Local News

Candidate for SJC clerk joins rally against MBTA zoning law currently before the court

“The residents of Suffolk County deserve someone in this office who is committed first to serving them and advocating for their rights before the law,” Erin Murphy, a Boston city councilor, writes on her website.

Boston City Councilor Erin Murphy. Jonathan Wiggs/Globe Staff

June 20, 2024

A Boston city councilor and candidate for a position with the state’s highest court, which will be hearing a case on the controversial MBTA Communities Act later this year, recently joined residents in a protest against the law.

Councilor Erin Murphy, a Democrat who is running for Suffolk County Supreme Judicial Clerk in the September 3 primaries, appeared at a roadside rally against the law in Winthrop earlier this month, Commonwealth Beacon reported.

Murphy told Commonwealth Beacon she was taking part in a separate event in the area when she decided to stop by the rally, but said she has not taken a stance on the MBTA Communities Act. She added that she supports residents who are both in favor of and opposed to the law because she supports “any group anywhere that feels as though things are being shoved upon them.”

The MBTA Communities Act is an increasingly controversial law that requires 177 cities and towns in Eastern Massachusetts to rezone to allow for the construction of multi-family housing near MBTA stops. Proponents say the law will help ease the state’s housing crisis, while critics say it threatens the autonomy of local governments and residents.

About 60 communities covered by the law have already rezoned to comply with it, while residents in several towns have voted down efforts to rezone. Two towns — Milton and Holden — are currently out of compliance with the law.

Winthrop is one of the towns still struggling to comply with the act, with town leadership arguing it lacks the capacity to add the number of required housing units. Earlier this year, the state denied the town’s request to reclassify the community to a designation that would require less units.

SJC set to hear case against Milton’s non-compliance with the law later this year

At a town meeting in February, Milton became the first community to vote against compliance with the MBTA Communities law. When it missed the deadline to change its zoning earlier this year, Attorney General Andrea Campbell sued the town.

The case was expedited to the Supreme Judicial Court (SJC), and is set to be heard this fall. Campbell’s office hopes for a decisive vote by the SJC to make it clear to municipalities that the law is not optional, The Boston Globe reported.

By the time the next clerk takes office in January, the SJC will have already ruled on the MBTA Communities Act. But some are still criticizing Murphy’s participation in the rally, especially at a time when impartiality in the court system is being scrutinized on a national level.

“The appearance of impartiality goes all the way down to the clerk,” former federal judge Nancy Gertner told Commonwealth Beacon. “It shows poor judgment, especially at a time when the integrity of the courts are hanging in the balance.”

Clerk position calls for impartiality, independence

The clerk for the Suffolk County SJC is tasked with managing cases that only require one SJC justice, administrative and disciplinary matters affecting members of the bar, and bar admission and law practice in the state. While the clerk doesn’t directly vote on cases moving through the SJC, the job description includes “leading an independent judiciary,” according to the position summary.

Murphy, currently a Boston city councilor at-large, doesn’t have a legal background. In her pitch for the position on her website, she highlights her background as a teacher at Boston Public Schools and her current position as city councilor.

“The residents of Suffolk County deserve someone in this office who is committed first to serving them and advocating for their rights before the law,” Murphy’s website reads.

Murphy is running for the position against public defender Allison Cartwright. Maura Doyle, the current SJC clerk who is not seeking re-election, was a civil litigator in state and federal courts for 11 years.