Thursday, 4:30 PM
State attorney general? It's still Reilly until Wednesday as Coakley waits in Constitutional limbo
(Evan Richman/Globe Staff)
Martha Coakley (right) will be sworn in Wednesday as the state's first female attorney general. She has been in limbo the last two weeks since her successor, Gerard T. Leone Jr. (left), took over as the Middlesex County District Attorney, while her predecessor, Thomas F. Reilly (center), remained attorney general.
By Andrew Ryan, Globe Staff
The stage from the governor's inauguration was long ago dismantled, and it has been almost two weeks since 200 lawmakers in the House and Senate took their oaths of office.
Government, in fact, has almost completely re-started, with idealistic newcomers moving into their offices and incumbents getting another start with a fresh term. From Beacon Hill to the Berkshires, it's like springtime in Massachusetts government in almost every elective office -- except one.
A quirk in the state Constitution that dates back to 1855 creates a two-week lag between the day the governor and lieutenant governor take their oaths and when the other four statewide officials take office.
This year that quirk has left Thomas F. Reilly serving as attorney general for a full two weeks after Deval Patrick became governor. That means his elected successor, Martha Coakley, has been waiting in limbo until she is sworn in at 11 a.m. on Wednesday.
The staff of Coakley's successor, Gerard T. Leone Jr., moved into the Middlesex County district attorney's offices on Jan. 4, the day after he was sworn in. Reilly, however, is still in charge at Ashburton Place and is legally still the attorney general until Coakley raises her right hand in North Adams on Wednesday.
"Until she is sworn in, it's still Tom Reilly's office," said Emily LaGrassa, Coakley's spokeswoman.
Reilly, however, has made room for about a dozen of Coakley's staffers in the attorney general's office. "The outgoing administration has been very helpful," LaGrassa said. "It's been a smooth transition."
The attorney general was originally appointed by the governor so a two week lag was built in. At the time, the other constitutional offices -- secretary of state, auditor, treasurer -- were elected by the Legislature, according to David R. Guarino, director of communications for Reilly.
Then in 1855, the state Constitution was changed so all constitutional officers were elected by the people on the same day as the governor, Guarino said. The change, however, left the swearing date for the attorney general and others as the third Wednesday in January -- two full weeks after the rest of government.
That is why Coakley won't official be the attorney general until 11 a.m. on Wednesday, when Supreme Judicial Court Justice Francis Spina administers her the oath of office at the museum of contemporary art in North Adams. The two-term Middlesex County District Attorney will be the first woman to hold the attorney general post. Coakley choose North Adams for her swearing in to pay homage to her Western Massachusetts roots.
"She really wants to send a strong message that she represents the entire Commonwealth," LaGrassa said.
Reilly, a career prosecutor who also served two terms as Middlesex District Attorney before becoming attorney general in 1999, has not indicated what he plans to do after leaving office.
On Wednesday, the three incumbent constitutional officers will also take their oaths. A. Joseph DeNucci, a former professional boxer, will start another term as state auditor, a post his has held since 1987. DeNucci will be sworn in by Governor Patrick, who will also administer the oath to State Treasurer Timothy Cahill, who begins his second four-year term. William Galvin will be sworn in for his fourth term as Secretary of State.
