Tag Archives: Justice Ralph Gants

End of Session Rush

July 31st marks the end of formal sessions for the second half of the two-year 2013-2014 legislative session.  With only 56 days left, the Legislature will continue to meet in informal session through December.  This generally means that the legislature will only consider non-controversial matters until the next two-year legislative session begins again in January 2015. 

There’s a lot of work to be done in the next eight weeks – and state budget conferees met for the first time on Tuesday.  In addition to the two Chairs of the Joint Committee on Ways and Means, the other members of the conference committee are Representatives Kulik and deMacedo and Senators Flanagan and Ross.  This group is charged with devising a consensus fiscal 2015 budget based on the previously approved House and Senate budgets.  One issue before the conference committee is funding for the MLAC line item.  The House recommended $15 million and the Senate recommended $14 million.  We hope that the conferees will decide to hold onto the House recommended appropriation of $15 million.  The final recommendations of the conference committee are not subject to amendments when presented to the House and Senate for final approval. 

While the conference committees work, the legislative committees –including the Joint Committee on the Judiciary – are reviewing the hundreds of bills that are still active before them.  In the upcoming weeks we hope to see some movement on bills that we have been working on all session.   

Governor’s Council Update

Last week was the second day of Justice Ralph Gants’s Governor’s Council hearing on his nomination for Chief Justice of the SJC.  This provided Justice Gants an opportunity to directly address the Governor’s Councilors.  He began with a presentation, talking about his family (the above video starts about a minute into his speech, as he discusses his mother), his love of baseball, his work on access to justice issues, and his growth as an individual and jurist.  He broke his judicial philosophy down to the following three points:

  • It is important to look at the language of the statute along with the legislative history and its context in order to fulfill legislators’ wishes.
  • The Constitution is a “living, breathing” document that remains relevant with modern interpretations.
  • Society needs clear lines in administering law in the real world and the assurance of actual justice, not just the illusion of justice.

Questions from the Governor’s Councilors took the rest of the day.  Topics ranged from the specifics of court administration to exploring the need for oversight of the Chief Justice of the SJC, the Chief Justice’s role as a lobbyist for the Courts, and Gants’s philosophical opinions on the death penalty, gay marriage, abortion, the citizen petition process, and drug addiction.

This week was the third day of his confirmation hearing before the Governor’s Council.  Justice Gants was asked about recent SJC decisions on juvenile life without parole as well as his position on privacy issues that might be raised in gun reform legislation. 

Speaker’s Gun Control Bill

Speaker Robert DeLeo’s gun violence prevention legislation, House Bill 4121, was the subject of a public hearing this week and is expected to be taken up by the full House of Representatives as early as next week.  Senate President Therese Murray has also said publicly that the Senate will debate gun reform before the session ends. 

The BBA’s Gun Control Working Group also conducted a lengthy study on gun reform.  The BBA’s group met between April and July 2013, and reviewed all of the then-filed gun control legislation, roughly 60 bills.  The BBA’s Working Group was comprised of attorneys with diverse backgrounds including gun owners, civil libertarians, a prosecutor, criminal defense attorneys, a law professor, and health law experts.  The Working Group came up with a set of principles designed be a lens through which any new gun law should be considered.    

We will continue to monitor the gun control bill as it goes through the legislative process and the nomination process for the new SJC chief justice.  Justice Gants’s nomination could come up for a vote as early as June 11.   

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
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A Judge’s Judge: Justice Gants’s Governor’s Council Hearing

Wednesday’s Governor’s Council meeting featured a full day of testimony for Supreme Judicial Court chief justice nominee Justice Ralph Gants.  Gants, who is the youngest member of the court, could serve for 10 years if approved until he turns 70 in 2024.  Retiring Chief Justice Roderick Ireland has been chief since December 2010 and plans to retire on July 25th. The SJC’s new term starts in September.

Justice Gants chairs the Access to Justice Commission.  In this role, he has worked hard to find ways to provide everyone with equal ability to have their cases heard in court, regardless of their income or native language.  He was an advocate for the creation of soon-to-be-installed pilot court service centers, which will help unrepresented litigants find their way through the court system and he is a leader in exploring ways to eliminate the justice gap, such as through law school incubator programs.

Members of the Governor’s Council had broad and wide-ranging questions for the individuals who testified.  One Councilor commented that Justice Gants would be chief for a decade without review and questioned whether or not the chief justice should face further review or re-nomination procedures like the chief judges of the lower courts.  Another Councilor raised the issue of whether or not justices of the SJC should contribute to their own pensions.  A third asked one of Justice Gants’s Access to Justice Commission peers about the potential for mandatory pro bono in Massachusetts. 

Witnesses at Wednesday’s hearing included SJC Chief Roderick Ireland, Greater Boston Legal Services Executive Director Jacqui Bowman, Chief Justice of the Superior Court Barbara Rouse, several other judges and several people who have worked directly for Justice Gants.  They raved about Justice Gants’s intellect, work ethic, humor, and commitment to access to justice issues.  He was called an independent and open-minded thinker who values the opinions of others and has a deft ability to connect with everyone from indigent pro se litigants to court staffers, his peers on the bench, and high profile attorneys. 

Chief Justice Barbara Rouse summed up Justice Gants’s well-rounded persona when she spoke of his time serving as Administrative Justice of the Superior Court’s Business Litigation Session.  This session focuses on complex business issues and is known for the challenges it presents to judges.  It is extremely paper intensive – litigants often wheel in bankers’ boxes filled with papers for hearings.  It requires an exacting judge capable of reading masses of documents, understanding complicated business issues and handling the egos of some of the nation’s top attorneys. 

Unsurprisingly, Justice Gants was a standout, helping to grow the business litigation session into the standard for other states to emulate.  Some companies even incorporate the business litigation session into contracts as their default chosen forum for disputes.  Yet, at this time, Justice Gants remained equally committed to hearing pro se cases in other court sessions and also served as an emergency judge when needed.  Despite having one of the most labor-intensive judicial seats in a rapidly growing and renowned session, he did not believe he was owed any special privilege.  His commitment both to the courts and to underprivileged litigants remained unwavering.

Testimony for and against Justice Gants lasted all day and will continue next Wednesday. 

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
Comments are disabled for this blog. To submit your comments please e-mail  issuespot@bostonbar.org 

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