[V]ermont’s top court is blocking outgoing Gov. Peter Shumlin from appointing a new Supreme Court justice.
Earlier this week, House Minority Leader Don Turner, R-Milton, filed a motion in court questioning Shumlin’s right to name an appointment to the seat of a retiring Supreme Court judge.
The Supreme Court issued an order Friday afternoon preventing Shumlin from making an appointment to the Vermont Supreme Court.
The order calls on both parties to file documents with the court by the end of next week. A hearing on the issue is scheduled for Jan. 3.
Justice John Dooley announced in September that he would not seek to remain on the court at the end of his current term, which expires at the end of March.
Shumlin initiated the process to appoint a replacement in September. Earlier this month, the Judicial Nominating Board forwarded him names of six candidates from which to select an appointee.
Turner asserts that Shumlin does not have authority to appoint Dooley’s successor because his seat on the bench will not be vacant until April.
Shumlin has argued that Vermont law authorizes the governor to initiate the appointment process and name a replacement when a justice does not file for retention.
Shumlin spokesperson Scott Coriell referred questions on the case to the attorney general’s office.
