Last week a Massachusetts Representative introduced, at the request of a constituent, HB 2172 a “bill of address” for the removal of Supreme Judicial Court Chief Justice Roderick L. Ireland and justices Francis X. Spina, Judith A. Cowin, and Robert J. Cordy.
There is no specific reasoning for the effort to remove these four justices in particular. The last such effort in Massachusetts occurred in 2004 and 2005 where bills of address were introduced against the justices that ruled in favor of same-sex marriage (Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003)). However, justices Cordy and Spina had dissents in those cases, while (then associate justice) Ireland and Cowin voted in favor.
Under the Massachusetts constitution, removal by bill of address requires only a majority of both the House and Senate, followed by the approval of the Governor and Governor’s Council. Where impeachment would require accusations of “misconduct and mal-administration”, bills of address do not require such findings.
The bill is currently pending before the Joint Committee on the Judiciary.