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The Boston Globe


Nancy Gertner and Richard A. Gargiulo

Judging the judges in Mass.: Protect independence

Suffolk District Attorney Dan Conley has decried the decision by the Commission on Judicial Conduct to dismiss his complaint charging Boston Municipal Court Judge Raymond Dougan of anti-prosecution bias. Transparency, Conley insisted, had been undermined because the judicial disciplinary process was confidential. Worse, he said, accountability had been compromised, apparently because the outcome was not what he wanted.

Conley’s remarks were irresponsible. It is one thing for the DA to challenge a judge based on nine years of decisions he did not like, which led to subpoenas of the judge’s diaries, many years after the fact. It is quite another to excoriate the Commission on Judicial Conduct, and by implication, the Supreme Judicial Court.

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