A Blogster's Miscellany: Thoughts on Judges, Living and Gone, and on a Former AG

Friday, February 19, 2016

LET’S HEAR IT FOR POLITICS.  Justice Robert J. Cordy has received some serious praise since announcing earlier this month his intention to leave the Massachusetts Supreme Judicial Court this summer, three years before he would have had to retire at age 70.  Martin W. Healy, chief legal counsel to the Massachusetts Bar Association, hailed Cordy as “a leading voice on criminal justice issues and an intellectual powerhouse on constitutional law,” and said, “Justice Cordy has played a vital role in modernizing court operations, which will leave a lasting legacy on the administration of justice for years to come.”  Ralph Gants, chief justice of the Massachusetts Supreme Court, told a reporter for The (Springfield) Republican newspaper and MassLive web site that Cordy’s productivity on the court is “the stuff of legend,” adding, “He (Cordy) leaves an enduring legacy as a justice of this court, not only because of the over 360 carefully crafted and reasoned majority opinions he has authored so far, but also because of the countless unseen contributions he has made to maintain the excellence of this court.”  Cordy has a double-barreled Ivy League education: an undergraduate degree from Dartmouth and a doctor of laws from Harvard.  He had a successful career in private legal practice and served with distinction as managing partner of the Boston office of McDermott, Will & Emery, an international law firm.  However, he never served as a judge before being nominated for the supreme court in late-2000 by Gov. Paul Cellucci, God rest his soul.  Thus it’s impossible to imagine him getting to the top court had it not been for his prominence in Republican circles and his cachet within the Weld-Cellucci administration, which preceded the Cellucci-Swift administration.  Cordy was Gov. Weld’s chief legal counsel for three years in the early-Nineties.  (The legal counsel, I should point out, is definitely not a part of a governor’s political apparatus. Those holding the job dispense legal advice to the governor and work to ensure that the administration functions properly, from a legal standpoint, across the board.  They’re prized most for their legal acumen; should they possess political skills, all the better.)  The Governor’s Council confirmed Cordy’s appointment to the court on a unanimous 8-0 vote in early-January, 2001.  A number of Democrats endorsed him during his confirmation hearing, including then House Speaker Tom Finneran and former Attorney General Frank Bellotti.  “I hope you will learn I am fair-minded.  I am not by nature a partisan person or one who’s afraid of responsibility,” Cordy told the Council, according the account of the hearing from the files of the State House News Service.  That they did. Cordy will end his public service as a total judicial success, with not a single blemish – and many a high point -- on his long (15 years-plus) SJC record.  He will also leave as a living-breathing refutation of the view that our political system can’t ever get anything really right.  It was good GOP politics that made Bob Cordy Mr. Justice Cordy.  And good justice.

SPEAKING OF JUDGES, WHAT’S THE DUKE THINKING?  Michael Dukakis is doing his usual winter stint as a professor at UCLA, which is where Slate’s Isaac Chotiner caught up with him earlier this week to get his views on the late US. Supreme Court Justice Antonin Scalia, who was a classmate of Dukakis’s at Harvard Law, and on other subjects of current interest.   I was happy to see that age has not mellowed our former governor, who is 82 and hasn’t lost anything off his fastball.  Chotiner asked, “How well did you know Scalia at law school?” Dukakis said, “Not well…in those days, Isaac, we had a class of 475 that was divided in thirds.  So you got to know your section very well.  But I didn’t know who Scalia was until the last semester of my last year, when I took a class called Federal Courts and the Federal System, with a great man named Henry Hart.  It is 1960.  We are in the middle of the civil rights revolution. And there’s this guy in class who begins engaging Professor Hart every day in these long dialogues over whether it was appropriate for federal judges to reach in and take cases away from Southern criminal courts, in cases where, as everyone knew, if you were a black defendant, forget it.  And this went on for about three weeks.  I finally turned to the guy next to me and said, ‘Who the hell is that guy?’ He said, ‘That’s Scalia, he’s on the law review.’  And I said, ‘Does he know what it’s like to be black in the South?’  A bright guy – yeah.  But he was to the right of Marie Antoinette for Christ’s sake.  There was no consistency in his so-called philosophy.  Money is corporate speech.  This is all preposterous.”  I strongly recommend you read the entire Chotiner-Dukakis interview. Go to:
http://www.slate.com/articles/news_and_politics/interrogation/2016/02/michal_dukakis_on_the_bush_family_antonin_scalia_and_donald_trump

