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Ward 2 Councilor Brittany Noto, seen above, and Ward 1 Councilor Kenneth Warren petitioned for more geographical diversity in the Appeals Court.

Pittsfield Council Requests Geographical Diversity in Appeals Court Justices

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The City Council would like to see geographical diversity in the Massachusetts Appeals Court system.

On Tuesday, a petition requesting at least two associate justices are from Western Mass — specifically Berkshire County — was presented to council. Ward 1 Councilor Kenneth Warren and Ward 2 Councilor Brittany Noto originally proposed one but the petition was amended to request two local representatives.

"It is not a normal petition but it's just about supporting regional diversity on our Appeals Court," Noto said.

Councilor at Large Kathy Amuso suggested the amendment to two associate justices.

"Western Mass is sometimes forgotten so I guess I would like you to look at at least two associates," she said. "Because there is 24, I think two would be more appropriate for our state."

Amy Lyn Blake is the chief justice of the Appeals Court and assisting her are 24 associate judges.  Warren reported that in a recent interview, Blake mentioned that she finds geographical diversity important.

"Which would also apply, actually, to the Supreme Judicial Court," he said. "What that means is we, out here in Western Mass, should have some representation along with all the lawyers and judges that get appointed out near Boston."

He pointed out that Berkshire County has been "very fortunate" that it has had two justices on the Supreme Judicial Court: the late Justice Francis Quirico and retired Justice Francis Spina.

"Our constituents are entitled to have representation at all levels of government. I think the courts are one of them," Warren said.


"I don't think this is a big ask."

Noto pointed out that Associate Justice Paul Smyth is from Pittsfield. In 2015, he was appointed associate justice of the Pittsfield District Court and was elevated to first justice in 2018. He presided over the Berkshire County Drug Court from 2017 to 2022 and was appointed to the Appeals Court later that year.

The petition states that Governor's Councilor Tara Jacobs, state Sen. Paul Mark, and state Rep. Rep. Tricia Farley-Bouvier will be notified of the council's support.

"It's great to have the Pittsfield City Council join in the effort to request Governor Healey provide for regional equity in the judicial branch by appointing judges from the Berkshires and Western Massachusetts," said Mark when asked for his thoughts.

Jacobs, representing District 8 that includes the Berkshires, said there are currently three members of the Appeals Court from Western Massachusetts, including Smyth. She said she appreciates the council's attention to the judicial nomination process, regional equity, and representation in our judiciary.

"I absolutely agree that Western Massachusetts representation, in equitable distribution, is a matter that needs our ongoing support and advocacy," she wrote to iBerkshires in an email.

Warren pointed out that Hampden County sent a letter to Gov. Maura Healey and the Governor's Council asking for representation, observing that if the biggest city in Berkshire County's council doesn't follow suit, "what are we here for?"

Jacobs confirmed that Hampden County currently has no representation on the Appeals Court and it is her understanding that Central Massachusetts has only one current member.

She clarified that ultimately, the outcome of the nomination process rests on the quality and qualifications of those who apply more than regional considerations. She encouraged efforts to focus on influencing quality candidates to apply and said she will full throatedly support such an applicant to the best of her ability.


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Dalton Board Signs Off on Land Sale Over Residents' Objections

By Sabrina DammsiBerkshires Staff

Residents demanded the right to speak but the agenda did not include public comment. Amy Musante holds a sign saying the town now as '$20,000 less for a police station.'
DALTON, Mass. — The Select Board signed the sale on the last of what had been known as the Bardin property Monday even as a handful of residents demanded the right to speak against the action. 
 
The quitclaim deed transfers the nine acres to Thomas and Esther Balardini, who purchased the two other parcels in Dalton. They were the third-highest bidders at $31,500. Despite this, the board awarded them the land in an effort to keep the property intact.
 
"It's going to be an ongoing battle but one I think that has to be fought [because of] the disregard for the taxpayers," said Dicken Crane, the high bidder at $51,510.
 
"If it was personal I would let it go, but this affects everyone and backing down is not in my nature." 
 
Crane had appealed to the board to accept his bid during two previous meetings. He and others opposed to accepting the lower bid say it cost the town $20,000. After the meeting, Crane said he will be filing a lawsuit and has a citizen's petition for the next town meeting with over 100 signatures. 
 
Three members of the board — Chair Robert Bishop Jr., John Boyle, and Marc Strout — attended the 10-minute meeting. Members Anthony Pagliarulo and Daniel Esko previously expressed their disapproval of the sale to the Balardinis. 
 
Pagliarulo voted against the sale but did sign the purchase-and-sale agreement earlier this month. His reasoning was the explanation by the town attorney during an executive session that, unlike procurement, where the board is required to accept the lowest bid for services, it does have some discretion when it comes to accepting bids in this instance.
 
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