Closed-door session produces lifelong job
Contributor lands six-figure magistrate post
The Governor’s Council approved a lifetime, six-digit salary court appointment for a politically connected candidate Wednesday in a private meeting — prompting an accusation that it was an unprecedented, unnecessary violation of “public trust.”
“People are out of work in these times. There is no reason to be voting today for a nominee without a hearing,” Councilor Marilyn Devaney said. “Yes, we are in a pandemic and changes must be implemented, but we don’t have to violate the public trust.”
The council, which approves court positions appointed by the governor, voted to approve Kerrin Costello’s nomination as clerk magistrate of the Newburyport District Court during the remote assembly Wednesday, despite never having a public hearing, which was originally scheduled for March 18.
Devaney cited a 50-yearold policy set by the council to establish public hearings for all nominees, claiming Costello is the first to be voted on without one. Councilor Eileen Duff countered that the councilors carefully weighed that possibility and “the majority” ultimately agreed to hold a vote remotely.
“It is imperative that the Council fill the vacancies at this time in light of the stress the courts are under,” Duff said, citing the state of emergency. “I actually think it was the responsible thing to do on the part of the governor under these circumstances and in light of public safety and health.”
In response to a Herald request to join the call, Gov. Charlie Baker’s office cited a case law that exempts the body from the open meeting law. Baker declined to comment through a spokeswoman, but his office cited an emergency order that allows remote participation for the Governor’s Council, but does not set rules relative to hearings.
Costello, who has over 20 years of experience in the trial court, is married to an ex-state representative turned lobbyist and between the two of them gifted $2,200 to Baker and Lt. Gov. Karyn Polito, the Herald reported Wednesday.
Councilor Terrence Kennedy argued that Costello is “highly qualified” for the job, citing firsthand experience with her professionally in court.
“I don’t care who she knows and doesn’t know. She is qualified, period,” Kennedy told the Herald. “I have said this 1,000 times and I’ll say it again. Our job is not to look at how someone got there. Our job is to see if that person is qualified and Kerrin Costello was qualified.”