WITH ALLIES LIKE THAT, COAKLEY NEEDS NO ENEMIES. Martha Coakley, a former Massachusetts attorney general, might have evinced interest in the outcome of a plan to oust Margaret McKenna, president of Suffolk University, in the slightest of ways.  A nod of her head during a conversation over coffee or a murmured “Umm, umm” over the phone could have done it.  It’s not hard to see why she may have been interested.  Coakley is a good and honest person.   No doubt she was sincerely sorry to learn that President McKenna might soon be out of work.  But that sorrow would not have kept Coakley, or most people, for that matter, from entertaining the idea of succeeding McKenna.  Most everyone in that situation would have reasoned that, if McKenna is leaving, someone is going to replace her, so why not me?  And by now everyone who follows the news is familiar with the story of the embattled university president who survived a coup attempt.  On Jan. 29, you will recall, the Boston Globe published an article stating: “Suffolk University president Margaret McKenna, whose short tenure has been marked by tumultuous relations with the school’s governing board, has been told privately that the board has the votes to fire her if it chooses and has been asked to resign, according to a (never identified) person close to the university.”  The article also said: “At the same time, the board is in negotiations (emphasis added) with former state attorney general Martha Coakley to take over as president, according to the same (unidentified)person, and confirmed by a second person briefed on the developments.”  Coakley, the article said, had not returned calls from the newspaper seeking her comments on the matter.  The Globe story was obviously planted by someone on the Suffolk board who hoped the publicity would scare McKenna into concluding her situation was hopeless and deciding to resign in order to avoid being fired.  It was a bluff. McKenna called it.  Soon, an impressive array of persons and groups materialized in her defense.  The tide turned quickly in her favor.  Around Day 3, Coakley made her first public comment, announcing she was not a candidate for the Suffolk presidency and not  interested in the job.  One can infer that Coakley had come under pressure from friends, acquaintances and random budinskis, who wondered: Why do you want to be associated with the ouster of a woman college president who has been on the job only seven months and is being railroaded by the old boys on the board? The situation culminated with surprising rapidity in an agreement between the university and McKenna, which stipulated that the chair of the board would leave the board when his term expired shortly and that McKenna would keep her job for another 18 months.  My wish for McKenna is that, 18 months hence, when the makeup of the Suffolk board is likely to be substantially different from what it is today, she’ll be granted a three-year contract extension.  Things at Suffolk could be going so swimmingly by then they'll have to implore President McKenna to stay.

 

 

 

 

 

 

 




