# Despite some opposition, Botsford is confirmed to SJC



## kwflatbed (Dec 29, 2004)

*Critics call her sentences lenient*










Margot G. Botsford is scheduled to be sworn in 
by Deval Patrick on Tuesday. 
(PAT GREENHOUSE/GLOBE STAFF/file)

By John Ellement, Globe Staff | September 1, 2007

Superior Court Judge Margot G. Botsford was confirmed to a seat on the Supreme Judicial Court yesterday, despite renewed complaints from some members of the Governor's Council that her sentences were too lenient and her political connections too deep.

In a 5-to-3 vote, the council endorsed the Jamaica Plain resident's nomination during a 20-minute hearing, clearing the way for Governor Deval Patrick to swear her in at a ceremony scheduled for Tuesday at the John Adams Courthouse in downtown Boston.
Botsford, 60, who will become only the fifth woman to sit on the court since it was established in 1692, did not attend the hearing and could not be reached for comment. Patrick issued a statement lauding the council's vote, and his chief counsel dismissed allegations that political connections influenced Patrick's choice of the veteran judge as "ludicrous."
Botsford is Patrick's first nomination to the Supreme Judicial Court. She succeeds Justice Martha B. Sosman, who died in March. "Her experience, her exceptional understanding of the law, and her integrity will serve us all well," Patrick said.
The three councilors who cast votes against Botsford repeated criticism during the hearing of what they said was leniency in sentencing. Marilyn M. Petitto Devaney, a councilor from Watertown, said she voted against Botsford because, in her view, Botsford had demonstrated greater concern for the rights of sex offenders than of victims.
"I cannot in good conscience support the nomination of Judge Botsford," said Devaney. "I will be voting no on behalf of all the victims who sought justice but did not receive it."
During a hearing on her judicial nomination on Wednesday, Botsford was questioned about the eight-to-11-year sentence she gave a former Catholic priest who had molested five boys. Prosecutors had sought a sentence of 12 to 15 years, while defense lawyers for the former priest, 59-year-old Robert Burns, sought five to eight years.
Patrick's administration came under fire from Councilor Mary-Ellen Manning for campaign donations it received from Botsford's husband, S. Stephen Rosenfeld, who gave $100 above the legal limit to Lieutenant Governor Timothy P. Murray's campaign. The Boston Herald has reported that Rosenfeld gave three times the legal limit to the Patrick campaign last year.
"The donations made to this administration by the nominee's husband were fully intended to influence" how the Patrick administration selected Botsford for the vacant seat on the Supreme Judicial Court, Manning contended.
Murray, who presided over the vote of the Governor's Council, said after the hearing that Botsford has proven herself to be a fair judge who offers balanced decisions and not someone who favors the defense at the expense of crime victims.
"I don't think people fully understand or fully listened, in some of the cases, to what she was limited, or allowed to do, under the law," Murray said.
Ben Clements, the governor's legal counsel, said in a later telephone interview that it was unfair to link Rosenfeld's campaign donations to his wife's nomination.
He pointed out that Botsford has been a Superior Court judge for 20 years. She was appointed by Governor Michael S. Dukakis when her husband was a top official in the Dukakis administration.
"The caliber of this nominee is so indisputably high, the idea that the contributions that her husband made played any role just makes no sense, frankly," Clements said.
In a statement, Massachusetts Bar Association president Mark D. Mason applauded the choice of Botsford and congratulated her on being elevated to the highest court in the state.

http://www.boston.com/news/local/articles/2007/09/01/despite_some_opposition_botsford_is_confirmed_to_sjc/


----------

