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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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Pittsfield Teacher on Leave for Allegedly Repeating Slurs

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — A Herberg Middle School teacher was put on leave after allegedly repeating homophobic and racial slurs used by a student. 

The teacher was reportedly describing a classroom incident when the slurs were repeated. On Wednesday, the Pittsfield Public Schools Human Resources department confirmed that an 8th-grade teacher at the middle school was placed on leave this week. 

The complaint was publicly made last week by parent Brett Random, who is the executive director of Berkshire County Head Start. 

On her personal Facebook page, she said her daughter reported that her math teacher, "used extremely offensive language including both a racial slur (N word) and a homophobic slur (F word) and then reportedly tried to push other students to repeat those words later in the day when students were questioning her on her behavior."

"While I appreciate that school administrators have begun addressing the situation, this is bigger than one incident. It raises serious questions about the culture within our schools and what students may be experiencing from adults they're supposed to trust," Random wrote.

"This moment should be used to take a hard look at how we're supporting responsive teaching, anti-racism, respect and creating truly inclusive classroom environments."

Her original post was made on April 30. On May 2, she reported that interim Superintendent Latifah Phillips and School Committee members Ciara Batory and Sarah Muil promptly responded and recognized the seriousness of the situation. 

"We are aware of allegations involving a staff member at Herberg Middle School and take concerns about derogatory and discriminatory language very seriously," Phillips wrote in an email to iBerkshires. "We recognize the impact this type of language has on students and families, and our priority is maintaining a safe and respectful learning environment while we conduct a fair and thorough review. Because this is a personnel matter, we cannot share additional details at this time."

The Berkshire Eagle, which first reported on the incident, identified the teacher as Rebecca Nitsche, and the teacher told the paper over the phone, "All I can tell you is it's not how it appears." Nitsche told the paper she repeated the words a student used while reporting the incident to another teacher because officials needed to know it happened. 

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