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Berman Vote Stymied in Tie
By Brandon Gee
Massachusetts Lawyers Weekly
March 5, 2014
http://masslawyersweekly.com/2014/03/05/berman-vote-stymied-in-tie/
In the end, Joseph S. Berman swung only one of two votes he needed to
win appointment to the Superior Court, and his nomination died in a
4-4 tie at a meeting of the Governor's Council this morning.
Berman's nomination has been embroiled in controversy for months. Gov.
Deval L. Patrick held back a vote on the Looney & Grossman litigator
before ultimately withdrawing and resubmitting his nomination, which
allowed Berman to have a second hearing before the council and a
chance to address a myriad of concerns from his hefty political
donations to his leadership positions in the Anti-Defamation League.
With last year's resignation of Lt. Gov. Timothy P. Murray, there was
no one to break today's tie. Patrick presided over the meeting. The
governor said he accepted the outcome, but read a statement that
expressed support for Berman and disappointment in council members.
Patrick said it was "unprecedented and unfair" for a judicial nominee
to be punished for his involvement in politics and service
organizations.
"I think this is a sad day for the council," council member Michael J.
Albano said. "It's amazing that we're talking about Mr. Berman's
affiliation with an organization that does good things."
Council member Jennie L. Caissie said her primary motivation in voting
against the Boston lawyer was the size of his political donations.
"I will not be part of the reality or the perceptions that judgeships
are for sale in Massachusetts," she said.
Council member Marilyn Pettito Devaney said she remained concerned
about a call Berman placed to now-U.S. Rep. Katherine M. Clark on the
morning before his first confirmation hearing in November. Berman
initially denied calling any elected officials in connection with his
nomination when questioned about it in November before acknowledging
it when asked again later. Berman apologized at his second hearing on
Feb. 26 and said he initially misunderstood the question to pertain to
whether he placed any calls before applying to the Judicial Nominating
Commission. Devaney was not convinced.
"He lied," she said. "Nothing else counts. He lied."
Issue: March 10, 2014
By Brandon Gee
Massachusetts Lawyers Weekly
March 5, 2014
http://masslawyersweekly.com/2014/03/05/berman-vote-stymied-in-tie/
In the end, Joseph S. Berman swung only one of two votes he needed to
win appointment to the Superior Court, and his nomination died in a
4-4 tie at a meeting of the Governor's Council this morning.
Berman's nomination has been embroiled in controversy for months. Gov.
Deval L. Patrick held back a vote on the Looney & Grossman litigator
before ultimately withdrawing and resubmitting his nomination, which
allowed Berman to have a second hearing before the council and a
chance to address a myriad of concerns from his hefty political
donations to his leadership positions in the Anti-Defamation League.
With last year's resignation of Lt. Gov. Timothy P. Murray, there was
no one to break today's tie. Patrick presided over the meeting. The
governor said he accepted the outcome, but read a statement that
expressed support for Berman and disappointment in council members.
Patrick said it was "unprecedented and unfair" for a judicial nominee
to be punished for his involvement in politics and service
organizations.
"I think this is a sad day for the council," council member Michael J.
Albano said. "It's amazing that we're talking about Mr. Berman's
affiliation with an organization that does good things."
Council member Jennie L. Caissie said her primary motivation in voting
against the Boston lawyer was the size of his political donations.
"I will not be part of the reality or the perceptions that judgeships
are for sale in Massachusetts," she said.
Council member Marilyn Pettito Devaney said she remained concerned
about a call Berman placed to now-U.S. Rep. Katherine M. Clark on the
morning before his first confirmation hearing in November. Berman
initially denied calling any elected officials in connection with his
nomination when questioned about it in November before acknowledging
it when asked again later. Berman apologized at his second hearing on
Feb. 26 and said he initially misunderstood the question to pertain to
whether he placed any calls before applying to the Judicial Nominating
Commission. Devaney was not convinced.
"He lied," she said. "Nothing else counts. He lied."
Issue: March 10, 2014