Gov Council Incumbent Who Beat Franklin's Videira Now Bound for Magistrate Slot

In a late-term move, Republican Gov. Charlie has nominated Democrat Robert Jubinville, one of the elected members of the Governor's Council that vets judicial nominees, to serve as clerk magistrate of the Framingham District Court.

Jubinville only just won reelection over Franklin Republican Dashe Videira, in November.  Herald columnist Howie Carr broke the story of the appointment weeks ago, confirmed yesterday by the Administration. According to Carr's earlier coverage, the post has a $175,000 annual salary and carries no mandatory retirement age.

Since 2013, Jubinville has been a member of the council whose members, all Democrats, will now decide the fate of his nomination. The council has set aside just 30 minutes next Wednesday to hold a confirmation hearing with Jubinville.

Jubinville applied for the post on Aug. 23, while he was campaigning for reelection, according to a copy of the application shared by a council source.

His application also came just one day before the council interviewed his daughter, Sarah Jubinville, for a District Court judgeship.

Jubinville won reelection to the council in November over Republican  Videira, 194,480 to 112,941.  But there is not likely to be a second bite at the apple for Videira. If Jubinville's seat is declared vacant on swearing-in day in January, it will present the Legislature with an unusual opportunity to simply hand-pick a new council member. State Rep. Jeff Roy confirmed, "under Massachusetts Constitution, pt. II, c. 2, § 3, art. 7, as amended by art. XXV it is the job of the General Court to fill the post," when a vacancy occurs.

"I find it tremendously disheartening that Mr. Jubinville is giving up his seat less than one month after the Nov 8th election," said Videira. "I understand he was running unopposed originally. However, we ran a successful sticker campaign which proved to be quite victorious. 

"As the community continues to advocate for transparency, the timing of this new role for Jubinville makes you question if this was previously “planned," especially when you find out from a tweet made by Howie Carr.

"I understand Jubinville was never actively campaigning, but his name was on the ballot! I believe Jubinville did a massive disservice to the people by keeping this secretive. To my understanding, the position he is taking has been vacant for quite some time. If he was planning to transition, the public should of been notified in advance," said Videira.

"I wish success for Jubinville in his new adventure but I hope the people are paying attention to the continued games within the world of politics," Videira added.

A 1977 Suffolk University Law School graduate, Jubinville, of Quincy, started his legal career in 1979 with Buckley, Haight, Muldoon, Jubinville before moving to Flavin & Jubinville in 1993. Since 1996, he has operated his own law practice.

"With the addition of Attorney Jubinville, Massachusetts will receive a well-qualified candidate for the judiciary," Baker said in a statement. "I am proud to submit his nomination to the Governor's Council."

The Framingham clerkship opened up in 2020 with the death of the last clerk, Clerk Magistrate John DeLuca, according to a court spokeswoman.

Raised in Holyoke, Jubinville worked as a sprinkler fitter before serving in the U.S. Army from 1968 to 1970, including time as a 'human guinea pig' at the Natick Army Labs. He was a Massachusetts State Police trooper and detective from 1972 to 1979.

He received his bachelor's degree from Suffolk University in 1973 and his juris doctor from Suffolk University Law School in 1977.

A Milton Democrat, Jubinville often questions judicial nominees about issues related to substance addiction, and in 2015 he encouraged top lawmakers and the Baker administration to consider decriminalizing heroin.

Councilors have cooled off a bit since their raucous debates of 2017, which included a spat between Jubinville and Councilor Joseph Ferreira in which Jubinville called his colleague a "bootlicker" and "rubber stamp."

The council quickly scheduled a hearing for Jubinville, setting his public interview for 10 a.m. on Dec. 21, with Councilor Christopher Iannella of Boston presiding. The council has another hearing scheduled to start at 10:30 a.m. that morning.