by Michael J. Albano
The History and Ideals of Representative Government Demand Regional Diversity be reflected by our Massachusetts Supreme Judicial Court.
Massachusetts citizens of all cultures have a right to demand representation at all levels of government.
Respect for and adherence to law depend upon it.
Make no mistake about it—Our Supreme Judicial Court makes law. Its Justices develop, refine and establish State Constitution Law and the Common Law. Few would disagree that the Justices of Supreme Judicial Court must reflect the makeup of the citizenry it governs. In the 21st Century, and dating back to Colonial times, our Supreme Judicial Court has included distinguished Western Massachusetts Justices. In fact, our high court has never been without a Western Massachusetts Justice. Indeed, in recent years, no less than 3 of the 7 Justices hailed from Western Massachusetts—Justice Roderick Ireland, a Springfield native, Justice John Greaney, a Westfield native, and Justice Francis Spina, a Pittsfield native.
Over centuries, Massachusetts Governors have fulfilled the ideal of regional diversity by nominating many distinguished Western Massachusetts Justices to the high court.
They include: Justice Daniel Dewey, born 1766 Sheffield, practiced in Williamstown, Massachusetts, treasurer of Williams College, as member of the Massachusetts Governor’s Council 1809-1812; Justice Simeon Strong born, Amherst, 1735, practiced in Amherst; Justice Reuben Atwater Chapman born 1801 from Russell, practiced in Westfield, Monson, and Ware, before settling in Springfield.; Justice Marcus Perrin Knowlton, born 1839, served as Chief Justice of the Supreme Judicial Court, in Wilbraham, admitted to the bar in 1862 in Hampden County, where he made his residence in Springfield. He was elected to the City Springfield Council, and also represented Springfield in the Massachusetts House of Representatives as well as the Massachusetts Senate.
Also, Justice Charles Allen, born 1827, and practiced law at Greenfield; Justice John Crosby, born 1859 in Sheffield, practiced in Pittsfield, member Pittsfield; Justice Charles Devens Jr., born, 1820, general in the Union Army, admitted to the bar in Franklin County; Francis Quirico, born 1911, Pittsfield; City Solicitor Pittsfield 1948; John M. Greaney, born 1939, Westfield, Massachusetts, graduate Westfield; Justice Francis X. Spina, born 1946 Pittsfield, graduate Amherst College; Western Massachusetts Legal Services, Assistant City Solicitor in Pittsfield, Massachusetts; Second Assistant District Attorney in Berkshire County; Justice, Berkshire County Massachusetts Superior Court; Chief Justice Roderick Ireland, born 1944 in Springfield.
Regional diversity is mandated at all levels of the Massachusetts Trial Court. Pursuant G. L. c. c 211B, § 10, Regional Administrative Justices for 11 regions geographic of the Commonwealth. Each geographic region contains one or more County Superior Courts and District Courts. This regional approach is in recognition of the importance of regional balance. It would be unthinkable—not to mention contrary to law and long-established practice, to select Regional Administrative Justices, and trial judges, from just one region of the Commonwealth.
As we all know, the members of our State Legislature and Senate, which like the Supreme Judicial Court, make and shape our law, are selected with geographic balance. No one would dispute that different regions of the Commonwealth represent different sectors in our society, with a differing cultures, values and points of view. One size does not fit all. All segments of society must feel represented in all three forms of government.
The Governor must not depart from history.
I expect he will continue the tradition of appointing qualified Western Massachusetts candidates to the Supreme Judicial Court.
Michael Albano is a former Member of the Governor’s Council. He also served as the 52nd Mayor of Springfield.
