Praising Superior Court Judge Frank Gaziano as a "superstar" who presides with compassion and legal expertise, attorneys and other justices told the Governor's Council Wednesday that Gaziano is a political moderate who would be guided by the law rather than personal ideology if confirmed to sit on the Supreme Judicial Court.
"Judge Gaziano is a superstar in every sense of the word," attorney Robert Sheketoff said during Wednesday's hearing. "He's unflappable, he's honest, he's straightforward, he's modest and he's super well-prepared."
Also testifying for Gaziano were sitting SJC Justice Geraldine Hines, District Court Chief Justice Paul Dawley and retired judges Christine McEvoy and Suzanne DelVecchio. A group of uniformed court officers who work with Gaziano attended the hearing in a show of support, though they did not testify.
Hines said Gaziano would make a "welcome addition to the court," referring to him as a "fair-minded jurist with a temperament that compels him to treat all who appear before him ... with the utmost respect and dignity."
The only witness testifying against Gaziano was Patrick McCabe of the Fatherhood Coalition, who frequently testifies on judicial nominees and said he was concerned by Gaziano's lack of Family Court experience.
Gaziano was named to Superior Court in 2004 by then-Gov. Mitt Romney. Now, he's the first of three nominees Baker will subject to the eight-member Governor's Council, an elected body with little power other than approving judicial appointments. Three prominent SJC nominations in an election year is the perfect storm for the sometimes eccentric group of media-hungry councilors.
Gaziano, a veteran judge and Scituate resident, is already in the political crosshairs on Beacon HIll. The morning of his Wednesday hearing, a coalition of pro-choice groups demanded that Baker make it clear that all three of his SJC picks support abortion access.
Baker himself and all three of his nominees support abortion rights, but abortion access advocates want the governor to explicitly confirm that his nominees will decide cases in favor of abortion access.
"We expect our pro-choice elected officials to connect their personal statements with real-world action and that's what's missing here," NARAL Pro Choice Massachusetts Deputy Director Christian Miron said at the morning press conference.
Throughout Wednesday's hours-long hearing overseen by Lt. Gov. Karen Polito, councilors questioned Graziano's fitness to serve on the state's top court and heard mostly glowing appraisals of his judicial aptitude.
Gaziano prosecuted the case against Gary Lee Sampson, who was sentenced to death in federal court for two murders in Massachusetts and one in New Hampshire in 2001. The death sentence was thrown out in 2011.
Sheketoff, who was on Sampson's defense team, described the trial as "an intense experience, to say the least."
"Judge Gaziano showed me extraordinary talent, the single best performance I've ever seen as a prosecutor in my 41 years of doing this," Sheketoff said.
Councilor Terrence Kennedy said he is "completely opposed" to the death penalty, which he said was his "biggest issue" with Gaziano.
"I have a problem wrapping my head around the Frank Gaziano that can prosecute a death penalty case and the Frank Gaziano I see sitting on the bench that's overly fair to defendants," Kennedy said.
If confirmed, Gaziano would replace Francis Spina, who plans to step down on Aug. 12 along with another justice, Robert Cordy. Justice Fernande Duffly is scheduled to retire next Tuesday.
McEvoy testified that defense lawyers appreciated Gaziano's fairness.
"When you got Judge Gaziano, even when you had a case you probably couldn't win, you'd get a fair trial, he would listen to you, he would rule appropriately and the defendant would get the opportunity to have a good justice who hadn't prejudged anything," McEvoy said.
Prepared to vet more of the Republican governor's nominees, the majority-Democrat Governor's Council quizzed Gaziano's witnesses on the broader issue of judicial philosophy and how Baker appointees might change the court's makeup.
"Do you think that the Baker court, do you see it as going to be taking a shift to the right, and do you see Frank Gaziano as part of that shift?" Kennedy asked Sheketoff.
In response, Sheketoff said he thinks of Gaziano "as a centrist" and flexible thinker.
The council usually votes within a few weeks of hearing a nominee. Baker's other two picks, Kimberly Budd and David Lowy, will also be heard this summer before the new court session begins in September.