Three candidates are vying for the District 5 seat of the Governor’s Council this fall now that long-term incumbent Eileen Duff is running for Essex County Register of Deeds.
The Salem News asked these candidates the same five questions, listed below:
Why are you running for this seat?What qualities and qualifications would you consider most important for judicial nominees? Or nominees for other positions, like clerk magistrates, public administrators and members of the Parole BoardUnder Massachusetts Trial Court policy, a defendant’s immigration status cannot be used to detain them on charges when they otherwise would be allowed to go free. Is this something that should change? Should immigration status affect a judge’s decision on bail or sentencingAccording to the United States Sentencing Commission, Black men receive sentences 13.4% longer, and Hispanic men receive sentences 11.2% longer, than white men in America. Black and Hispanic men are around 25% less likely to receive a probationary sentence to white men. Black and Hispanic women are also less likely to receive a probationary sentence to white women. How would you work to make the criminal justice system more equitable and fair in Massachusetts, particularly where race is concerned?What other issues are most important to you and how do you aim to address them in this seat?
JODY ELLIOTT
Age: 66City: SalemOccupation: Retired therapist, former small business ownerEducation: Master’s in science (MS) psychology (LMHC), associate’s degree in business administrationPolitical affiliation: Independent
I am running for this seat because I have personally experienced the failings in our judicial system. I believe the Governor’s Council could benefit from a code of ethics. They are bound by the simple Massachusetts professional code of conduct but as they are an important body, they need a code of ethics in regard to their position. This is especially true as around 2012 the law changed that allowed lawyers on the Council to go before the judges they appointed. Conflicts of interests abound, my goal is to approve ethical judges and to try and implement a code of ethics for the Council. I also listen to my constituent concerns.To me, it’s all about ethics. Judges and other court professionals must be ethical, honest, fair with no overt prejudices, no conflict of interests (where they may profit from their position) and have a basic respect for citizens’ civil rights.I will refer to standard law. I am strongly for civil rights, whether that be for citizens or non-citizens. Judges must adhere to the law and if the law states you cannot discriminate against a non-citizen then you can’t. Simple. I do worry about the long-term impact of this migrant crisis. When our governor makes a short-term decision, I worry about its effects down the road. Healey said migrants must be out of shelters in the next seven months. Families can re-apply, but I am worried that with high rents and lack of available units, they will not be able to sustain a home. Massachusetts is already dealing with a housing crisis and I am concerned about our homeless population. I am really concerned about gentrification.I am trained to interview people, identify problems and put forth solutions. This will help me in interviewing nominees and identifying any potential problems or prejudices. I take screening out prejudices seriously. America has been dealing with racial divides for a long time and recently we have experienced the outrage of this division (prejudice). Along with race, domestic violence is a concern and we certainly don’t want judges that exhibit misogyny. There are so many things that the Council must screen for and, again, that’s my skill. Everyone deserves equal civil rights.I do worry about a one-party state. Every member of the Council is a Democrat and although some might consider that a good thing, being a one-party government body discourages oversight. That’s why electing an independent would be a good thing: no party loyalty regarding judicial placements. I’m also concerned that we have lost our ethical compass along the way. I refer to the Karen Read trial: a public display of our failings.
