FOR IMMEDIATE RELEASE—GOVERNOR’S COUNCILLOR

MARY-ELLEN MANNING’S RESPONSE TO

THE JOINT STATEMENT OF SJC CHIEF JUSTICE MARSHAL AND

TRIAL COURT CHIEF JUSTICE MULLIGAN ON

 

    DECEMBER 3, 2007, SALEM, MASSACHUSETTS - On November 30, 2007, Chief Justice of the Supreme Judicial Court Margaret H. Marshall and Chief Justice for Administration and Management Robert A Mulligan issued a joint statement regarding the public criticism of Judge Kathe Tuttman.  I quite agree with the Justices that where, as here, “a judge makes a decision that results in the release of a person who goes on to commit an act of violence against other human beings, the decision should be scrutinized.”  Just as criticism “that ignores the legal principles” is unfair, so too is a defense of her conduct that does not fully apprise the public of all relevant legal principles.  In the first instance, the criticism is unfair to Judge Tuttman—in the second, the defense presented works an injustice to the public.  In my capacity as a Governor’s Councillor, I represent the public.  With that in mind, I submit the following information for the public to consider.

    

    The joint statement asserts that the Massachusetts Code of Judicial Conduct “prohibits a judge from speaking to the press or the public, outside of court and many months later, about the reasons for a particular decision.”  The statement goes on to assert that the Code requires a judge to abstain from such public interchanges.

 

    The applicable rule is Canon 3 B(9) of the Code of Judicial Conduct.  The general rule regarding judicial comment fairly approximates that which is laid out in the Justices’ joint statement, at least for pending cases.  However, the Canon has three potent exceptions, one of which is applicable here:

 

A judge is permitted to make public statements in the course of his or her official duties or to explain for public information the procedures of the court, general legal principles, or what may be learned from the public record in a case.  Code of Judicial Conduct Canon 3 B(9)(a).

 

    While the Judge may not wish to comment, and the Justices may want to support her, or even require her to so refrain, the Code of Judicial Conduct simply does not prohibit judges from issuing statements for the purpose of explaining decisions for public information or edification.