Do you know who your Governor’s Councilor is? Do you know what the duties of the Governor’s Council entail? Did you know that the Massachusetts Governor’s Council exists? Since the answer to these questions is more than likely ‘no’, many people feel that the Governor’s Council itself should be abolished.
For nearly 50 years, the Massachusetts Governor’s Council has been viewed as an archaic and obsolete body whose sole function is to rubber stamp judicial nominees and act as ceremonial hand-holders when the new class of State Legislators is sworn in.
The Governor’s Council was formed in 1780 when John Adams, Samuel Adams, and James Bowdoin first drafted the Massachusetts Constitution, the final draft being authored by John Adams himself. The Council meets weekly to advise the Governor, to act on state treasury payments, criminal pardons, and commutations, and to confirm judges, notaries, and justices of the peace, as well as parole board members. There are eight elected Councilors, each representing five Senate districts, and the Lt. Governor, who serves ex officio. The elected Councilors serve two-year terms.
The Council’s authority was essentially neutralized in 1959 after a major scandal landed a majority of the Council in jail for bribery and corruption. Governor Michael Dukakis, hardly a champion of smaller government and decentralized political power, tried unsuccessfully to eliminate the Council by legislation and ballot initiatives in hopes that the Senate would absorb its duties. Once again, beware of liberals talking ‘efficient government’ and ‘saving taxpayer money’.
Given recent scrutiny of recurring, judicial incompetence in Massachusetts these days, the Executive Council, or Council, as it is known, is being noticed again.
Judges in Massachusetts, once confirmed, enjoy a lifetime appointment with a six-figure income and virtually no chance at all of being removed from the bench. And finally, a few Council members are starting to ask questions of the nominees other than their favorite vegetable or movie.
For example, Governor Patrick, a Democrat, recently nominated Plymouth County D.A. employee Heather Bradley, a Democrat, for a judgeship. She is married to State Representative Garret Bradley, a Democrat from Hingham. In the past three years they have donated almost $40,000 in political donations, more than half of that to Governor Patrick, Lt. Gov Tim Murray, and the state Democrat Party, as well as $100 to current Governor’s Council member Kelly Timilty, also a Democrat. Newly elected Council members Charles Cipollini and Jennie Cassie, both Republicans, decided not to rubber stamp Bradley and started to ask questions about these contributions. Cipollini said that if Bradley is confirmed he would file charges with the State Ethics Commission.
Last month, three council members had the temerity to vote against Gov. Patrick’s nominee for the Supreme Judicial Court, Fernande R.V. Duffly, after she inadequately answered questions regarding her judicial philosophy. Trivial matters to liberal pundits such as father’s rights and the definition of marriage seemed to annoy them into a froth, alluding to such questions as being of narrow focus. How dare one of the beautiful people actually be question while being vetted? Although she was confirmed, 4-3, calls for Dukakis’ mission to eliminate the board sounded again.
And the mere mention of Dominic Cinelli’s name should shame into resignation each council member who voted to confirm any member of that disgraced parole board.
Here’s the point: The out-of-sight, out-of-mind Governor’s Council should not be abolished. Rather, a white-hot spotlight should be trained on this vital board so the actions or inactions, bravery or cowardice, and integrity or lack thereof of its members can be illuminated for all to see.
The rubber stamp of judicial nominees is the strongest weapon in the liberal arsenal known as judicial activism. Those who would side with Mike Dukakis over John Adams on the existence vs. elimination of the Governor’s Council maintain that the State Senate should handle confirming judges, just as they are at the federal level.
But legislative bargaining can influence confirming judges in the Senate. A weak Senator may bow to pressure on a judicial nomination in order to see a certain bill passed. Or, a popular Senator that brings home the bacon for his district may not pay a political price if he confirmed a goat for a judge. And we’re still stuck with the goat.
An independent council who would not pay the price by legislative opponents is needed to see to it that the confirmation process remains pure. Immune to that certain political pressure, they are free to confirm judges by philosophical honesty. They do not play the Legislator’s version of ‘lets make a deal’ in the confirmation process.
And the only price they would pay is at the ballot box if the people know that they have been confirming judges that perform poorly, thus the need for the white-hot spotlight.
Richard Greeley
Republican State Committeeman, 2nd Plymouth & Bristol
Vice-Chairman, Halifax RTC