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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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Fenton: Governor's Council Must Deliver for the Berkshires

Community submissionGuest Column
I am a Springfield lawyer running for Governor's Council and I am asking for Berkshire County residents to support me over an incumbent from North Adams. 
 
Here's why: Last year I learned about staffing issues in our regional courts that I could not ignore. In 2025, it was reported that four of Western Massachusetts' 11 Superior Court judgeships were vacant, all at the same time. A few weeks later, that grew to five vacancies. This meant there were only six Superior Court judges serving all of Western Mass at a time when Berkshire, Hampshire, Franklin, and Hampden counties had more than 100 pending homicide cases. 
 
Those numbers were alarming to me, so I started to engage with leaders in the community who work most closely with the court system and I came to learn that these vacancies were only the tip of the iceberg here in Berkshire County.
 
I learned that no Superior Court or District Court judge had been appointed from the Berkshires since the current incumbent took office. As a result, there is not a single Superior Court judge who lives in the Berkshires today, and several of the District Court judges drive in from other counties to support Berkshire courts in Pittsfield, Great Barrington, and North Adams. Court staff also informed me about severe staffing shortages at the Berkshire Clerk of Courts office resulting in other counties needing to loan staff to the Berkshires just so hardworking employees can take a brief and planned summer vacation. This is not normal. These issues are a reflection of genuine problems with the Berkshire County court system and show a lack of proactive attention from our Governor's Councilor.
 
Instead of focusing on regional equity, I watched as the current incumbent celebrated that she has voted against the governor's nominees more than any other councilor, without much explanation as to why. Most recently, she voted against two extremely qualified former prosecutors for the Parole Board. This was despite an in-person plea from the governor and a letter of support from all the three of the district attorney's from Western Mass. Those votes do not show independence or standing up for principles, they demonstrate naivete, and an unwillingness to work with the key stakeholders.
 
I had seen and heard enough. I decided to jump in the race and challenge the incumbent to address these problems head-on.
 
I am a partner of a regional law firm. I understand our courts and the importance of having qualified, fair and hardworking judges. And I know how important it is to have judges from the Berkshires serving the Berkshires. To achieve that, you need strong relationships with the legal community and local stakeholders. You need to know how to use the power of the Governor's Council to fight forcefully for our region. And you need to be laser focused on identifying vacancies before they occur so that they can be filled quickly with local candidates.
 
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