Have you heard that Holyoke police chief Anthony Scott has a bit of a problem with judges?
We're going to assume you have. Indeed, unless you've spent the last several years living under a newspaper- and TV-free rock, it would be hard to miss Scott's campaign against what he calls an excessively lenient court system that undercuts the work of the police.
The chief regularly raises a rumpus whenever he feels judges have set bail too low or imposed too-light sentences. And the media is always there to cover that rumpus—including, last week, the Boston Globe, which ran a profile of Scott and his "one-man crusade against what he says is a broken judicial system." At the heart of that crusade is Scott's proposal that judges be elected, rather than appointed by the governor, to make them more accountable to the public for their rulings.
Scott's campaign is certainly attention-grabbing. Earlier this summer he called for a picket of courthouses, after a Holyoke man, who was free while awaiting sentencing on a drug conviction, became the victim of the city's first homicide of the year during what police say was a drug deal gone bad. (Scott dropped the picket plan after learning it is illegal to picket at courthouses in an attempt to influence judges.)
He's also suggested, among other colorful proposals, that shoplifters be put in stockades set up in shopping centers, wearing signs labeling them thieves.
But coverage of Scott's campaign is usually light on one key element: an opposing voice. Sitting judges are legally prevented from speaking publicly about cases. And while Scott's critics do make their voices heard—in April, the Holyoke City Council passed a non-binding resolution opposing the election of judges—they're usually drowned out by the more animated arguments of the chief.
A group of local lawyers would like to change that. In a recent letter to members, Mark Albano, president of the Hampden County Bar Association, announced plans to invite Scott to a public forum to discuss the issue of electing judges.
"The various accusations and proposals made by Chief Scott are all very serious and quite troubling," Albano wrote. "They go to the heart of our justice system and the rule of law at its core: the right of all to a fair hearing before an impartial judge who is untainted by money or special or extraneous interests."
This spring, state Sen. Michael Knapik, whose district includes Holyoke, filed legislation on behalf of the chief that calls for a modified system of electing judges in Massachusetts. Under the bill, judges would be appointed to an initial six-year term by the governor, but would have to be re-elected by the public to any additional six-year terms.
In his letter to the bar association, Albano outlined a number of concerns about this proposal. "In states where judges are elected, there had been a distinct tendency towards money- and special interest-driven judicial races, complete with sound [bites], attack ads, spin and all of the other indicia of common partisan politics," he wrote. "This sort of low political behavior is bad enough in campaigns for legislatures and statehouses. It is a recipe for disaster in the context of Massachusetts courthouses."
At deadline, Albano told the Advocate he had left a couple of messages with Scott inviting him to a forum, but had not yet received a reply. (The Advocate also left a message with an aide to Scott, who at deadline had not responded.) But Albano is moving ahead optimistically; he's already contacted Jim Madigan, host of WGBY's public affairs show The State We're In, about hosting the forum, he said. He also hopes Knapik will participate in the forum.
Albano made it clear that he envisions a measured, thoughtful debate, not a Fox News free-for-all. "I don't want it to be like we're taking sides, although I think the legal profession will come down on the side of not electing judges," he said. "But I don't want it to be a foregone conclusion. … We just thought it was a good opportunity to work toward our mission, which really is to improve the administration of justice."
