Michael Albano: The Governor’s Council got it right on SJC

Appeals Court Associate Justice Gabrielle R. Wolohojian takes a break as she testifies before the Governor’s Council on her nomination to the state’s highest court at the State House, Wednesday, Feb. 21, 2024, in Boston. AP FILE PHOTO/STEVE LEBLANC

Published: 03-18-2024 4:34 PM

Modified: 03-18-2024 8:12 PM

The Governor’s Council recently voted 6-1 to elevate Gabrielle R. Wolohojian, an appellate court justice, to the Supreme Judicial Court. A 16-year veteran of the Appeals Court, Wolohojian is Gov. Maura Healey’s second appointee to the SJC, replacing Justice David Lowy. In my view, the council got it right.

During my time on the Governor’s Council, I had the honor of voting to confirm the nominations from Govs. Deval Patrick and Charlie Baker of Justices Lowy, Geraldine Hines, Kimberly Budd, Frank Gaziano, and Ralph Gants as the chief justice; and voted to confirm Serge Georges Jr. and Scott Kafler, who are now SJC justices, to lower court positions.

It can be argued that Justice Wolohojian has more judicial experience than all of the current and past justices mentioned, all of whom are extraordinary legal talents, having written 900 decisions and presiding over 2,700 cases since her appointment to the Appeals Court in 2008 by Patrick. The so-called “elephant in the room” — Wolohojian’s past relationship with the governor and the appearance of a conflict — is directly answered by her record on the Appeals Court, where she recused herself from voting on matters when Healey was the attorney general.

No decision-maker, at any level, from school committee to the SJC, enjoys recusing themselves on matters of public policy or court orders. The fact that Wolohojian recused herself on numerous occasions speaks volumes to her character and integrity. Recusal is always on a case by case basis, so there is no need for the new justice to issue a blanket recusal on all matters involving the governor’s administration, especially in light of their relationship ending in 2019.

I commend Gov. Healey for this outstanding nomination to the SJC. It took great courage knowing there would be a political backlash. And, to the Governor’s Council, for getting it right

. (Michael Albano is a former Governor’s Councillor, serving western Massachusetts from 2013 to 2017)

Michael Albano

Former Governor’s Council member serving western Massachusetts, Longmeadow

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