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MARILYN DEVANEY IS SETTING THE RECORD STRAIGHT
EDITORIAL | MARCH 3, 2014 2:41 PM
(The following letter by Marilyn M. Petitto Devaney originally appeared
in the Weston Town Crier Newspaper last week. She is a member of
the Governor's Council, which is tasked, among other things, with
recording consent and advice on judicial nominees.)
To The Editor:
As Governor's Councilor, I must address some very misleading
information concerning Joseph Berman's nomination for Superior Court
judgeship. I take no joy in this.
Following Mr. Berman's' Nov. 13 hearing, five of eight councilors
advised Gov. Deval Patrick in writing that we would vote against Mr.
Berman's nomination. The governor has not allowed the vote to be
taken for three months now.
Councilor Robert Jubinville asked Mr. Berman, who was under oath,
whether he had contacted any official or candidate to lobby the
Councilors on his behalf, including anyone on his $110,000 political
donor list. He replied "no." The question was asked again. Mr. Berman
replied, "Absolutely not."
When questioned again by Councilor Jen Caissie, Mr. Berman replied,
"Oh, I didn't know you meant today." He admitted calling Congressional
candidate Katherine Clark that very morning to call Councilors Michael
Albano and Jubinville. Why the lies? Honesty is paramount for a judge.
Mr. Berman has contributed $3,600 to Ms. Clark. Mr. Berman stated Sen.
Clark agreed to make calls.
After Mr. Berman was not approved for a District Court judgeship
by the Judicial Nominating Commission in 2004, he gave $110,000 in
campaign contributions to state and federal candidates, in addition
to fundraising right up to the present application for Superior Court.
The timing and size of these contributions have understandably
created a public perception of improper influence in his pursuit of
a judgeship.
Mr. Berman lacks criminal trial experience in Superior Court. He has
done nothing to educate himself on criminal law, as he admitted.
Councilor Jubinville asked how many trials he has had in District
Court. He replied, "I think I had one or two."
The majority of Councilors believe Mr. Berman's deportment at the
hearing was unacceptable for a judge.
Councilor Jubinville asked Mr. Berman, "In your opinion, is drug
addiction medical or criminal?" Mr. Berman shot back sarcastically,
"I'm not a doctor," and added, "No one in my family is drug addicted."
Respectful demeanor and composed temperament on the bench are
essential. Mr. Berman's lack of knowledge and experience in this
crucial legal area is of significant concern to council majority.
When nominees appear before the council, their presentation concerns
their qualification to be a judge. Mr. Berman is the only nominee who
boasted about his political organizational skills. He spoke about
running offices of candidates, organizing fundraising, organizing
workers, "strategizing with people."
Are political skills a quality to look for in a judge? Mr. Berman
has definitely proven his political skills in his ongoing politicking
for this judgeship. I know of people he has lobbied. However, solid
and relevant legal experience, not campaign experience, is what the
public and Governor's Councilors expect in a judge.
Regarding National Anti-Defamation League (ADL) and Armenian Genocide
recognition, I fault Mr. Berman, 19-year member of the ADL New England
and national commissioner, for never publicly speaking out against
the national ADL's direct collaboration with the Turkish government
against genocide recognition long before, during and after the issue
broke in 2007, as he acknowledged at his hearing.
On August 14, 2007, after learning of ADL's years of successful
lobbying in defeating Congressional resolutions recognizing the
Armenian Genocide, I authored a proclamation to withdraw Watertown
from the ADL's "No Place for Hate" program. I won the support of many
communities that also withdrew, including Newton. Mayor David Cohen
publicly spoke out strongly against the ADL's discrimination against
the Armenians.
Mr. Berman neither spoke out publicly nor resigned. New England ADL
Director Andrew Tarsy spoke out publicly and honestly and as a result
was fired. By contrast, Mr. Berman received leadership awards from
the ADL.
In 2007, prominent ADL members resigned, including Stewart L. Cohen and
Boston City Councilor Mike Ross, whose father survived concentration
camps in the Holocaust. Many principled Jewish Americans (including
rabbis) spoke out publicly as well. I stated that if I was a member
of an organization that opposed a Holocaust resolution and did not
recognize it as a holocaust I would resign.
The national ADL has still not unambiguously acknowledged the Armenian
Genocide. New England ADL Director Derek Shulman said in 2012 that
the ADL will not support a Congressional resolution on the Armenian
Genocide.
Finally, some media took my comment about the ADL out of context.
Please listen to the tape of the hearing at the Governor's Council
office. At the conclusion of the hearing, I stated that though I have a
"bias" against the ADL for depriving the Armenians of their history,
I would have an "open mind regarding Mr. Berman."
I am proud of the unbiased attention and respect that Councilors and
I have for nominees such as Mr. Berman. Thank you.
