BOSTON (State House News Service) — Attorney
Michael McCarthy, Gov. Deval Patrickâ€™s pick for Southern Berkshire District Court judgeship, was rejected by the Governorâ€™s Council 5-3 Wednesday after some councilors first attempted to postpone the vote.
Councilor Michael Albano, a Springfield Democrat who actively advocated on McCarthyâ€™s behalf, argued the vote should be delayed to give councilors time to travel to speak with people in the community.
It was the second time McCarthy was turned down by the council. When Patrick nominated him in 2012, his nomination was defeated in December on a 3 to 3 vote when Lt. Gov. Timothy Murray was out of state, and unable to break the tie. Patrick resubmitted his nomination to the council in January, hoping heâ€™d win approval on a reconstituted council with four of its eight members serving their first terms.
McCarthyâ€™s nomination came under attack last year after councilors accused him of saying he would â€śhintâ€ť to inexperienced prosecutors faltering during trial.
â€śEven if he said it, he apologized for it. He made a mistake,â€ť
Councilor Robert Jubinville said. â€śWe can find a reason to submarine McCarthy. But it seems to me, we have voted on candidates, in the short time I have been here, on candidates that didnâ€™t have near the experience of Michael McCarthy. To make it worse, you have a whole community that wants this guy.â€ť
Murray said Wednesday he was hesitant to postpone the vote because he feared it would set a precedent.
â€śI find it extremely unfortunate that we are in this situation, for lots of reasons,â€ť Murray said before the vote. â€śNonetheless I am concerned if this precedent is established, this will be a regular part of doing business here.â€ť
Later Wednesday, the council is scheduled to interview for the second time another judicial candidate,
District Court Judge Shannon Frison, whose vote was delayed in December at the Patrick administrationâ€™s request, Albano pointed out.
Councilors Jubinville, Albano and Oliver Cipollini voted in McCarthyâ€™s favor. Councilors Jennie Caissie, Eileen Duff, Christopher Iannella, Terrence Kennedy and Marilyn Devaney voted against him.
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