Budd confirmation means three Baker appointees set to join highest court in Mass.


BOSTON >> The Governor's Council on Wednesday confirmed Kimberly Budd to a seat on the Supreme Judicial Court, marking a complete sweep for Gov. Charlie Baker in his first bid at reshaping the state's high court in the face of multiple judicial retirements.

A Gov. Deval Patrick appointee who has served as a Superior Court justice since 2009, Budd is currently a regional administrative justice responsible for overseeing the administration and management of criminal business in Middlesex County.

"Her record is this: she has been a law and order judge on the Superior Court, and she will continue to be a law and order judge on the Massachusetts Supreme Court," Councilor Jennie Caissie said.

The vote followed the council's unanimous confirmations of judges Frank Gaziano and David Lowy, whose nominations Baker announced with Budd's in June.

"Judge Kimberly Budd's qualifications, temperament and confirmation today will ensure the Supreme Judicial Court is at full strength when they return for their first sitting in September," Baker said in a statement. "I congratulate Judge Budd and Judges Frank Gaziano and David Lowy as we look forward to the impartiality and hard work they will bring to the Commonwealth's highest court from decades of judicial practice."

SJC judges Francis Spina and Robert Cordy are scheduled to retire on Friday. Fernande Duffly stepped down from the bench a month ago.

When the court begins its new session in the fall, it will do so with three of its seven justices picked by Baker. Two more SJC judges — Geraldine Hines and Margot Botsford — will reach the mandatory retirement age of 70 during the Republican governor's first term, guaranteeing him a chance to appoint the majority of the bench.

"I want to applaud the governor and the lieutenant governor for not only Judge Budd, but Judges Gaziano and Lowy because the court is not tilted to the right, as some were suspect of," Councilor Michael Albano said. "It's a moderate, left-leaning court, at least by the answers that they gave to the executive council. So these are three qualified individuals, and I think the governor has two more, and if they're anything like the first three, it's going to be a very good Supreme Judicial Court for many, many years to come."

When he announced his three nominees, Baker said he wants his administration's legacy in the SJC to be "a court that people believe makes its decisions based on the rule of law, gives everybody the hearing they deserve and treats everybody with the level of respect and decency that the law demands."

While Budd and Hines are on the SJC bench, the court will have an unprecedented two African-American women justices. Budd said during the hearing her background would give her a "different perspective on the world."

A Newton resident and the daughter of former U.S. Attorney Wayne Budd, Budd has previously worked as an assistant U.S. attorney and as Harvard's university attorney. Albano described the Budds as "one of the great public service families in America today."

During her hearing last week, Budd told councilors that she opposes the death penalty and the imposition of mandatory minimum sentences, that she believes too many people are included on the Sex Offender Registry and that she doesn't "see any reason why an illegal immigrant couldn't have a driver's license."

Budd's comments on sex offenders and driver's licenses for unauthorized immigrants met pushback from Taunton Republican Rep. Shaunna O'Connell, who said such stances made Budd "unfit to serve" on the high court. Before voting to confirm Budd Wednesday, councilors fired back at the criticism of the nominee.


If you'd like to leave a comment (or a tip or a question) about this story with the editors, please email us. We also welcome letters to the editor for publication; you can do that by filling out our letters form and submitting it to the newsroom.

Powered by Creative Circle Media Solutions