ANNE MANNING-MARTIN
Age: 58City: PeabodyOccupation: Deputy superintendent with the Department of Correction, formerly with the Suffolk County Sheriff’s Department. Current Peabody City Councilor at-Large and former School Committee memberEducation: Bachelor’s in criminal justice, master’s in criminal justice administrationPolitical affiliation: Republican
I have observed Governor’s Council meetings since the early 90’s. I learned quickly that the Governor’s Council is the people’s last line of defense in the dissemination of justice. I am uniquely qualified for this position. My 25-year track record of fighting for justice for my constituents at the local level as well as over 30 years in public safety uniquely qualifies me to eval
uate the far-reaching effects judges and parole board decisions have on our residents. I operate without fear or favor — always focusing on what is in the best interest of those I serve.For these important positions whose decisions gravely affect the lives of average citizens, EXPERIENCE is the most important qualification while political leanings should have no bearing. It is imperative to weigh the experience of nominees for judgeships or clerk magistrate positions in both civil law and criminal law, looking for a balance in both. They must clearly establish that they will follow legal precedent and avoid being activist judges who insert their political ideologies into judicial decisions. The Parole Board must maintain a balance of criminal experts from different disciplines, including mental health, substance use disorder, probation officers and defense attorneys while determining an incarcerated individual’s release from custody and their potential threat to public safety.It is unlawful for judges to consider immigration status in setting bail, in establishing guilt or in sentencing. However, immigrants should also not enjoy more rights in our court of law than citizens due to their immigration status. Sadly, it appears as though activist judges are unlawfully ignoring criminal behavior due to the impact detention could have of an illegal immigrant’s status. Recently, judges’ sympathies for the possible deportation of illegal immigrants have outweighed their duty to protect the public as they have set bails lower than what should have been called for in similarly heinous crimes by the average citizen. This unlawful practice must stop.Judges are encouraged to voluntarily keep statistics on their treatment of each criminal defendant as a personal check to determine if they are disproportionately sentencing because of race. These guidelines are merely suggestions and strictly voluntary. If elected, I will use my role as a Governor’s Councilor to make such data collection mandatory, that the data be required to be reviewed by an independent body and that yearly reports be issued to the public. This data should be used to evaluate the performance of those on the bench and determine if further education or if discipline, up to removal, is necessary.When assessing a nominee’s personal reference testifying in their favor before the Governor’s Council, I will be less inclined to be interested in accolades coming from politicians or influencers in the political arena than I will be when I hear the heartfelt words from friends, clients or even strangers who were positively affected, encouraged or inspired by the work of a civically-engaged nominee. I will be judging judges and others before the Governor’s Council by the company they keep as this is a truer reflection of who they are, the strength of their character and their professional accomplishments than any political influence or connections they may wield.
EUNICE ZEIGLER
Age: 36City: MethuenOccupation: Vice president of Strategic Planning and Administration at Emmaus Inc. in Haverhill, member of cultural and civic organizations including Methuen Arts, Methuen Artists Unite and the DEI Committee. Former Methuen City CouncilorEducation: Bachelor’s in political science, master’s in economic and social development of regionsPolitical affiliation: Democrat
The Governor’s Council provides critical oversight of the judiciary by providing advice and consent on appointments to the Commonwealth’s various courts, parole board and other administrative and judicial bodies. I seek to ensure that we have fair and competent judges who serve all the Commonwealth’s residents. I am also running to continue my service and to impact the scales of justice. Public service is meant to be representative of the community, transparent and accessible.The main qualities I see in any nominee is transparency, trustworthiness, responsibility, diligence, morality, fairness and being community focused. These qualities should be embodied by any candidate who will assume either of the offices appointed by the Governor’s Council with dignity and an understanding of the importance of their role as it relates to the health of our Commonwealth. As a Governor’s Councilor, I intend to collaborate with the community to identify whether candidates meet these criteria.I am in favor of the current policy that immigration status should not be used as a foundation to detain and penalize a defendant. I believe that a defendant is innocent until proven guilty. However, if a defendant is found guilty of a capital crime or murder, their immigration status should affect a judge’s decision on bail or sentencing as laid out in federal law U.S.C. § 1227 (a)(2)-(7).As a Governor’s Councilor, there are several methods to promote fairness in the criminal justice system. The first is by confirming judicial appointments who have a track record for being responsible and upholding the law. Another would be to have thoughtful discussions with district attorneys and local law enforcement offices to review their data to understand the current trends in the 5th District. For instances where inequity may exist, it is pivotal to work collaboratively to identify what resources are needed to support an equitable process.Nine out of 10 people I speak with about the Governor’s Council do not know what the body does or about its potential to be another avenue of advocacy for them. I seek to open up the conversation and increase community engagement with the Governor’s Council through community information sessions. These sessions will be especially useful as a tool when we have judicial nominees up for consideration. Increasing transparency and access is an important aspect of public service, of which I feel needs more attention.