Incumbents: In or Out? Governor’s Council Races 2022
As a part of our ongoing series of blog posts over the past month, we have highlighted a number of candidates running for various positions in Massachusetts. While Bay Staters will have a number of important decisions to make on Election Day, there is one office that due to high incumbency rates often receives far less media attention than others. In spite of a smaller media spotlight, Governor’s Council positions are some of the most important on the ballot. The decisions of the Governor’s Council greatly impact the legal and political landscape of the Commonwealth. Not only do these officials advise the governor, but they approve or deny state treasury requests, pardons, and all gubernatorial appointments, including the positions of judges. In the wake of Roe v. Wade being overturned, focus on the courts, even on the local level, has been heightened. In order to help voters make the most educated decision at the polls, here is our analysis of just some of the eight Governor’s Council positions on the ballot this fall.
3rd District:
The 3rd District race for the Governor’s Council presents one of the most interesting competitions for fall of 2022. The district collectively is made up of over 32 cities and towns, including parts of Boston and surrounding cities. The race has two candidates, both Democrats: incumbent Marilyn Petito Devaney and challenger Mara Dolan. Devaney, now 84 years old, has held the position since 1999, and she maintains one of the most interesting records of any current councilor. While previously having assisted municipalities in creating budgets through the Massachusetts Municipal Association, Devaney has been an outspoken member of the council since joining two decades ago.
In considering court and other gubernatorial appointments, Devaney has been very thorough to ensure candidates are adequate for the position, and was instrumental in banning donors to executive branch members from being eligible for positions. With this said, at times her demeanor has rubbed both the public, and even more so her colleagues, the wrong way. While Devaney was the sole councilor in favor of continuing to livestream the council’s hearings earlier this spring, according to the Boston Globe, fellow councilor Eileen Duff claimed that she “seriously thinks Devaney is mentally ill.” In 2008, Devaney allegedly hit a beauty supply store clerk with a bag containing a curling iron and received an assault and battery charge that was later dismissed. Devaney’s progressive record and advantage as an incumbent has allowed her to keep the position, as well as her fundraising prowess. Dolan, however, has a chance to break that streak.
Dolan, a public defender of over 15 years, looks to bring a different perspective to the Governor’s Council. Currently, while one active councilor does hold some experience as a public defender, if elected, Dolan would bring far more experience in non-state or private practice roles. Part of Dolan’s platform is to promote justices that will respect the science of a case, as she recognizes that factors such as age can play an important role in determining outcomes. Dolan stands an uphill battle in trying to remove a 23-year incumbent from office, especially as Devaney maintains an arguably more progressive record than her current fellow councilors. This could give Devaney a boost in votes, but her personal controversies are now highlighted by not just many public critics but her own colleagues. Regardless of the outcome of the election, both Devaney and Dolan have unique experience befitting of the council.
5th District:
Northwest of the 3rd District is the 5th District for the Governor’s Council, containing parts of the North Shore and major cities such as Lawrence and Lowell. In this district, Democrat Eileen Duff has held the position since 2013, and is one of the few current councilors without legal experience. Duff does maintain extensive public policy experience, having worked at both the Massachusetts State House and in the FCC under President Clinton. She has been endorsed by a number of other candidates running in this year's election, including Diana DiZoglio (State Auditor) and Kim Driscoll (Lieutenant Governor), as well as a number of other officials across Massachusetts. In previous years, she ran unopposed for the position, but this year she stands a formidable challenger in Republican Michael Walsh.
Michael Walsh is an attorney based in Lynnfield with a wide array of legal experience, both in his private firm and as general counsel to a surveillance technology company. He is also a member of the Lynnfield Housing Authority and has pushed for towns such as Rockport to institute an independent fire department to better serve citizens. While little is known about his policy ideals, he has shown to be not afraid to stand up for locals of the North Shore, as he has led lawsuits against town governments for mismanagement. Although it is unlikely that he will be able to overcome the name recognition and record that Duff currently holds, his work at the local level could garner more votes than expected, especially if voters disagree with Duff’s approach to council transparency. In all likelihood, Duff will still assume the position, but the fact that she is facing competition now could show an eventual change on the horizon.
The average number of years served for incumbents on the governor’s council is 13 years.
8th District:
The largest geographic area in Massachusetts represented is that of the 8th District, which represents nearly all of the western part of the state. This seat has been held by former Chicopee District Court Judge Mary Hurley since 2014, but unlike many of her colleagues, she has decided to give up her seat and give new candidates a chance to assume the position. As a result of her departure, there are currently 5 different candidates running for the position, four of which are Democrats and one Republican. Citing the graphic above, there is rarely an open seat election for the Governor’s Council, and as such, this election is very important for the voters of Western Massachusetts.
Starting with the four Democrats running for the position, there are a wide array of experiences, though most candidates are practicing attorneys. One of them is Shawn Allyn, is a former assistant city solicitor for the city of Holyoke. He has stated the goal of his campaign is to ensure more justices with experience can be appointed to help address the backlog of cases in Western Mass., as well as building a new courthouse. Allyn is not the only one to make this promise, as fellow candidate Jeffrey Morneau, a Springfield-based attorney, represented plaintiffs in a case against the deteriorating Rodrick Ireland Courthouse. Morneau sees improvements to Western Mass. courthouses also as a priority, and has a potential advantage in the election as he is the only candidate to have ran for the position previously against Mary Hurley.
However, Springfield City Councilor Michael Anthony Fenton has received endorsement from Hurley. Fenton has held various legal, shareholder, and public roles in his career, and has been serving Springfield since he was elected as a city councilor at the age of 22. Rounding out the democratic candidates is the one non-attorney running, which is North Adams School Committee Member Tara Jacobs. Jacobs, who has a background as an advertising executive, is attempting to be the first member of the Governor’s Council elected from Berkshire County. As an outsider candidate and the only one hailing from Berkshire County, she could garner more votes if Springfield counterparts Morneau and Fenton take votes from one another.
This could also be the case for the sole Republican candidate running for the 8th District seat, John Comerford. The 77-year-old Vietnam War veteran has worked previously in the Attorney General’s Office and as a Veterans Services Officer in East Hampden County, and states that he was prompted to run due to the need for increased oversight of judicial appointments. Comerford has stated that after seeing the recent case where a Newton judge disobeyed law enforcement to help an undocumented immigrant flee the court, he feels the executive council needs more discretion. Despite being listed as a Republican, he has emphasized that if elected his party and politics would play no role in the appointment process.
Clearly, even though less politicized, the Governor’s Council races are quite lively, and they do hold great importance for the future of Massachusetts. InstaTrac now features searchable transcripts of each and every Governor’s Council hearing available for clients. For more information or to see a demo of our services, please reach out to info@instatrac.com.
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