February 11, 2003
ROMNEY OVERHAULS JUDICIAL NOMINATING PROCESS
Establishes New Merit-Based System of Appointing Judges
Governor Mitt Romney today announced a non-partisan and merit-based process for nominating judges in Massachusetts, safeguarding the system from favoritism and politics and ensuring the highest caliber individuals are selected to sit on the bench.
Romney also named the members of the streamlined 21-member Judicial Nominating Commission (JNC) that will identify and review all prospective judges.
“The Massachusetts Constitution guarantees every citizen the right to judges as 'free, impartial and independent as the lot of humanity will admit.' Those words were penned by John Adams, and they are the basis not only for our state courts, but for the federal judiciary as prescribed by the U.S. Constitution,” said Romney.
He added, “It is time to renew our commitment to those words. Massachusetts was a trailblazer for judicial integrity in John Adams' day and it can be a trailblazer for the same integrity in our day as well.”
Romney, who issued an Executive Order to outline the new process, established a first in the nation blind review of judicial applicants, screening all candidates exclusively on the basis of their professional qualifications without any consideration of their names to ensure applicants are judged on merit only.
For the first time in Massachusetts, judges will be required to meet certain minimum requirements, including having at least 10 years of legal experience to qualify for a position on the Trial Court and 15 years for an Appeals Court position.
“It is my aim today with this Executive Order to shine a spotlight on the way judges are appointed to the bench,” said Romney. “The citizens of Massachusetts deserve to have a squeaky clean process that has no room for politics and favors.”
Romney's Executive Order draws on “best practices” from states around the country to create a comprehensive document that can serve as a national model for merit-selection of judges. Highlights include:
- Code of Conduct for Applicants: Prohibits applicants from making political contributions to the Governor and Lieutenant Governor while going through the review process. Also, to maintain the dignity of judicial office and the functions of the JNC, applicants are forbidden from “campaigning” for a judgeship via telephone or e-mail.
- Code of Conduct for Nominees: Creates a total ban on political contributions and activity for those awaiting confirmation. Limits appearances in the court where the nomination is pending.
- JNC Member Qualifications: Disqualifies from the JNC registered lobbyists as well as individuals who are related to current elected officials or who have past or current business relations with elected officials. In addition, JNC members and members of their families will not be considered for judgeships for a period of three years after leaving the commission.
- Notice of Vacancies and Rolling Admission: All judicial vacancies that will occur in the administration will be posted on the Internet with no deadlines for application, creating a rolling admissions process. Nominations will be made in anticipation of constitutionally required vacancies such as when a judge turns 70. This new process will rid the sometimes months and years of delay in the nomination of replacement judges that the courts face currently.
In addition to outlining the new standards, Romney also announced 18 members of the 21-member commission, which will hold their first meeting next month. He noted the members represent all regions of the Commonwealth and reflect the diversity of the state.
Ralph Martin, Chairman of the newly formed JNC and former Suffolk County District Attorney, lauded Romney for selecting a JNC membership that is “representative of the diversity of the Commonwealth as well as the many different constituencies that work in and rely on the courts.”
Martin added, “I believe that Governor Romney's Executive Order will promote a judicial selection process that is both thorough and fair as it should be. The members of the JNC hope that our recommendations to Governor Romney will enhance the already fine quality of the Massachusetts judiciary.”
The Executive Order also reestablishes the process of seeking input from the state and regional bar associations, which was limited under the last two governors. The bar committees will review the names of the final prospective nominees to determine whether the applicants are highly qualified, qualified or not qualified before the Governor makes a decision on any nomination.
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