Editor’s note: This commentary is by Assistant Judge Charles L. Delaney, of Burlington, who has been a Chittenden County assistant judge since 2010. He is seeking re-election and is a candidate in the Aug. 14 Democratic primary.
[F]rom the first day Vermont became the 14th state of the union, assistant judges have been prominently written into the state constitution. In today’s world, you may ask yourself why this position in government is relevant. Now, as back then, average citizens felt small, even powerless against either the king’s law or our own state and federal laws today. It’s important this role is filled by a person from one’s own community carrying with them earned and developed knowledge. Assistant judges represent the people within the structure of the local state judiciary. We discern the facts of the court cases as established by the people involved. When there is a disagreement of facts, state judges cannot make legal decisions determining outcomes of cases. Simply put, this is our local form of checks and balances against higher state injustice or authority overstepping citizens’ rights.
Today, assistant judges sit in civil, family and state courts discerning facts. We administer county government as small as it is in Vermont. We oversee created budgets for fairness under law as to how county monies are spent. Our system requires two assistant judges, one county clerk, and the county treasurer to sign off on financial transactions of public money. We also oversee the physical property of our county as well as the sheriff’s department. As small as we are, we play a huge role. Our positions act as the local form of checks and balances between the state of Vermont and the needs of the constituency regarding the legal and financial rights of our county citizens.
My role as assistant judge started in 2010. I am also the former state chair of the Vermont Commission on Native American Affairs and helped to negotiate the criteria for state tribal recognition and other bills that are law today. Knowing how government works is essential. This knowledge was especially critical when state judiciary restructuring sought to eliminate county government in 2010. However, the fundamentals of checks and balances prevailed.
For 28 years, I’ve maintained a small business, paid my taxes and demonstrated consistent, active knowledge of bookkeeping as government should operate. We’ve administered county taxes close to .5 percent for the last eight years. Currently, all counties lose fees and ability to commission notaries. Chittenden County has offset this lack of income by lease of vehicle spaces after-hours. Recently, a spring storm downed our trees and these downed trees posed a safety risk. The county courthouse lawn has been reconstructed and new trees are about to be planted and dedicated. We have introduced a programmed business called Working Fields, which provides counseling and employment to those recovering from addictions. Working Fields has provided support for many in our communities including felons in recovery. We also support the use of mediation services which allows people more control over outcomes. Assistant judges are nationally certified in Chittenden County. What we do is essential for the citizens we serve.
I’ve asked Rep. Michael Yantachka of Charlotte to sponsor H.849. This would allow assistant judges to perform clerical duties in court like resetting schedules for things like conferences and motions to amend cases. This, then, would afford time for state judges to write decisions in timely fashions. Being the largest county in Vermont, the Chittenden County courts are at times overwhelmed. H.849 would increase the efficiency of the courts. This is commonsense help. Please ask your state representatives to support H.849. Better public service starts with having our voices heard in committees starting with the House Judiciary Committee.
As small as county governments are, assistant judges act as protection and an active form of checks and balances under the Vermont Constitution. You may not always recognize the importance of assistant judges but without them, we’d be more vulnerable. Their absence would be felt.
