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State House News Service

High Court Nominee With Springfield Roots Has Easy Day On Beacon Hill

Personally opposed to the death penalty and open to the idea of unauthorized immigrants receiving driver’s licenses, Superior Court Judge Kimberly Budd encountered mostly smooth sailing in a vetting interview Wednesday for her nomination to the Supreme Judicial Court.

EARLIER: Governor’s Council To Question High Court Nominee With Springfield Roots

“Personally I don’t see any reason why an illegal immigrant couldn’t have a driver’s license,” Budd told the Governor’s Council on Wednesday, while acknowledging that matter could potentially go before the state’s highest court she seeks to join.

Gov. Charlie Baker, who nominated Budd, last month pushed the Legislature to close a loophole he warned could lead to unauthorized immigrants receiving Massachusetts driver’s licenses, and he supports instituting the death penalty for those who murder police.

“As far as my own beliefs go, I’m not in favor of the death penalty,” Budd said. She said, “Some people may deserve to die, but I don’t think that’s something the government should do.”

LISTEN: Judge Budd introduces herself to the Governor’s Council.

Budd is one of three Baker nominees to the state’s highest court this year. Superior Court Judges David Lowy and Frank Gaziano were both confirmed unanimously. By the end of Budd’s hearing, councilors said it was apparent she would be confirmed.

An opponent of laws that set minimum sentences for those convicted of certain crimes – which restrict judges’ leniency in handing down sentences – Budd was asked by Councilor Joe Ferreira, a former police chief, whether mandatory minimum sentences are constitutional.

“I’m not sure that’s been looked at, but that’s the law right now,” said Budd, who lives in Newton.

The daughter of former U.S. Attorney Wayne Budd, an appointee of President George H.W. Bush, Budd, who grew up in Peabody, also spoke about her perspective growing up as an African American woman in a largely white society.

“I see the world through a different lens. Believe it or not I know what it’s like to be refused service. As a young lawyer I’ve been dismissed offhandedly by more seasoned white, male opposing counsel, and I’ve even been stopped from entering the well of the courtroom because I was mistaken for a defendants’ family member,” Budd said. “If you see fit to confirm me, I would come to the table with a different perspective on the world . . . because I know what it’s like to feel powerless and invisible, as a judge I look criminal defendants and pro se litigants in the eye.”

Witnesses, ranging in age from 17 to 73, attested to Budd’s reputation, character and inspiring example. Budd, who is 49, would be able to serve two decades on the state’s highest court before reaching the mandatory retirement age, a point Councilor Robert Jubinville raised to Supreme Judicial Court Justice Geraldine Hines.

“I came to this job very late in my career, and I envy the energy that she will bring to this job,” said Hines, who said she agrees with the mandatory retirement age of 70, which she will reach next year. Describing her and Budd as “kindred spirits,” Hines said, “She has a gentle spirit – not to be confused with weakness.”

If Budd is confirmed, the state’s highest court would include two black women – Hines and Budd – for a window of time. Hines also testified on behalf of Gaziano.

“I wouldn’t worry about her age. Mr. Jubinville, I know that’s a little thing for you. I’m older than you, and I don’t worry about it,” Suzanne DelVecchio, the former chief justice of the Superior Court said, saying she is 73. Testifying to Budd’s reputation, DelVecchio said, “She’s not rigid. She’s not to the right. She’s not to the left.”

Laila McCain, a 17-year-old Boston Latin School senior who lives in Hyde Park, was one of three former interns to testify on behalf of Budd, who told the News Service she didn’t ask any of them to speak on her behalf.

“After seeing so many injustices it’s kind of hard to have faith in the system,” said McCain, who said she wants to be a lawyer, and said watching Budd preside in a criminal trial taught her the importance of giving respect to both sides.

Councilor Terrence Kennedy said it was the first time he can recall former interns testifying on behalf of a nominee, telling the News Service it “speaks volumes.”

Budd studied English at Georgetown University, graduating magna cum laude in 1988, and Harvard Law School, earning her law degree in 1991 – toward the tail end of her father’s service as top federal prosecutor in the state.

