allaboutwomen

By Dave Wedge and Hillary Chabot
Tuesday, January 4, 2011 - Added 44 minutes ago

Former Probation Commissioner John J. O’Brien, who stepped down last week amid a swirling patronage scandal, has filed paperwork to get his pension, officials said.

“He had a distinguished career in probation and he deserves his retirement benefits,” said Paul Flavin, O’Brien’s attorney.

O’Brien, who was making $130,000 a year and has worked in the courts for more than two decades, could receive roughly $52,000 annually.

Treasurer Tim Cahill’s spokesman David Kibbe said O’Brien’s resignation had “no impact” on his pension.

He said O’Brien won’t get paid until his request is processed, which takes between 60 and 90 days.

O’Brien stepped down on New Year’s Eve, just days before a state disciplinary panel chaired by Trial Court Chief Justice of Administration and Management Robert Mulligan was slated to hold a termination hearing.

The Supreme Judicial Court recommended O’Brien’s ouster based on a damning report by independent counsel Paul F. Ware Jr. which alleged widespread “abuse” and “fraud” in probation hiring. Ware’s report alleged that political donors recommended by Beacon Hill lawmakers were hired over more qualified applicants. The report has touched off a flurry of probes, including federal and state criminal investigations.

O’Brien could lose his pension if convicted of a crime connected to his official duties, but he is not currently facing charges. O’Brien has denied any wrongdoing and said he stepped down because he didn’t believe he’d get a fair hearing.

Flavin told the Herald last week his client resigned because the SJC refused to allow him to review Mulligan’s testimony to Ware, including statements about a handwritten note from the judge to O’Brien thanking him for hiring the daughter of his brother’s friend.

Flavin, who has called his client a “scapegoat” in a power play for control of Probation, also wanted Mulligan off the panel because the judge signed off on O’Brien’s hirings. The SJC denied the request.

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 + John J. O’Brien  + Paul Flavin  + Tim Cahill