Marilyn M. Petitto Devaney
Governor's Council
- See more at:
http://www.mirrorspectator.com/2014/03/03/marilyn-devaney-is-setting-the-record-straight/#sthash.3G1tRwbw.dpuf
EDITORIAL | MARCH 3, 2014 2:41 PM
(The following letter by Marilyn M. Petitto Devaney originally appeared
in the Weston Town Crier Newspaper last week. She is a member of
the Governor's Council, which is tasked, among other things, with
recording consent and advice on judicial nominees.)
To The Editor:
As Governor's Councilor, I must address some very misleading
information concerning Joseph Berman's nomination for Superior Court
judgeship. I take no joy in this.
Following Mr. Berman's' Nov. 13 hearing, five of eight councilors
advised Gov. Deval Patrick in writing that we would vote against Mr.
Berman's nomination. The governor has not allowed the vote to be
taken for three months now.
Councilor Robert Jubinville asked Mr. Berman, who was under oath,
whether he had contacted any official or candidate to lobby the
Councilors on his behalf, including anyone on his $110,000 political
donor list. He replied "no." The question was asked again. Mr. Berman
replied, "Absolutely not."
When questioned again by Councilor Jen Caissie, Mr. Berman replied,
"Oh, I didn't know you meant today." He admitted calling Congressional
candidate Katherine Clark that very morning to call Councilors Michael
Albano and Jubinville. Why the lies? Honesty is paramount for a judge.
Mr. Berman has contributed $3,600 to Ms. Clark. Mr. Berman stated Sen.
Clark agreed to make calls.
After Mr. Berman was not approved for a District Court judgeship
by the Judicial Nominating Commission in 2004, he gave $110,000 in
campaign contributions to state and federal candidates, in addition
to fundraising right up to the present application for Superior Court.
The timing and size of these contributions have understandably
created a public perception of improper influence in his pursuit of
a judgeship.
Mr. Berman lacks criminal trial experience in Superior Court. He has
done nothing to educate himself on criminal law, as he admitted.
Councilor Jubinville asked how many trials he has had in District
Court. He replied, "I think I had one or two."
The majority of Councilors believe Mr. Berman's deportment at the
hearing was unacceptable for a judge.
Councilor Jubinville asked Mr. Berman, "In your opinion, is drug
addiction medical or criminal?" Mr. Berman shot back sarcastically,
"I'm not a doctor," and added, "No one in my family is drug addicted."
Respectful demeanor and composed temperament on the bench are
essential. Mr. Berman's lack of knowledge and experience in this
crucial legal area is of significant concern to council majority.
When nominees appear before the council, their presentation concerns
their qualification to be a judge. Mr. Berman is the only nominee who
boasted about his political organizational skills. He spoke about
running offices of candidates, organizing fundraising, organizing
workers, "strategizing with people."
Are political skills a quality to look for in a judge? Mr. Berman
has definitely proven his political skills in his ongoing politicking
for this judgeship. I know of people he has lobbied. However, solid
and relevant legal experience, not campaign experience, is what the
public and Governor's Councilors expect in a judge.
Regarding National Anti-Defamation League (ADL) and Armenian Genocide
recognition, I fault Mr. Berman, 19-year member of the ADL New England
and national commissioner, for never publicly speaking out against
the national ADL's direct collaboration with the Turkish government
against genocide recognition long before, during and after the issue
broke in 2007, as he acknowledged at his hearing.
On August 14, 2007, after learning of ADL's years of successful
lobbying in defeating Congressional resolutions recognizing the
Armenian Genocide, I authored a proclamation to withdraw Watertown
from the ADL's "No Place for Hate" program. I won the support of many
communities that also withdrew, including Newton. Mayor David Cohen
publicly spoke out strongly against the ADL's discrimination against
the Armenians.
Mr. Berman neither spoke out publicly nor resigned. New England ADL
Director Andrew Tarsy spoke out publicly and honestly and as a result
was fired. By contrast, Mr. Berman received leadership awards from
the ADL.
In 2007, prominent ADL members resigned, including Stewart L. Cohen and
Boston City Councilor Mike Ross, whose father survived concentration
camps in the Holocaust. Many principled Jewish Americans (including
rabbis) spoke out publicly as well. I stated that if I was a member
of an organization that opposed a Holocaust resolution and did not
recognize it as a holocaust I would resign.
The national ADL has still not unambiguously acknowledged the Armenian
Genocide. New England ADL Director Derek Shulman said in 2012 that
the ADL will not support a Congressional resolution on the Armenian
Genocide.
Finally, some media took my comment about the ADL out of context.
Please listen to the tape of the hearing at the Governor's Council
office. At the conclusion of the hearing, I stated that though I have a
"bias" against the ADL for depriving the Armenians of their history,
I would have an "open mind regarding Mr. Berman."
I am proud of the unbiased attention and respect that Councilors and
I have for nominees such as Mr. Berman. Thank you.
Marilyn M. Petitto Devaney
Governor's Council
- See more at:
http://www.mirrorspectator.com/2014/03/03/marilyn-devaney-is-setting-the-record-straight/#sthash.3G1tRwbw.dpuf