, helping her understand that this had risen to our attention and that we were asking for her partnership here," the senator said.
Delays in cases going to trial can also have an adverse effect on those facing criminal charges who can’t afford bail and are incarcerated or those who were not granted release.
"They'll be held until their case is heard at trial," said Attorney Alfred Chamberland, of Easthampton. "The delay in trying those cases leads to there being a longer period of time of incarceration than is necessary especially if they were to go to trial and be acquitted."
The Governor’s Council is the elected which makes the final decision whether to confirm a judicial appointee. Its representative for the area, Tara Jacobs, said she hopes the letter causes action on the governor’s part.
Jacobs said one issue for finding judges for the region is compared to the rest of the state, there are very few applications submitted from western Massachusetts.
She said there are “sometimes single digit applicants compared to hundreds-and-hundreds from other parts of the state. “That on its face, causes challenges in the process.”
Then there’s the length of the process — from applying for a job, to review and interviews — which can take several months before a nomination is made, she said.
Jacobs lauded the efforts of the remaining judges who have been shouldering the load, but said she’s concerned about their burning out as well.
The bipartisan group of legislators is also asking for more western Mass. representation on the judicial nominating commission, which first vets candidates for judgeships.
According to the commission’s website, of the 21 listed, just one is from any of the four western counties of Massachusetts: Retired Judge John Payne of Springfield, who also served as the city’s solicitor.
Jacobs said she is hopeful in the coming months that more representatives from western Mass. will be added with expected turnover impacting the commission.
A spokesperson for Healey said the governor is proud of her judicial nomination record and that the istration will work diligently to fill more vacancies.
"Our chief legal counsel and JNC [Judicial Nominating Commission] executive director have held info sessions with Western Mass. bar associations and conducted outreach to judges and leading lawyers in the region," the spokesperson said in a statement emailed to NEPM. "[In an effort to] encourage applications and demystifying the process to ensure Western Mass. representation on the bench."