 
LET’S HEAR IT FOR POLITICS!  Justice Robert J. Cordy has received some serious praise since announcing earlier this month his intention to leave the Massachusetts Supreme Judicial Court this summer, three years before he would have had to retire at age 70.  Martin W. Healy, chief legal counsel to the Massachusetts Bar Association, hailed Cordy as “a leading voice on criminal justice issues and an intellectual powerhouse on constitutional law,” and said, “Justice Cordy has played a vital role in modernizing court operations, which will leave a lasting legacy on the administration of justice for years to come.”  Ralph Gants, chief justice of the Massachusetts Supreme Court, told a reporter for The Republican newspaper and MassLive web site that Cordy’s productivity on the court is “the stuff of legend,” adding, “He (Cordy) leaves an enduring legacy as a justice of this court, not only because of the over 360 carefully crafted and reasoned majority opinions he has authored so far, but also because of the countless unseen contributions he has made to maintain the excellence of this court.”  Cordy has a double-barreled Ivy League education: an undergraduate degree from Dartmouth and a doctor of laws from Harvard.  He had a successful career in private legal practice and served with distinction as managing partner of the Boston office of McDermott, Will & Emery, an international law firm.  However, he never served as a judge before being nominated for the supreme court in late-2000 by Gov. Paul Cellucci, God rest his soul.  Thus it’s impossible to imagine him getting to the top court had it not been for his prominence in Republican circles and his cachet within the Weld-Cellucci administration, which preceded the Cellucci-Swift administration.  Cordy was Gov. Weld’s chief legal counsel for three years in the early-Nineties.  (The legal counsel, I should point out, is definitely not a part of a governor’s political apparatus. Those holding the job dispense legal advice to the governor and work to ensure that the administration functions properly, from a legal standpoint, across the board.  They’re prized most for their legal acumen; should they possess political skills, all the better.)  The Governor’s Council confirmed Cordy’s appointment to the court on a unanimous 8-0 vote in early-January, 2001.  A number of Democrats endorsed him during the confirmation hearing, including then House Speaker Tom Finneran and former Attorney General Frank Bellotti.  “I hope you will learn I am fair-minded.  I am not by nature a partisan person or one who’s afraid of responsibility,” Cordy told the Council, according the account of the hearing from the files of the State House News Service.  That they did! Cordy will end his public service as a total judicial success, with not a single blemish – and many a high point -- on his long (15 years-plus) SJC record.  He will also leave as a living-breathing refutation of the view that our political system can’t ever get anything really right.  It was good GOP politics that made Bob Cordy Mr. Justice Cordy.  And good justice.
SPEAKING OF JUDGES, WHAT’S THE DUKE THINKING?  Michael Dukakis is doing his usual winter stint as a professor at UCLA, which is where Slate’s Isaac Chotiner caught up with him earlier this week to get his views on the late US. Supreme Court Justice Antonin Scalia, who was a classmate of Dukakis’s at Harvard Law, and on other subjects of current interest.   I was happy to see that age has not mellowed our former governor, who is 82 and hasn’t lost even a bit off his fastball.  Chotiner asked, “How well did you know Scalia at law school?” Dukakis said, “Not well…in those days, Isaac, we had a class of 475 that was divided in thirds.  So you got to know your section very well.  But I didn’t know who Scalia was until the last semester of my last year, when I took a class called Federal Courts and the Federal System, with a great man named Henry Hart.  It is 1960.  We are in the middle of the civil rights revolution. And there’s this guy in class who begins engaging Professor Hart every day in these long dialogues over whether it was appropriate for federal judges to reach in and take cases away from Southern criminal courts, in cases where, as everyone knew, if you were a black defendant, forget it.  And this went on for about three weeks.  I finally turned to the guy next to me and said, ‘Who the hell is that guy?’ He said, ‘That’s Scalia, he’s on the law review.’  And I said, ‘Does he know what it’s like to be black in the South?’  A bright guy – yeah.  But he was to the right of Marie Antoinette for Christ’s sake.  There was no consistency in his so-called philosophy.  Money is corporate speech.  This is all preposterous.”  I stromgly recommend you read the entire Chotiner-Dukakis interview. Go to:
WITH ALLIES LIKE THAT, COAKLEY NEEDS NO ENEMIES. Martha Coakley, a former Massachusetts Attorney General, might have evinced interest in the outcome of a plan to oust Margaret McKenna, president of Suffolk University, in the slightest of ways.  A nod of her head during a conversation over coffee or a murmured “Umm, umm” over the phone could have done it.  It’s not hard to see why she may have been interested.  Coakley is a good and honest person.   No doubt she was sincerely sorry to learn that President McKenna might soon be history.  But that would not have kept Coakley, or most people, for that matter, from entertaining the idea of succeeding McKenna.  Most everyone in that situation would have reasoned that, if McKenna is leaving, someone is going to replace her, so why not me?  By now, everyone who follows the news in Massachusetts is familiar with the story of the embattled university president who survived a coup attempt.  On Jan. 29, the Boston Globe published an article stating: “Suffolk University president Margaret McKenna, whose short tenure has been marked by tumultuous relations with the school’s governing board, has been told privately that the board has the votes to fire her if it chooses and has been asked to resign, according to a person close to the university.”  The article also said: “At the same time, the board is in negotiations with former state attorney general Martha Coakley to take over as president, according to the same person, and confirmed by a second person briefed on the developments.”  Coakley, the article said, had not returned calls from the newspaper seeking her comments on the matter.  The Globe story was obviously planted by someone on the Suffolk board who hoped the publicity would scare McKenna into concluding her situation was hopeless, and that she should resign and quietly go away.  It was a bluff; McKenna called it.  Soon, an impressive array of persons and groups came to her defense.  The tide turned quickly in her favor.  Around Day 3, Coakley made her first public comment, announcing she was not a candidate for the Suffolk presidency and not interested in the job.  One can infer that Coakley had come under pressure from friends, acquaintances and random budinskis, who wondered, Why do you want to be associated with the ouster of a woman college president who has been on the job only seven months and is being railroaded by the old boys on the board? The situation ended with an agreement between the university and McKenna stipulating that the chair of the board would leave the board when his term expired shortly and that McKenna would keep her job for another 18 months.  My wish for McKenna is that, 18 months from now, when the makeup of the Suffolk board is likely to be substantially different from what it is today, she’ll be granted a three-year contract extension.  Things could be going so well at Suffolk by then that they will have to ask her to stay.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 





 

 

 

 

 

 

 

 

 

 

 

 

 

No comments:

Post a Comment