Dear Governor's Council:
The Boston Bar Association (the "BBA") respectfully requests your careful
consideration of a judicial candidate's extensive and distinguished record as a
lawyer, as well as his other professional accomplishments, before voting on any
judicial appointment. The BBA, a voluntary, non-partisan organization of
more than 10,000 members, does not endorse judicial candidates. This letter
does not constitute an endorsement of any judicial nominee. We write
instead to address three issues that are pertinent to judicial nominations in
general.
First, we have great confidence in the process that precedes your examination
of judicial candidates. Notably, the ability of our system to produce
judges of the highest caliber depends on the continued willingness of talented
lawyers, with experience in serving their communities to step forward and submit
themselves to a searching assessment of their fitness for judicial
service. As members of the Governor's Council, each of you is called upon
to give thoughtful consideration to the qualifications of every judicial nominee
who comes before you at the ultimate stage in this process.
Second, it is a tenet of the legal profession that lawyers have a broad
responsibility to serve their community, in many different capacities. Any
automatic imputation by association to a judicial nominee of institutional
positions taken by a charitable organization which that nominee has
served - and most especially such positions with which that nominee has
expressly disagreed - would be unfair and inappropriate, and could damage
the judicial confirmation process itself. Qualified candidates for the
bench who participate in organizations that take positions on public issues that
might be controversial to some will be inhibited from applying to become
judges. Others who might want to become judges would be deterred from
joining possibly controversial organizations that would benefit from their time
and talents.
Third, society and the cause of justice benefit greatly from the willingness
of lawyers to represent persons of limited means on a pro bono basis.
Legal representation for all criminal defendants is one of the pillars of our
justice system and of our democracy. Representing an unpopular defendant,
especially on a pro bono basis, has always been an honorable thing for a lawyer
to do, and should not disqualify anyone from the bench.
In conclusion, the most fundamental ideal of law and democracy is that
everyone has a voice. We urge you to use yours with the wisdom,
circumspection, and considerations of fairness befitting your position. The
Boston Bar Association requests that all of these factors be taken into account
in evaluating all judicial candidates.
Very truly yours,
Paul T. Dacier
President