The Justices of the Supreme Judicial Court today issued
a statement outlining the actions to be taken by the Trial Court regarding
the hiring and promotion practices of the Massachusetts Probation
Department.
The Justices reviewed the comprehensive reports on the hiring and promotion
practices of the Probation Department recently issued by the SJC's Task Force
under Attorney Scott Harshbarger's leadership and by the Executive and
Legislative Branches’ Probation Reform Working Group. They noted the two groups
agree in large part on measures that will "ensure a fair system with transparent
procedures in which the qualifications of an applicant are the sole criterion in
hiring and promotio" in the Probation Department, and the Justices "fully
embrace and support these recommendations."
The Justices also agree with the two-phased approach the SJC Task Force
proposed "in light of the urgency and need to address these concerns and the
priority that must be given to the corrective actions required." They
noted that "[a] properly functioning Probation Department plays a vital role in
the day-to-day success of our court system."
After consulting with Chief Justice for Administration & Management
Robert A. Mulligan and Acting Commissioner of Probation Dr. Ronald P. Corbett,
Jr., the Justices stated that it is "necessary and appropriate" to take the
following actions:
Implement the seven national best practices involving hiring and promotion
practices identified in the Task Force Report;
- Implement Phase 1 of the process recommended by the Task Force in order to
begin rapid rebuilding of the Probation Department's human resources and
recruiting infrastructures, including by filling critical management positions
and securing the expertise of human resource professionals; and following a
review of the Phase 1 implementation, implement Phase 2;
- Ensure that all positions are filled based on merit, and that
recommendations from public officials and others are kept out of the hiring
and promotional process until the finalists have been selected and references
are being checked;
- Update and where necessary develop credible staffing models based on
national probation standards to determine the number and type of employees
necessary in each court location and area of responsibility; and
- Continue to develop and deploy an annual evaluation system for all
probation operations and probation professionals, and implement data
collection and monitoring systems necessary to such evaluations.
The Justices also asked the SJC Task Force to provide, on an interim basis,
oversight of the Probation Department's progress in implementing these reforms
and to provide periodic reports to the Supreme Judicial Court and to the
public. The Justices noted "the significant progress that has been made in
the last eight months toward the goal of reestablishing the Probation Department
as a credible and reliable institution within our judicial system."