On Monday, Massachusetts Governor’s Council member Tara Jacobs will hold a hearing on a state judicial nomination in Northampton. The eight-member body is tasked with advising the governor on appointments to bodies like the parole board and courts, as well as commutations and pardons. The hearing at 6 p.m. in the Old Superior Courthouse will allow for public comment on Democratic Governor Maura Healey’s nomination of Hampshire County Attorney Bernadette Stark to the probate and family court. Jacobs, a North Adams Democrat who represents District 8 covering Western Massachusetts, spoke with WAMC.
JACOBS: I'm very pleased that we've had this second nominee come through from Western Mass. Not all of the districts have had nominees yet, so I think it says something nice about the attention being given to us out here, that we've gotten a nominee from Hampshire County. Her name, she's an attorney named Bernadette Stark, and she's been nominated to probate and family court. Probate and family court was recently, through the legislature, given an additional eight positions. So, we just received three nominees to probate and family and five more are coming- Although I think there may also be a retirement, we may see a couple more besides that. But probate and family court is a court that touches a lot of families, generally not in their happiest times- Divorce and custody issues and guardianships, estate issues; on happy days, adoptions come through probate and family court. And that court handles their business in kind of a unique way, in that judges retain cases over the lifetime of that case’s length- So generally, until children age out at 18. So, the emotional aspect of being sort of at the helm as a judge with a case that travels with them over years and years, getting to know a family- It’s a different level of emotional labor than many of the other courts, and so, a special kind of person really is needed to sit in probate and family court.
WAMC: So, when you think about representing Western Massachusetts and what this community needs from that kind of appointment, what goes through your thought process? What are the metrics?
You know, I've said this before, I think when we've talked, I've said it before- I spend a lot of time talking to the administration and when I'm in the statehouse about Western Mass and advocating for our voice and our needs and resources and attention. And I sort of do on that both sides, in that when I’m in Western Mass, I do what I can to bring the Boston statehouse work out here, as well. And towards that end, I've made a commitment for the foreseeable that when we do have a Western Mass nominee to the various courts, that I will hold local hearings in their county of residence so that the community can become engaged in the process. It's an effort in transparency, and accountability, and it's an opportunity just in terms of accessibility. Typically, when a nominee is, a hearing is held by Governor's Council, it's in the statehouse, it's in the governor's council chambers. In order to participate, one would have to go to Boston. That's particularly disadvantages for those of us who live farthest away from Boston, just in terms of accessibility and transportation and carving out an entire day. The opportunity to have a hearing in the home district, A, eliminates the travel barrier, but also, it extends that opportunity that space for people to come and to share with the community and with me, in my deliberations, their experience of that nominee- Whether they have worked with them or been opposing counsel to them, or just know them as a community member that they've interacted with. All that information is really helpful to me in deliberating, and I share that with my fellow members of Governor’s Council in a report of what I've heard. So, that it is then submitted into the record for that nominee’s submission and consideration for council.
When is that process starting? Will Western Mass get a chance to participate in those hearings? And then what's the timeline after that?
I have a local hearing scheduled for Attorney Stark in Northampton at the OId Superior Courthouse on Monday, January 8th. Doors will open at 5:30, and we'll probably get underway half an hour or so after that. People register, basically, if they want to speak, so bringing people in and organizing who's going to actually speak on behalf of or in opposition to the nominee. That hearing on Monday will then be, the results will be shared with the council, and we will be having our formal and official Governor's Council hearing at the statehouse two days later on Wednesday, January 10th. And then we typically wait at least a week to vote, which allows for any further public input to come in. Generally speaking, frequently, the first time people are hearing there's a nominee is when we have that hearing at the statehouse. So, we like to make sure that we do give that pause before voting so that there can be additional feedback for deliberation to consider and take into account. So, I anticipate the vote will probably be on January 17th, but that is at the pleasure of the governor. So, we'll find out when that actually is added to our agenda.
Give us a snapshot of what else you're up to at the council starting off 2024.
So, like I said, we've really gotten underway, and it's a busy time. We have, another nominee has come in for juvenile court. In addition to Attorney Bernadette Stark, there's two other nominees to probate and family court that we've received, and we just held our hearing at our last meeting of Governor's Council before the holidays for a nominee to the Supreme Judicial Court, and I anticipate that vote likely will take place on January 10th. And there is, another retirement was announced a month or two ago to the SJC, so another SJC nominee is anticipated at some point soon. Again, in an advocacy for Western Mass, I, in concert with a number of Western Mass attorneys and legislators, have been pushing for the governor to nominate someone from Western Mass to sit on that court. It's been over 20 years since a nominee from Western Mass has been appointed to the SJC, and it's been over seven years since we've had representation on that court. For two- Well, for a multitude of reasons, I think it's so important. One being just that representation matters, and we deserve a voice at the most powerful court in the state, but also that there literally is a law, a Mass General Law that calls for regional equity at all of our courts, and right now we don't have that regional equity at the SJC. So, I am hopeful- I know there are some great candidates who have applied, but ultimately, the governor will nominate who she sees as the best addition to that court, and we'll see who that person is and where they're from. But I'm hopeful and desire, and I'm doing what I can to advocate that that be someone from the Western Mass district.
