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Letter from Governor's Councillor: Setting the record straight

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  • Letter from Governor's Councillor: Setting the record straight

    Wicked Local- Weston, MA
    Feb 22 2014


    Letter from Governor's Councillor: Setting the record straight

    As Governor's Councillor, I must address some very misleading
    information concerning Joseph Berman's nomination for Superior Court
    judgeship. I take no joy in this.

    By Marilyn M. Petitto Devaney
    Posted Feb. 21, 2014 @ 4:44 pm
    Updated Updated at Feb 21, 2014 at 4:45 PM

    TO THE EDITOR:

    As Governor's Councillor, I must address some very misleading
    information concerning Joseph Berman's nomination for Superior Court
    judgeship. I take no joy in this.

    Following Mr. Berman's' Nov. 13 hearing, five of eight councilors
    advised Gov. Deval Patrick in writing that we would vote against Mr.
    Berman's nomination. The governor has not allowed the vote to be taken
    for three months now.

    Councillor Robert Jubinville asked Mr. Berman, who was under oath,
    whether he had contacted any official or candidate to lobby the
    councillors on his behalf, including anyone on his $110,000 political
    donor list. He replied "no." The question was asked again. Mr. Berman
    replied, "Absolutely not."

    When questioned again by Councillor Jen Caissie, Mr. Berman replied,
    "Oh, I didn't know you meant today." He admitted calling Congressional
    candidate Katherine Clark that very morning to call Councillors
    Michael Albano and Jubinville. Why the lies? Honesty is paramount for
    a judge. Mr. Berman has contributed $3,600 to Ms. Clark. Mr. Berman
    stated Sen. Clark agreed to make calls.

    After Mr. Berman was not approved for a District Court judgeship by
    the Judicial Nominating Commission in 2004, he gave $110,000 in
    campaign contributions to state and federal candidates, in addition to
    fundraising right up to the present application for Superior Court.
    The timing and size of these contributions have understandably created
    a public perception of improper influence in his pursuit of a
    judgeship.

    Mr. Berman lacks criminal trial experience in Superior Court. He has
    done nothing to educate himself on criminal law, as he admitted.
    Councillor Jubinville asked how many trials he has had in District
    Court. He replied, "I think I had one or two."

    The majority of Councillors believe Mr. Berman's deportment at the
    hearing was unacceptable for a judge.

    Councillor Jubinville asked Mr. Berman, "In your opinion, is drug
    addiction medical or criminal?" Mr. Berman shot back sarcastically,
    "I'm not a doctor," and added, "No one in my family is drug addicted."
    Respectful demeanor and composed temperament on the bench are
    essential. Mr. Berman's lack of knowledge and experience in this
    crucial legal area is of significant concern to council majority.

    When nominees appear before the council, their presentation concerns
    their qualification to be a judge. Mr. Berman is the only nominee who
    boasted about his political organizational skills. He spoke about
    running offices of candidates, organizing fundraising, organizing
    workers, "strategizing with people."

    Are political skills a quality to look for in a judge? Mr. Berman has
    definitely proven his political skills in his ongoing politicking for
    this judgeship. I know of people he has lobbied. However, solid and
    relevant legal experience, not campaign experience, is what the public
    and Governor's Councillors expect in a judge.

    Regarding National Anti-Defamation League (ADL) and Armenian Genocide
    recognition, I fault Mr. Berman, 19-year member of the ADL New England
    and national commissioner, for never publicly speaking out against the
    national ADL's direct collaboration with the Turkish government
    against genocide recognition long before, during and after the issue
    broke in 2007, as he acknowledged at his hearing.

    On Aug. 14, 2007, after learning of ADL's years of successful lobbying
    in defeating Congressional resolutions recognizing the Armenian
    Genocide, I authored a proclamation to withdraw Watertown from the
    ADL's "No Place for Hate" program. I won the support of many
    communities that also withdrew, including Newton. Mayor David Cohen
    publicly spoke out strongly against the ADL's discrimination against
    the Armenians.

    Mr. Berman neither spoke out publicly nor resigned. New England ADL
    Director Andrew Tarsy spoke out publicly and honestly and as a result
    was fired. Contrastly, Mr. Berman received leadership awards from the
    ADL.

    In 2007, prominent ADL members resigned, including Stewart L. Cohen
    and Boston City Councillor Mike Ross, whose father survived
    concentration camps in the Holocaust. Many principled Jewish Americans
    (including rabbis) spoke out publicly as well. I stated that if I was
    a member of an organization that opposed a Holocaust resolution and
    did not recognize it as a holocaust I would resign.

    The national ADL has still not unambiguously acknowledged the Armenian
    Genocide. New England ADL Director Derek Shulman said in 2012 that the
    ADL will not support a Congressional resolution on the Armenian
    Genocide.

    Finally, some media took my comment about the ADL out of context.
    Please listen to the tape of the hearing at the Governor's Council
    office. At the conclusion of the hearing, I stated that though I have
    a "bias" against the ADL for depriving the Armenians of their history,
    I would have an "open mind regarding Mr. Berman."

    I am proud of the unbiased attention and respect that Councillors and
    I have for nominees such as Mr. Berman. Thank you. - Marilyn M.
    Petitto Devaney, Governor's Councillor



    http://weston.wickedlocal.com/article/20140221/NEWS/140228913/12457/OPINION

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