Massachusetts makes history again! Governor Healy’s nominee, Springfield attorney Tracy E. Duncan (although the first African American judge born and practicing in Springfield), will be the second African American woman to serve on the Western Massachusetts Superior Court. Judge Duncan is a native of Springfield, Massachusetts. She graduated from MacDuffie High School and received her BA from Lake Forest College in 1980. She returned to her hometown to complete her JD degree at Western New England University School of Law in 1988.
Judge Duncan has practiced criminal law for over 30 years. She started her legal career handling care and protection and juvenile delinquency cases in Juvenile Court. She quickly expanded her practice to include criminal law, landlord and tenant law, and probate law. In addition to representing clients in Superior Court, she has also represented criminal defendants in the United States District Court. In 2023, Judge Duncan was recognized by the Hampden County Lawyers for Justice (HCLJ), Inc. for her exceptional work in criminal defense and honored with the 2023 Distinguished Bar Advocate Award.
Judge Duncan is also very active in the community. She is a member of the Greater Springfield Chapter of the Links, Inc., the Springfield Chapter of Girl Friends, Inc., and the Alpha Kappa Alpha Sorority. Additionally, she devotes time to mentor students at the S.T.E.M. Middle School for their Moot Court Competition.
To say that it is disappointing that Judge Duncan will join the ranks of just one other African-American woman to sit on the Superior Court would take away from the celebration of this significant occasion. But, it is disappointing. In 1998, Judge Tina Page was the first African American woman appointed to the Western Massachusetts Superior Court. She retired in 2018. It would take five years before that bench in Western Massachusetts would open its door again.
Lack of diversity on the bench is not unique to Massachusetts. In fact, a study by the Brennan Center for Justice in 2022 reported that no judges of color have been elected or appointed in twenty-two states. While this number might be startling, when you look at racial/ethnic categories, the number is even higher. Forty-seven states do not have any Native judges, forty-four states do not have any Asian American judges, forty states do not have any Latinx judges, and twenty-eight states do not have any African American judges. Although Judge Duncan’s appointment brings jubilation to the Western Massachusetts community, which includes Berkshire, Franklin, Hampden and Hampshire counties, more diversity is needed in the courtroom. And, while this might seem critical of the judicial nominating committee (it is not), in a justice system that sometimes seems broken, I join those who believe that Judge Duncan’s commitment, lived experiences and fairness, are just what we need to fix it. ■
