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Ties To ADL Imperil Patrick Judge Nominee

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  • Ties To ADL Imperil Patrick Judge Nominee

    TIES TO ADL IMPERIL PATRICK JUDGE NOMINEE

    [ Part 2.2: "Attached Text" ]

    GOVERNOR POSTPONES VOTE HE WAS ABOUT TO LOSE

    BY: Colleen Quinn
    November 20, 2013

    STATE HOUSE NEWS SERVICE

    Saying he hadn't had a chance to work on rounding up votes to ensure
    confirmation, Gov. Deval Patrick prevented the Governor's Council
    from voting on judicial nominee Joseph Berman, the governor's pick
    for a Superior Court judgeship.

    Councilor Marilyn Devaney, who criticized Berman during his
    confirmation hearing last week for being part of an organization that
    refuses to recognize the Armenian genocide, urged the governor not
    to postpone the vote.

    "I have great respect for you, but I object to this," Devaney said
    to Patrick, adding she had a letter from five councilors, a majority
    of the eight-member panel, who planned to vote against Berman's
    confirmation. "I find no joy in this governor, but it is the right
    thing to do," she said.

    Councilor Robert Jubinville also asked Patrick to reconsider
    postponing, but the governor responded: "Thank you. I'm going to
    postpone the vote."

    Berman came under fire last Wednesday for his membership in the
    Anti-Defamation League, $110,000 in campaign contributions, and his
    representation of a prisoner at the Guantanamo Bay detention camp.

    Berman is a board member of the New England chapter of the ADL.

    Devaney called the ADL hypocritical because it refuses to recognize
    the Armenian genocide by the Turks. She said she has a bias against the
    ADL that she would be unable to put aside when considering the nominee.

    Berman, a Weston resident who is a partner at the Boston law firm
    Looney & Grossman, was questioned for more than four hours by the
    council last week. He graduated from Dartmouth College and received his
    law degree from The University of Michigan Law School. His practice
    focuses on commercial litigation, trying several cases in Superior
    Court each year.

    Jeffrey Robbins, an attorney at the Boston law firm Mintz Levin and
    a member of the ADL, said that Devaney and Berman "are exactly in
    accord," on the Armenian genocide, saying Berman led the effort of
    the New England chapter in demanding the national organization change
    its position.

    Berman, 49, told councilors he was tempted to resign from the ADL, but
    changed his mind because the organization does great work in so many
    other areas. He thought one commission member resigning would not make
    a difference, and decided to stay and work for change from the inside.

    Councilor Jennie Caissie had broader concerns about the ADL. She said
    she objected to letters the ADL writes to the US Senate Judiciary
    Committee prior to judicial candidate hearings. Caissie called the
    letters "bona fide litmus tests" on issues ranging from abortion to
    the First Amendment. She said she is troubled by the positions of
    the ADL, and criticized Berman for not withdrawing from the group.

    Caissie said she was concerned Berman would be an activist judge.

    Caissie asked why the governor was postponing. "I don't know of any
    reason why this nominee should not be voted on today," she said.

    "This is breaking with the council's precedence."

    Patrick said the constitution gave him the authority to set the agenda
    and "to bring forth for you the votes when I'm ready for those votes
    to be taken." He said the council will have the chance to vote.

    "I am going to work hard to get the votes. I have not had an
    opportunity to do that," Patrick said. "I think this is a candidate
    who is more than ready to serve."

    Devaney said she thinks the council members will not change their
    minds. "To prolong this serves no purpose," she said.

    Councilor Terrence Kennedy said he supported Berman, but added he
    did not think the vote would change over the next week.

    http://www.commonwealthmagazine.org/News-and-Features/Online-exclusives/2013
    /Fall/011-Ties-to-ADL-imperil-Patrick-judge-nominee.aspx#.Uo5-xdK8B2p

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