High Court Justice Asked To Dismiss Lawsuit Against Gov. Patrick

A justice of the Massachusetts Supreme Judicial Court is weighing if a lawsuit against Governor Patrick by a failed nominee to a district court judgeship in Berkshire County should move forward.

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Pittsfield attorney Michael McCarthy is joined in the civil suit by former Governor’s Councilor Mary Ellen Manning and current Councilor Michael Albano  of  Longmeadow

McCarthy’s nomination to the bench was rejected last year when the Governor’s Council deadlocked with Manning abstaining from the vote.  She later wrote to the governor to change her vote to confirm McCarthy’s nomination, but Patrick would not accept it.  An assistant attorney general this week argued a motion to dismiss the suit.  Justice Margot Botsford did not indicate how soon she might rule.