Last month we explained the work of the Judicial Nominating Commission (JNC) – the first layer of review for judicial nominees. Here, we take a closer look at the Joint Bar Committee (JBC), the next critical step in the process.
If the JNC, after their thorough review and vetting process, recommends an applicant for appointment to a judgeship, the Governor’s Chief Legal Counsel then seeks the input of the JBC. The JBC, formally established in 1961, acts as an independent reviewer to check the qualifications of individuals under consideration for appointment to judgeships by the Governor. It is governed by a set of rules, which state its purpose is to “review, evaluate and report” on the qualifications of potential appointees, in order to assure a “competent, principled judiciary.”
The JBC is a 25 member committee chaired on an alternating basis by representatives of the Boston Bar Association and the Massachusetts Bar Association. It is comprised of a diverse body of practitioners from every county and a majority of specialty bar associations within the state. Members of the committee are non-partisan and generally serve for staggered three-year terms. Participating bar associations are encouraged to appoint persons of diverse gender, age, race, color, creed, ethnic origin and sexual preference, as well as persons with disabilities and attorneys of varying experience. The BBA’s representatives are currently Edward Colbert, the Committee’s Chair, Sara Shanahan, and Adam Sisitsky. (Here is a full list of the Committee’s members.)
The JBC assists the Governor and the Governor’s Chief Legal Counsel by conducting its own independent review of judicial candidates in a confidential capacity, evaluating their integrity, character and reputation, knowledge of the law, professional experience, temperament, diligence, financial responsibility, and public service. Upon completion of its due diligence process, the JBC calls a confidential, blind vote of its members to determine whether a candidate is “well-qualified,” “qualified,” “not qualified,” or there is “insufficient information to evaluate” the candidate. A quorum of 13 members of the JBC is required to vote on a judicial candidate’s qualifications.
In the event that the JBC has returned a vote of “not qualified” or “insufficient information,” the chair must then immediately notify the candidate of the vote and afford the candidate an opportunity to be interviewed by the committee. Following an interview, the JBC members may then reconsider their prior vote, if the majority of the members present and voting elect to conduct a revote.
After this vetting process has been completed, the Governor is free to either nominate or decline any applicant, to seek further recommendations from the Judicial Nominating Commission, or to re-open the application process. When he is satisfied with the candidates, the Governor then makes his or her nominations to the Governor’s Council for their approval.
As we said in last month’s post, the process is built to ensure that only the best candidates become judges. However, it all begins with you. In order to have the best judges at the end of the process, the best candidates need to apply at the beginning. We hope that you will spread this message to anyone who may be considering applying to become a judge in Massachusetts.
– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association