Gov. Healey defends nomination of former domestic partner to state Supreme Judicial Court

BOSTON — Gov. Maura T. Healey defended her nomination of associate state Appeals Court Justice Gabrielle Wolohojian, her former romantic partner of many years, to an open seat on the state Supreme Judicial Court.

“There is no one more qualified. There is no one more prepared to join the Supreme Judicial Court,” Healey said in response to criticism from the state Republican Committee that the appointment smacked of nepotism. “That’s not just my position, but overwhelmingly the position from the Nomination Commission and from the legal community.”

The Supreme Judicial Court seat opened with the resignation last week of Justice David A. Lowy.

“I am proud of the nomination,” Healey said, explaining that the greatest responsibility of her role as governor is to nominate the most qualified people to fill vacancies on Massachusetts benches in its courts.

“This is what the commonwealth deserves,” Healey said. “I don’t want the fact of her prior relationship with me to deprive the commonwealth of the most qualified person for the position.”

Healey’s nomination of Wolohojian was announced in a morning news release that quoted the governor, the lieutenant governor and Geraldine S. Hines, a retired associate justice of the state Supreme Judicial Court.

Lack of transparency in announcement

The release also included a comprehensive biography that highlighted Wolohojian's professional accomplishments as an attorney and judge, her ancestry as the daughter of Armenian immigrants, her academic career starting with her graduation from Rutgers, her degrees from Oxford University and her graduation from Columbia Law School, and even her talent as a concert violinist.

Absent in the release was any mention of the more than decade-long romantic relationship between the governor and the nominee. According to published reports, the two shared a home in Charlestown. The relationship was in its eighth year when Healey was profiled by Commonwealth magazine in 2015. Healey moved to the South End while campaigning for governor and then moved briefly to Porter Square in Cambridge.

She currently lives in Arlington with her partner, Joanna Lydgate, a former deputy in the Attorney General’s Office. She heads a Washington-based nonprofit.

What is the Republican response?

In a written statement, Republican Committee chairwoman Amy Carnevale said: “It is highly inappropriate for the governor to nominate to Massachusetts’ highest court an individual with whom she had a long-term romantic relationship in the past. This nomination clearly demonstrates a lack of accountability inherent in one-party rule. We urge the governor to immediately withdraw her nominee and, if not withdrawn, we urge the Governor’s Council to reject this nominee.”

The local Republican response to the announced nomination was slightly more restrained. Sen. Ryan Fattman, R-Webster, said that he found the applicant to be “clearly qualified."

Fattman added: “But the question here is about process. If you are nominated for this position independently, outside the governor’s office, I don’t think anyone questions it. But the inside nature will give people pause and rightfully so.”

The other Republican senator serving Central Massachusetts, Peter Durant, R-Spencer, did not immediately respond to a call for comment.

Sen. Michael O. Moore, D-Millbury, said the question revolves around the qualifications of the nominee.

“I don’t think it’s right to jeopardize someone’s career due to a past relationship,” Moore said.

Rep. David LeBoeuf, D-Worcester, said, “Every judicial nominee is thoroughly vetted by the Governor’s Council. I anticipated Justice Wolohojian will be evaluated by the council based on her merits and qualifications, just as all gubernatorial appointments are.”

Who is Wolohojian; what are her qualifications?

Wolohojian has served as an associate justice on the Appeals Court since February 2008. According to the news release, she has “sat on more than 2,700 appeals and authored more than 900 decisions."

Her experience as an attorney stems from her position with the Boston law firm of Hale and Dorr (now known as WilmerHale), a firm she joined in 1991, according to the release. She left the firm in 1994 to serve for 16 months as an associate independent counselor in the real estate investigation involving former President Bill Clinton.

In discussing the nomination process, Healey said Wolohojian was selected by the 27-member Judicial Nominating Commission.

“I nominated her,” Healey said, adding that her nomination was based on the recommendation of the commission, all of whom were appointed by Healey last year.

Healey said she can vouch for Wolohojian’s character, her integrity and the “kind of person she is,” based on her prior relationship with the judge. “I worked with her."

How does nomination process work?

The governor declined to discuss the workings of the Judicial Nominations Commission and whether the members vetted other candidates and offered Healey a list of potential names to fill the vacancy. There was no mention of how Wolohojian’s name was brought to the commission’s attention for consideration.

Healey does not expect there to be any conflict of interest from the nomination and possible appointment of her former domestic partner due to their prior relationship. She does not believe there will be circumstances in which Wolohojian will have to recuse herself from a case.

“I am not pushing the envelope,” Healey said. “It is my responsibility to name judges to the Supreme Judicial Court. I take it seriously and put forward the very best candidate possible.”

The commission is headed by Abin Thomas, a Healey appointee, formerly a vice president and assistant general counsel with Fidelity Investments. She also worked as a deputy chief legal counsel under former Gov. Deval Patrick.

Healey appointed a new slate of commissioners last year, promoting the body’s diversity. It includes 17 women, 10 people who identify as of color and three who identify as LGBTQ+. Healey also changed the procedures, allowing candidates to apply for any vacancy rather than specific opening as they had to do under former Gov. Charlie Baker.

The Governor's Council has the responsibility of vetting all judicial nominees and voting on the appointments.

This article originally appeared on Telegram & Gazette: Gov. Maura Healey defends nomination of former domestic partner to SJC