Salinger, Kenneth W.

Judicial Biography

Year admitted to bar:

1990

Year appointed/elected:

2012, by Gov. Deval Patrick

Bench Service:

Superior Court, 2012-

Background

Education:

Harvard Law School
Tufts University

Professional

Legal Employment History:

The following article ran prior to Judge Salinger’s confirmation in June 2013:

Judicial nominee Kenneth Salinger’s supporters spoke effusively for his efficiency, legal smarts and sense of humor, but opponents spent more than an hour prodding and criticizing the Arlington resident for legal arguments he has made to uphold gun control, maintain buffer zones around abortion clinics and to oppose a federal ban on gay soldiers openly serving in the military.

While Salinger’s arguments in those cases were made professionally, he said, opponents of the assistant attorney general’s appointment also seized on donations Salinger and his wife have made to liberal organizations such as EMILY’S List and MoveOn.org, and accused Salinger of inexperience because he never worked for himself – only for law firms and the attorney general.

“I’ve had the privilege of defending all kinds of laws,” said Salinger, who is seeking a Superior Court judgeship and faced a public interview by the Governor’s Council Wednesday afternoon hearing that lasted three and a half hours.

The 51-year-old attorney began his professional career at the State House, first as budget assistant for Senate Ways and Means Committee Chairwoman Patricia McGovern in 1980, rising up over the years to become her deputy fiscal policy director in 1988. From there, Salinger went into private practice and in 2006 became an assistant attorney general defending the state’s laws and decisions.

“It’s hard to get a gun license in this state and the state laws make it that way and you defend these laws,” said First District Councilor Charles Cipollini, toward the end of an extensive criticism of Salinger for his political donations and legal work on behalf of the state and private clients.

The prospect of a donor to EMILY’S List attaining a seat on the Superior Court bench was reason enough to bring out C.J. Doyle, of the Catholic Action League of Massachusetts, who said the donations combined with Salinger’s successful defense of a buffer zone to keep protestors a certain distance away from abortion clinics were “threats on religious liberty.”

“I agree with Mr. Doyle about the importance of religious liberty,” said Salinger, later adding that the belief is reinforced by his father’s experience as a Jew fleeing Nazi Germany in the 1930s.

After the hearing, Salinger declined comment to the News Service “out of respect for the Governor’s Council’s role.”

The most fiery criticism of Salinger came from Joseph Lydon, a retired attorney who accused Salinger of downplaying his political contributions in a questionnaire from the Governor’s Council.

“He attempted to word his answer cleverly, and less than forthright and in an unctuous manner. That tells me all I need to know about someone who’s going to sit on the Superior Court,” said Lydon.

Lydon’s testimony in turn drew a question from District 3 Councilor Marilyn Devaney, about which councilor had given Lydon the questionnaire, which the council office does not publicly release before the interview stage. Lydon at first said “they’re online,” and later said Devaney was “just asking to entrap.”

After the meeting, Cipollini told the News Service that he had mailed Lydon the questionnaire. “I did send them the Governor’s Council questionnaire,” Cipollini said.

Salinger also drew questions and criticism from one of the more liberal members of the council, District 6 Councilor Terrence Kennedy who was concerned about Salinger’s lack of criminal law experience, besides some pro bono work in 1994 and 1995.

The witnesses who testified on Salinger’s behalf described him as hardworking, smart and considerate, even when he was on the other side of a case.

“It wasn’t as if he took a hard line,” said attorney Vincent Murray, who lost three decisions to Salinger and said Salinger “showed concern” for a client who was a State Police officer seeking retroactive benefits for psychological damages he suffered when his partner was attacked.

Salinger’s current superior, Chief of the Administrative Law Division of the Government Bureau William Porter, was effusive in his praise for the attorney. “I have never known or worked with an attorney who was more productive or more efficient,” said Porter, continuing, “The more he has to do the more cheerfully he seems to do it.”

Kennedy also had some praise for the lawyer. “I congratulate you on the way you’ve handled yourself today because this is one of the more difficult hearings we’ve had recently,” Kennedy said.