Mass. Governor’s Councilors say Judge Wolohojian’s ties to Healey irrelevant
A pair of elected officials tasked with confirming judges in Massachusetts criticized efforts to tie Appeals Court Judge Gabrielle Wolohojian’s suitability for a vacant position on the state’s highest court to her former romantic relationship with Gov. Maura Healey.
The Governor’s Council, which routinely approves judicial recommendations from the governor, is next in line to review Wolohojian’s qualifications for an open seat on the Supreme Judicial Court that was vacated this month by Justice David Lowy, who took a job at the University of Massachusetts.
Councilor Eileen Duff, who is serving her last council term after deciding to run for Essex County Register of Deeds, said Wolohojian “is literally the most qualified person, man, or woman in the entire commonwealth to sit on this court.”
“I think it is vastly unfair that people keep focusing on a past romance that is long ago and far away instead of her actual body of work. It’s a little bit perplexing to me and I wonder if there’s some double standard here,” she told the Herald on Thursday. “It’s the first time we’ve had a gay governor, right, I get it, but smart people hang around with smart people. And sometimes smart people date really smart people.”
Wolohojian, an Appeals Court judge for 16 years who has an extensive background in the local legal community, earned Healey’s nomination Wednesday after a five-member commission that included Healey’s Chief of Staff Kate Cook and Chief Legal Counsel Paige Scott Reed unanimously recommended Wolohojian to the governor.
Three councilors said the Governor’s Council is tentatively scheduled to hold a hearing on Wolohojian’s nomination on Feb. 21. A spokesperson for Healey confirmed the hearing is scheduled for Feb. 21, at 10:30 a.m.
Healey argued her former romantic partner was the only person qualified for the job, though she declined to say if there were other people under consideration. Speaking to reporters outside her office, Healey said her personal relationship with Wolohojian actually gives her better insight into the judge’s character.
“Of course, I had a personal relationship with Judge Wolohojian for many years so I happen to also know something about her character and integrity and the kind of person she is,” Healey said, adding there was no one else more qualified “according to the committee.”
But the move has raised at least one objection from MassGOP Chair Amy Carnevale, who said Wednesday that Healey should withdraw her “highly inappropriate” nomination of Wolohojian and the Governor’s Council should reject it.
Councilor Tara Jacobs said she has not yet formed an opinion yet on Wolohojian, but said the “vast majority” of calls she has received about the judge have been “incredibly enthusiastic and excited,” though some people “who generally don’t know her” are not pleased with the nomination.
Jacobs said she does plan to ask Wolohojian about her past relationship with Healey, including the judge’s own perception of what impact, if any, it could have on her work.
“I want to understand will there be cases coming out of the AG’s office or from governor interaction that she’ll need to recuse herself. I want to understand that,” Jacobs told the Herald. “So it’s a question, I haven’t formed an opinion yet. It’s a question. I’ll form an opinion. But I’m in that place of just really exploring.”
Healey said Wednesday that Wolohojian will not have to recuse herself from cases before the Supreme Judicial Court.
“Well, in fact, Justice Wolohojian currently presides and has presided over matters involving state agencies and the executive office and there’s no reason for that to change,” Healy said.
Marty Murphy, a litigation partner at Manatt, Phelps, and Phillips, served as a member on the Supreme Judicial Court Nominating Commission and told the Herald that the group did their best “to take our job very seriously, look carefully at all of the candidates.”
He declined to say how many people applied for the position, though he said it was an open application process and the group looked “carefully at all of the applications we received.”
Murphy said Wolohojian was the only candidate recommended to the governor by the commission, which also included former SJC Justice Geraldine Hines and Mary Strother, chief legal, compliance, and risk officer for Northeastern University.
“She was just an exceptionally hard worker and I think that’s an important thing because it’s a hard job,” Murphy said of Wolohojian. “You really have to love it, put in the time, and I certainly know that everyone will be able to count on her to do that.”
Councilor Terrence Kennedy, the governor’s councilor, said he is not sure yet how he will vote on Wolohojian’s nomination but made clear he will not focus on the judge’s past relationship with the governor and instead look to her professional qualifications.
Kennedy said he sat down with Duff and Wolohojian “many years ago” to discuss Wolohojian potentially applying for open Supreme Judicial Court seats.
“I thought she was pretty brilliant,” he told the Herald. “I’m kind of a nerd. I read a lot of cases. And I’ve read a lot of her cases over the years. There’s no question she’s an incredibly bright jurist.”