Budd clerked for Massachusetts Appeals Court Chief Justice Joseph Warner, according to her 2009 application for a Superior Court judgeship. From there, Budd worked at Mintz Levin, taught at New England School of Law, and went to work for the U.S. Attorney’s office from January 1995 to September 1998, trying eight cases to verdict, according to her application. After that she worked as university counsel in Harvard University’s general counsel’s office, and in 2004 moved to the director of the Community Values Program, handling ethics and other matters, at Harvard Business School.

Members of Budd’s family, including her husband, Bill Thompson – who works at John Hancock – were in attendance, as well as Tom Reilly, the former attorney general, who is Budd’s godfather.

Under questioning by Jubinville, Budd said she believes too many people are included on the Sex Offender Registry, believes men should stay out of discussion of abortion “for the most part,” and praised a U.S. Supreme Court decision vacating corruption charges against former Virginia Gov. Robert McDonnell.

“You don’t want to criminalize what politicians do every day,” Budd said. At Jubinville’s suggestion, Budd said putting methadone clinics in every courthouse would be a “good option.” Jubinville proposed that if Budd had a magic wand and could switch people’s heroin addictions to the addiction-relieving medications Suboxone and methadone that would be a “no-brainer.”

“Wish I had a magic wand,” Budd replied.

Budd agreed with Councilor Jennie Caissie that the Supreme Judicial Court had erred – and was corrected by the U.S. Supreme Court – in a recent stun gun case. The council’s lone Republican, Caissie did not press Budd over some of her more liberal stances.

Caissie told the News Service she was satisfied with Budd’s answer about what she wanted her legacy to be.

“It wasn’t, ‘I want to be a progressive and change the legal framework.’ It’s that, ‘I want to be known as somebody who knew what they were talking about and advanced the law,'” Caissie said.

Vacationing Baker Keeping Tabs On End Of Session From Gloucester

Governor Charlie Baker remains in Gloucester Sunday where he has been vacationing with family for the past several days, but as the Legislature convened for its final formal gathering of the two-year session the governor has been in constant contact with aides and legislative leaders, according to senior staff.

Baker has been participating in conference calls every few hours with Lt. Gov. Karyn Polito, senior staff and Cabinet secretaries to process the latest information about how conference committees trying to negotiate last-minutes deals on four remaining top priorities are progressing.

As many as 20 senior administration officials have been participating on the calls.

Baker has also spoken directly more than once with Senate President Stanley Rosenberg and House Speaker Robert DeLeo, and aims to check in with both leaders againSunday, according to senior advisor Tim Buckley.

There were no breakthroughs overnight in House-Senate negotiations on bills dealing with economic development and renewable energy generation, as well as legislation regulating the ride-hailing industry and limiting the terms of non-compete agreements between employers and employees.

Baker has identified all of those bills as among his priorities.

The House and Senate gavelled back into session at noon Sunday with just 12 hours remaining to conclude its substantial work for the two-year session, though informal sessions where non-controversial bills stand a chance of passage will continue for the year.

Baker does plan to be back at the State House Monday for his regular weekly meeting with DeLeo and Rosenberg where the leaders can start to sift through the rubble of the final days of the session and to sign a gender pay equity bill approved by the Legislature last Saturday.

The Week Ahead On Beacon Hill

The major legislative pieces are falling into place as legislative leaders navigate the final weeks of formal sessions, accelerate their work on major bills, and plan for rare mid-July national political conventions. Lawmakers will spend part of the week poring over $256 million in budget vetoes as well as scores of amendments handed down Friday by Gov. Charlie Baker as he signed a $38.92 billion state budget (H 4450). Baker issued vetoes in 301 line items, slashed 497 earmarks worth $60.6 million, and vetoed 36 of the budget’s 200 outside sections while proposing amendments to 23 budget riders. Legislative leaders must determine which vetoes to act on before formals end for the year on July 31 and informal sessions ensue for the remainder of 2016. Vetoes may only be overridden with recorded roll call votes, which are not permitted once July is over.

On budgetary and other legislative matters, legislative leaders want to get proposals to Baker’s desk by next week in order to preserve their ability to act should the governor file amendments or vetoes. As they head deeper into July, power can shift to the governor since lawmakers aren’t able to override vetoes in informal sessions and need unanimous agreement in informals on any legislative amendments returned from the Corner Office.

