Roderick Ireland's Supreme Judicial Court confirmation hearing begins today

Springfield native Roderick Ireland will answer questions at a confirmation hearing today as he seeks a position as chief of the state's highest court.

Ireland, an associate justice on the Supreme Judicial Court, was nominated in early November by Gov. Deval L. Patrick to succeed Margaret H. Marshall. The council needs to vote on whether to confirm the nomination.

IRELAND'S RECORD

The accomplishments of Roderick L. Ireland, who appears today before a confirmation council for appointment as chief justice of the Massachusetts Supreme Judicial Court:

• Education:
• Legal:
• Judiciary:

Ireland became the court’s first black justice when he was appointed to the SJC in 1997 by then-governor William Weld. At 65, he is only eligible to serve for five years in the position before he reaches the mandatory retirement of 70.

He was shortlisted among five other candidates by Patrick after Marshall announced she'd be stepping down in October. At the time, Patrick declined to name any of his preferred candidates, telling reporters, “I have some reluctance to do it before the election because I don’t want the candidate to be turned into campaign fodder."

Ireland echoed that concern in a visit to DeBerry Elementary School in Springfield, where Ireland is an alumnus, last month. There he told children that a guidance counselor had suggested he try trade high school, rather than a college preparatory route at Springfield Classical High School.

"If I had accepted her advice, I wouldn't have gone on to college," he told the students. "If someone tells you no, don't think that has to be the last word. You can go on to pursue your aspirations." Read more »

Patrick nominated Ireland for the position on November 4.

Ireland appears today before the Governor's Council, an elected board of eight members that oversees the governor's judicial nominations. In a questionnaire filed by Ireland to the council and obtained by the Statehouse News Service, he portrayed himself as a legal mind informed by academic study and life experience alike.

"I believe I have demonstrated that I am a capable an intelligent student of the law; that I have the temperament and balanced judgment to lead the highest court; that I have the life experience which reminds me everyday that courts deal with real people who have real problems, and that their cases are not just academic exercises," Ireland wrote. "I believe that my reputation speaks for my having the requisite patience, fairness and integrity to handle the requirements of this key position in the judicial branch of our government."

According to the questionnaire, Ireland listed among his two most significant decisions the Commonwealth v. DePeiza, in which the court clarified "when and how" police can stop and frisk a person in the Commonwealth.

In that case, the SJC, with Ireland writing the opinion, reversed an Appeals Court ruling that police officers did not have sufficient reasonable suspicion to justify a stop and frisk.

"We held that a police stop of a pedestrian was constitutionally justified by 'reasonable suspicion' of criminal activity based on a combination of behaviors, and that the subsequent pat-frisk was constitutionally justified based on the policemen's law enforcement training and experience," he wrote. Read more about the decision »

The second significant decision Ireland cites is the Matter of Hilary, in which the court ruled that children likely to wind up in the care of social services have the right to a court-appointed attorney.

Several members of the Governor's Council that the recent investigation into the hiring practices of the state probation department will come up during the confirmation hearing.

"The SJC has a direct role overseeing the Trial Court and its Probation Department," Councilor Kelly Timilty told the State House News Service. Read more »

Ten high-profile witnesses will speak on Ireland's behalf at the hearings, including the outgoing SJC chief justice Marshall, former chief Herbert Wilkins and former U.S attorney Wayne Budd. However, members of a father's rights organization will testify in opposition to Ireland. Members of the Fatherhood Coalition say Ireland declined to answer their questionnaire and Joseph Ureneck told the State House News Service that some of Ireland's decisions "give the group pause." The SHNS writes:

The Boston Globe also reports today on the personal and professional turmoil Ireland faced when he signed the SJC's 2003 decision that legalized same-sex marriage in Massachusetts. Ireland compared the backlash he and the other justices faced to that by justices during the desegregation of schools in Boston.

"I recall that when Federal District Court Judge W. Arthur Garrity ordered the desegregation of schools in Boston in the 1970s, citizens picketed his house, and he had to be protected by bodyguards," Ireland wrote, according to The Globe. "This knowledge, however, did not prepare me adequately for the magnitude of public protest in response to our decision.'' Read more »

More details about Ireland's confirmation coming from The Republican.