Holyoke Police Chief Unveils Plan To Elect Judges Asks For Support From The People By Ed Oliver October 30, 2002

Holyoke Police Chief Anthony R. Scott greets local residents after his press conference on October 29th.

Judges Too Lenient and Liberal Not an 'Election' of Judges

Holyoke Police Chief Anthony R. Scott last night unveiled his plan to make Massachusetts judges accountable to the people with a proposed Constitutional Amendment requiring the election of judges and publication of their judicial record at election time.

The chief asks citizens to show their support by signing his petition and attending hearings at the State House on the bill.

"I'm announcing tonight that judges be appointed for six years. At the end of six years, their name must appear on a ballot in order to be certified by, we the people. If they do not get a majority of the votes cast in the county where they are appointed, they can no longer be appointed in any capacity in the judiciary of the Commonwealth.

The chief was interrupted frequently by applause from the 150 or so people at the press conference. At one point, he was given a standing ovation.

"Also, I will ask that the clerk magistrate in the county where the judge is on the ballot, must two weeks before the election publish the judge's sentencing record and his bail-setting record for the entire six years, so the taxpayers can see it." Scott told MassNews that the law would apply to current judges also. They would be required to go on the ballot six years after the Amendment passes. The chief was interrupted frequently by applause from the 150 or so people at the press conference. At one point, he was given a standing ovation.

Scott said that he learned from the "Manual for the General Court, 2001-2002" that the Constitution says judges are responsible to the people, but in 1918 judges made themselves immune to initiative petitions by the people.

"We the people cannot implement initiative petitions that affect judges," said Scott. "It has to be done by the legislature."

Sen. Knapik Will Present Legislation

For that reason, State Senator Michael Knapik has agreed to present legislation to the Senate to amend the Constitution. Also, the Senator is arranging for Scott to testify before the Joint Committee on the Judiciary about the need for the Amendment.

Scott called for help from the people in that regard. When he testifies before the committee he would like to take with him one million signatures in support from the people of Massachusetts, and he would like a large number of citizens to accompany him to the hearing. Scott handed out petitions to the audience with the proposed Amendment printed at the top and said there would be a web-site soon where people can download copies, or they can get them from his office. "This is the only opportunity you've got," said Chief Scott. "If you lose this one, I don't know how much longer I'll be around."

Pat Broder, Springfield

The chief told MassNews he wants to make some changes to the wording on the petition, and will provide the newer version for MassNews within a day to put up on our web-site for download.

Chief Scott told how he was sworn in as police chief 17 months ago and has been battling liberal judges ever since. "They have a liberal attitude in sentencing, setting bail, levying fines, and have in my opinion a lax attitude towards criminals. I've had the opportunity to see firsthand what goes on in the courtrooms. I've been told by law enforcement officials from across the Commonwealth that what I have seen personally goes on all over the state."

According to Scott, everyone else must be accountable for their actions, but judges in Massachusetts are appointed for life. "There is a judicial review board, but when is the last time you heard that a judge was suspended or fired?"

People Are Enthusiastic

After the conference ended, people lined up for over an hour to speak to the chief. One lifetime Holyoke resident and his wife, Will Girard, headed for the door with a handful of petitions for their friends. He told MassNews, "I thought he was fabulous. I wish more people saw what went on here; just fabulous. I back the chief one hundred percent. He's the best thing that ever happened to Holyoke. He's a breath of fresh air."

Republican Congressional candidate Matt Kinnaman and Mike Franco, who is running for state rep in Holyoke and is a state co-chair for the Fatherhood Coalition.

Pat Broder from Springfield told MassNews, "He has a lot of excellent ideas to help the people. I think he's doing a very good job. They have to put the bad guys away because it's getting worse and worse." Republican Congressional candidate Matt Kinnaman told MassNews, "I'm here to support Chief Scott, he's a man of great moral courage. I'm here as a candidate for U.S. congress to stand with our law enforcement personnel. Chief Scott's a leader among those who are doing all they can to make our streets safe. He fights an uphill battle against criminals when his police officers can't keep them off the street. I'm here to support a man who is willing to step out on a limb to do his job more effectively. We're all very proud of Chief Scott. We feel privileged to have him here in Holyoke."

Mike Franco, who is running for state rep in Holyoke and is a state co-chair for the Fatherhood Coalition, told MassNews, "The Fatherhood Coalition supports Chief Scott one hundred ten percent. We're going to get these petitions spread out to our fathers and supporters across the state and start gathering signatures for him.

"As a candidate for the 5th Hampden District I'm honored to be in the presence of Chief Scott. I believe in what he's trying to do. I believe very firmly from my own experiences with the family and probate court that the judges are not being held accountable to the law. They violate the law, and there is no way to get rid of them so they just continue to do their damage day after day."

Also in attendance was Independent candidate for Governor Barbara Johnson, who told MassNews that election of judges is something she has been behind for a long time. She said she disagrees, though, with Scott's plan for an initial appointment of judges for six years, because then we'll still see the wrong people appointed for the wrong reasons.

Johnson said she supports Chief Scott and wishes him well, but thinks he didn't do his homework and she is skeptical about his chances. "I think he's in la la land. It is very, very vigorously opposed by all members of the Bar, particularly those in power," she said. "This will be a big fight for him. This is not going to slide through easily. He's going to meet opposition from the real powerful big boys."

Holyoke Police Chief Anthony R. Scott.

The signed petitions can be mailed back to Chief Scott's office at: Holyoke Police Dept., Office of the Chief, 138 Appleton St., Holyoke, MA.01040-5706.

Sidebar:

Not an 'Election' of Judges

Chief Scott is not calling for an 'election' of judges. His proposal would only require that judges must appear on the ballot for the approval of voters before being reappointed for another term.

Sidebar:

Judges Too Lenient and Liberal

Chief Scott, who is a black conservative Republican, told MassNews he has been Chief of Police in Holyoke for 17 months and has been fighting with the judges for 16 of those 17 months.

"We've made some dents," he says. "But we're not going to give up. I intend to continue my efforts to confront and make the judges accountable to the citizens. The problem is the judges are too lenient and they are too liberal. They are not truly enforcing the statutes, the mandated sentencing, the bail, the fines; they are not doing it."

In a guest editorial for the local paper last August, he said, "It is my opinion that a very large percentage of the judges here aren't worth a mouth full of warm spit, and I'm putting it very lightly."

He said he believes it is judges who are responsible for a revolving door justice system that allows criminals to roam the streets, unnecessarily endangering police officers, citizens and neighborhoods. Two of his officers were injured recently while arresting a drug dealer for the second time within forty-five days. One officer required several dozen stitches to his forehead. The perpetrator had an extensive criminal record dating back to 1998.

According to Scott, people who are arrested for serious crimes such as rape or with large quantities of drugs are often released on their own personal recognizance, or for extremely low bail.

The Chief said the judicial system has not only ignored his complaints, but the Massachusetts Judges Conference gave a local judge a Judicial Excellence ward, making comments about Scott when they presented the award.

Chief Scott was born and raised in New Orleans. He has a wife of twenty years and a
19-year-old son. He retired after 22 years with the New Orleans Police Department. After that, he was Chief of the Athol Police Department for three years before he left to become chief at Rock Island, Illinois, for ten years.

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