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Barbara Lenk speaks to the media after Governor Patrick introduced her last month. (Yoon S. Byun/Globe Staff) |
Globe Editorial
IN 18 years on the bench, Appeals Court justice Barbara Lenk has gained a reputation as a fair, hard-working jurist whose opinions are models of clarity and persuasiveness. The broad range of appeals she has decided, from felonies to family law and securities cases, especially qualifies her for elevation to the state Supreme Judicial Court. She will need no bullpen warmup. The Governor’s Council could vote as soon as today on Governor Patrick’s nomination of Lenk to the Commonwealth’s highest court. She should be confirmed.
Sadly, Lenk’s confirmation hearing before the council last week got sidetracked at times on an issue that has no bearing on her fitness for the SJC — the fact that she is the first openly gay nominee to the court. Instead of focusing on Lenk’s extensive record of more than 150 published opinions in civil and criminal cases, one witness at the hearing raised the specter that Lenk belongs to a “militant political agenda, which has been hard at work usurping the functions of government.’’ To their credit, several council members have said they would not let opinions like that guide their decision on Lenk, who was first named to the Superior Court by Republican Governor William Weld.
A legitimate issue raised at the hearing is how assiduously Lenk has avoided conflicts when her spouse, Debra Krupp, represented clients at the Appeals Court in her capacity as a lawyer for the public defenders’ appeals unit. In fact, Lenk went beyond the letter of ethics canons. Not only did she recuse herself from hearing any of Krupp’s cases and refrain from any input on decisions in such cases, but she also recused herself from considering any public defenders’ appeals — whether her spouse was appearing for the defendant or not. By doing so, she stayed away from cases in which Krupp might have had a role in behind-the-scenes strategizing. More broadly, Lenk told the council that she did not discuss her cases with Krupp, and Krupp did not discuss her cases with her.
That degree of conscientiousness would serve Lenk well on the Supreme Judicial Court. Supported by eight former clerks, many members of the state bar, and Attorney General Martha Coakley, Lenk richly deserves confirmation by the council.
© Copyright 2011 Globe Newspaper Company.
