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Judge raises conflict of interest concern in DiMasi pension case

E-mail|Link|Comments () June 14, 2010 11:16 AM

By John R. Ellement, Globe Staff

Former House Speaker Salvatore DiMasi's legal fight to resume collecting his state pension was put on hold this morning after a judge raised concerns about having a conflict of interest, according to DiMasi's attorney.

DiMasi has been indicted on federal corruption charges and as a result, the State Retirement Board voted last fall to suspend his state pension of about $5,000 a month.

DiMasi's attorney, Thomas Kiley, said in a telephone interview this morning that he believes the board's actions violated state law and DiMasi's constitutional rights and the former speaker wants a Boston Municipal Court judge to order the board to start paying him again.

Today, however, BMC Judge Raymond Dougan said from the bench that he has had frequent professional contact with DiMasi over the years, and suggested that a judge should be specially appointed to handle the case to avoid any suggestion of conflict of interest, Kiley said.

Kiley said Dougan made it clear that he could dispassionately handle the case, but the judge also said he wanted his judicial superiors to have some time to consider selecting a judge from outside the BMC.

Kiley said that Dougan did not detail what contacts he had with DiMasi. But Kiley said that the former speaker had an active district court practice for 30 years, was often handling cases at the BMC, and was also a member of the Legislature's judiciary committee for many years.

"He is a name that would cause anybody in the judiciary to sit up and say 'Can I hear this impartially?' '' Kiley said. "He (Dougan) didn't recuse himself, but he (rescheduled) so they can consider what they want to do.''

Dougan rescheduled the case for June 30.

A spokesman for state Treasurer Timothy Cahill said today that the board is reviewing Dougan's suggestions. Cahill is the board's chairman and has voted to withhold DiMasi's pension, a spokesman said.