By Edward Mason
Staff writer
March 20, 2008 06:30 am BOSTON — Governor's Councilor Mary-Ellen Manning is blasting Gov. Deval Patrick's choice of a political supporter for a $107,000-a-year post as a workers' compensation judge. Cheryl Jacques, a former Democratic state senator who backed Patrick's gubernatorial bid, was nominated in February to serve as an administrative judge for the Department of Industrial Accidents, which rules on disputes between injured workers and employers. The Governor's Council will vote on the nomination Wednesday. Manning, a Salem lawyer who district includes Essex County, said Jacques, an attorney who has not practiced before the department, is unqualified to decide workers' compensation claims. "This is not a training ground," Manning said. The 46-year-old Jacques is now an attorney affiliated with Brody, Hardoon, Perkins & Kesten LLP, a Boston law firm. She also has her own political consulting firm, CJ Associates. She was a state senator from 1992 to 2003 and ran unsuccessfully for Congress in 2001. From 2003 to 2005, Jacques was president of the Human Rights Campaign, which fought efforts to ban gay marriage in Massachusetts. Jacques could also benefit financially. The six-year term will ensure she has 20 years of state service necessary to collect a full pension — she only has 16 years now, according to the state Treasury. And her pension will be based on her $107,000 annual salary, almost double what most state senators earn. On two separate occasions, Jacques refused to speak to The Salem News, though it is not unusual for people with nominations before the Governor's Council to decline interviews. During a March 5 hearing on her nomination, Jacques told governor's councilors that although she has not practiced before the Department of Industrial Accidents, she is qualified to be a judge there. "I certainly believe I have the qualifications, skill and background to do an excellent job," Jacques said. Jacques said her experience as a trial lawyer, assistant district attorney and assistant attorney general are relevant. She said that while she hasn't practiced before the Department of Industrial Accidents, she has appeared before state and federal courts. And as a private attorney, she has developed a strong foundation in personal injury and workers' compensation law, she said. But Manning said legal experience around the edges is not enough. "Workers' compensation isn't a field to be trifled with," Manning said. "To suggest anybody can do it is insulting to lawyers who care about workers' compensation and care about the rights of workers and employers." Manning also said she's troubled by Jacques' political connections. As a state senator, Jacques took contributions from groups that would have an interest in her rulings. Jacques received money from labor unions and physical therapy and chiropractic groups as recently as 2003, according to the Massachusetts Office of Campaign and Political Finance. Jacques backed Patrick's gubernatorial bid, and at one point donated $500 — the annual legal limit — to Patrick's campaign. At the hearing, Jacques said she would be understanding of all people coming before the board for justice. "I can think of no greater worry than a person who is injured and can no longer work," Jacques said. "It is something I understand as a lawyer, an employee, a spouse, a parent. I also understand as an employer wanting a fair day's work for fair day's pay." But Manning questioned whether the Patrick administration should have selected someone connected to his campaign. She said if former Gov. Mitt Romney had made a similar nomination, he would have been criticized. "She's a famous person who needed to land somewhere," Manning said. "I resent the implication that anybody can handle this important task of doling out small amounts of money to people with serious injuries." The Patrick administration would not comment for this story. The Massachusetts Workers' Compensation Advisory Council, which screens nominees, approved her nomination. Manning, citing past practice, declined to say how she'd vote Wednesday. Jacques nomination is expected to be approved.
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