The House next week plans to take up legislation aimed at ensuring pay equity for women, a bill (S 2107) that has already cleared the Senate. The Senate is getting ready to pass a bill modernizing municipal government laws (H 4419), a measure that the House has approved. Both of those bills could end up before conference committees. Conferences appointed on Thursday and Friday are working with tight deadlines to produce consensus bills diversifying the state’s energy mix (H 4385 and S 2400) and regulating transportation network companies (H 4049 and S 2371). And it’s the Senate’s turn next week to mark up a $915 million House economic development bond bill (H 4461), which is being scheduled for floor debate on Thursday.

Click the audio player above to hear NEPR’s Henry Epp talk Beacon Hill politics with reporter Matt Murphy of the State House News Service.

The Week Ahead On Beacon Hill

When the House and Senate gavel back in Tuesday after their Fourth of July break there will be less than four weeks remaining until the end of formal sessions, including two weeks when legislative leaders have agreed to release members to attend national political conventions in Cleveland and Philadelphia. The House and Senate each have scheduled one formal session, on Thursday, with the House planning to take up an economic development bill and the Senate considering parole, probation and education bills.

Details of an accord reached on veterans legislation are expected to surface and it’s possible that a conference committee could produce a consensus bill governing public accommodations for transgender individuals. Gov. Charlie Baker could also sign the fiscal 2017 budget (H 4450) and announce his vetoes and amendments, although he has until Monday, July 11 to announce his decisions.

Outside of the legislative arena, the Governor’s Council on Wednesday interviews Superior Court Judge Frank Gaziano, kicking off the first of three hearings in the coming weeks on Baker’s Supreme Judicial Court nominees. Wednesday is also the deadline for sponsors of four 2016 ballot questions to file their final rounds of signatures with Secretary of State William Galvin, who is locking down the final details of the November 8 general election ballot.

The Week Ahead On Beacon Hill

 

Despite a solid economy, low unemployment, and a former state budget chief in Gov. Charlie Baker and two former Ways and Means Committee chairs – House Speaker Robert DeLeo and Senate President Stan Rosenberg – running state government, Massachusetts finds itself turning the page on one fiscal year and entering a new one with major questions swirling about spending exceeding revenues in two state budgets.

Most lawmakers are waiting on Baker and legislative leaders to outline a path forward and with new taxes and the use of reserve funds being frowned upon, spending cuts or other revenue raids appear as possible courses. Due to faulty revenue assumptions agreed to in the winter by Baker and legislative leaders, negotiators have two weeks to take two $39.5 billion spending bills and somehow adjust them to reflect revenues that the Baker administration disclosed this week are now likely to come up short by between $450 million and $750 million next fiscal year, and as much as $370 million short this fiscal year. The stunning news, coming just months after Baker’s team increased its expectation of tax revenues for fiscal 2016, was followed by several days of head-scratching and pledges to work together on solutions that are still not apparent heading into the conference committee crunch time.

The budget woes, even as Baker tries to downplay the scope, have turned into a surprise distraction from the business of wrapping up work on other bills with 44 days until formal sessions come to an end. The momentum of a transgender rights bill has slowed, the Senate has yet to debate its energy and ride-hailing industry regulation bills, and the House has yet to take up Senate-approved pay equity legislation. An economic development bill has yet to hit the floor in either branch.

Click the audio player above to hear Matt Murphy speak with NEPR’s Henry Epp.

The Week Ahead On Beacon Hill

The state budget is officially in secret conference talks, the House continues to mostly ignore the ambitious legislative agenda shipped over from the Senate, and the Senate, which faces pressure to produce a big energy bill and legislation regulating ride-hailing companies, plans on Thursday to take up bills affecting veterans’ benefits. The House on Wednesday plans to take up a bill modernizing municipal government operations.

Meantime, another big bill expected to reach Gov. Charlie Baker’s desk by the end of July is beginning to move. A new version of Baker’s nearly $1 billion job creation bill has been drafted by the Economic Development Committee, according to chairwoman Sen. Eileen Donoghue of Lowell. That bill could emerge early next week and the Education Committee by next Friday hopes to find common ground on an early education bill. Baker is closing in on his three nominees for upcoming Supreme Judicial Court vacancies. They will likely be introduced at a press conference, which could come next week.

Click the audio link above to hear New England Public Radio’s Henry Epp discuss what lawmakers will be focused on this week in Boston with State House News reporter Matt Murphy.