Botsford dismisses McCarthy case, calls it ‘highly unfortunate’

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A Supreme Judicial Court justice has dismissed a lawsuit against Governor Deval Patrick filed by judicial nominee who twice failed to win Governor’s Council approval as he pursued a district court judgeship.

Pittsfield lawyer Michael McCarthy sued Patrick and Secretary of State William F. Galvin, asserting the governor, who nominated McCarthy, “deprived” him of a judgeship. Governor’s Council member Michael Albano and former councilor Mary Ellen Manning were also plaintiffs in the lawsuit.

Judge Margot Botsford ruled in Patrick’s favor, and called the case “highly unfortunate.”

In voting against McCarthy, councilors had said they were concerned about comments he made during a confirmation hearing suggesting he would “hint” to inexperienced prosecutors who were failing to make their case.

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