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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 Council Approves Rename of DEI Office

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. —  After hours of testimony across multiple meetings, the City Council has approved a renaming of the DEI office. 

Mayor Peter Marchetti's request to rename the Office of Diversity, Equity, and Inclusion the "Office of Equity, Access and Opportunity" was approved on Tuesday.

This also merges the Human Rights Commission and Affirmative Action Committee into an "Equity, Access and Opportunity Commission."

"Everything that I've done so far for being mayor, what it comes back to is, ‘Well, if you can solve poverty, you can solve all the rest of the problems.' Well, here's our opportunity to begin that process," Marchetti said. 

"I'm really now regretting not asking the former city solicitors to get the job done, because I don't know that we'd be even having this conversation if this ordinance was put forward two years ago."

The meeting adjourned just before 10 p.m., when councilors would have needed to take a vote to extend it for an hour, a limit that was put into place during the COVID-19 pandemic. 

Basic facts about the Office of Equity, Access and Opportunity:

  • Upon adoption of the article, the chief diversity officer became the chief equity officer, and the budget and personnel of the Office of Diversity, Equity and Inclusion were assigned and transferred to the Office of Equity, Access and Opportunity.
  • The Office of Equity, Access and Opportunity will develop and implement policies, programs, and initiatives related to equity, access and opportunity.
  • The chief equity officer will:
    • Outline equity and engagement objectives for the next year, opine and provide input on city ordinances, rules, and policies upon the request of the mayor, city council, or department head. 
    • Be responsible for posting information regarding equal employment opportunity and nondiscrimination laws.
    • Act as a liaison with employment sources and organizations serving protected groups.
    • Share resources, reporting, and best practices with the Pittsfield Public Schools.
  • The chief equity officer will annually file a written progress report with the commission, mayor, and the City Council, indicating the progress toward achieving equity and engagement objectives.
  • Discrimination complaints can be filed with the chief equity officer or the director of human resources; the chief equity officer or mayor's designee will investigate the allegation. 
  • This also established the "Equity, Access and Opportunity Commission." 
  • One training per year is mandatory for all city employees. 

The Ordinance and Rules Subcommittee supported the changes in August; in September, Ward 2 Councilor Cameron Cunningham delayed the vote with a charter objection, wanting more data and proof of impact. 

The rename passed on Tuesday with Ward 7 Councilor Katherine Moody, Ward 1 Councilor Kenneth Warren, Ward 3 Councilor Matthew Wrinn, and Cunningham in opposition. Fourteen community members took the open microphone stand to speak in support of DEI. 

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