Gov. Phil Scott has named Judge William Cohen of Rutland to a seat on the Vermont Supreme Court.
Cohen has served on the state Superior Court bench for 20 years. He was appointed a trial court judge by Gov. Howard Dean in 1999.
“Appointing a Supreme Court justice is one of the most important decisions any governor must make,” Scott said in a statement issued Thursday morning.
“We entrust members of our state’s highest court with upholding our Constitution and laws, being fair minded, committed and just,” the governor said. “Bill understands the needs of Vermonters as well as the challenges facing the judiciary and the justice system.”
Cohen, 62, will replace Associate Justice Marilyn Skoglund, who retired from the state’s top court in September.
He is set to be sworn in later this month.
Cohen said Thursday afternoon that he saw his appointment to the Supreme Court as an advancement to the 20 years he served on the state’s trial court bench.
“It’s a little bit different perspective on dealing with the law,” he said of the Supreme Court.
Asked to describe his judicial philosophy, Cohen replied, “Moderate, balancing the law with the human needs.”
He said he found it difficult to single out any one ruling or decision he issued during his tenure on the bench.
“That’s such a hard thing,” he said. “A big decision to the public is different than a big decision to the individuals who are there. To people who are in front of you, every decision is a big decision.”
Some rulings by Cohen have made big headlines over the years.
In 2004, Cohen made a landmark decision in the civil union child custody dispute in the case Miller-Jenkins versus Miller-Jenkins.
In that case, Cohen issued a ruling for the first time by a Vermont judge that granted a person in a civil union legal rights as a parent even though that person was not the biological or adoptive parent of a child.
The case attracted national headlines, highlighting the fate of children in relationships sanctioned in one state, but not in others.
In another high-profile case, this one involving public records, Cohen issued a ruling in a lawsuit filed by the Rutland Herald against the city of Rutland.
In that case, the judge found that the public interest in knowing about the actions and names of Rutland City police officers who viewed pornography on the job held sway over the officers’ privacy rights.
The Vermont Supreme Court in 2013 upheld Cohen’s decision, and the records were released following a three-year battle.
In a more recent decision in a criminal case brought against Max Misch, a white supremacist from Bennington, Cohen upheld the constitutionality of a new law that established limits on the size of magazines for firearms in Vermont.
Cohen, in his ruling, denied a bid by Misch’s attorneys to dismiss on constitutional grounds two misdemeanor counts of possessing magazines over the size limits.
“Over 240 years ago, the people of Vermont inscribed on their basic law their right to bear arms and their commensurate right to circumscribe that right through reasonable legislation,” the judge wrote in his decision.
“Those freedom-loving people recognized the need to cede a measure of freedom in exchange for the benefits conferred by association and community,” Cohen wrote, then added, “This balance is consistent with the State’s basic law and will not today be disturbed.”
The case has since been appealed to the Vermont Supreme Court where it remains pending.
On the state trial court bench, Cohen has presided in courts in Bennington, Rutland and Windsor counties. In the legal profession, he began his career as a deputy state’s attorney and then moved on to private practice.
In private practice, he has previously worked in the same law firm in Rutland as Paul Reiber, the chief justice of the Vermont Supreme Court.
Cohen, who grew up in Rutland, received a bachelor’s degree from George Washington University in environmental science and a law degree from Vermont Vermont Law School.
Cohen is Scott’s second Supreme Court appointment since taking office in January 2017. In March 2017, Scott appointed Justice Karen Carroll to the high court.
The selection of Carroll to take the place of the then-Justice John Dooley resulted in the high court having a majority of women, as Carroll joined Skoglund and Justice Beth Robinson. The other two members of the five-person court are Justice Harold Eaton and Chief Justice Reiber.
Now, with Cohen’s appointment, the court’s makeup shifts to three men and two women.
The Vermont Judicial Nominating Board screened applicants and submitted a list to the governor of qualified people seeking the post. The names presented to the governor are kept confidential.
According to Rebecca Kelley, the governor’s spokesperson, seven names were on that list, with three of those women. Of the seven names forwarded to the governor, five were judges, including one woman.
“We had some great candidates in this round for Supreme Court justice,” the governor told reporters Thursday at his weekly press conference.
“At the end of the day I had to pick the person that I thought had the background and the temperament and was connected enough to Vermont to do this position at this point in time,” Scott said. “I thought Judge Cohen would be the perfect person.”
The governor referred to Cohen as a “common-type” of person. “His humbleness, I think, will suit him well,” Scott said of Cohen.
Vermont Defender General Matthew Valerio, who is from Rutland County, said he has known Cohen for many years. Valerio called Cohen “thorough” and “deliberate.”
“I think he’s a very middle of the road, moderate guy,” Valerio said of Cohen. “I can see why Gov. Scott would identify with him as a good candidate.”
Valerio said he considers Scott, a Republican, “not overly conservative.”
While Cohen has served two decades as a trial court judge, Valerio said he hasn’t heard anyone refer to him as either pro-law enforcement or pro-defense.
“He’s very much wedded to precedent in the law and enforcing or interpreting the law as it’s understood,” Valerio said. “So I don’t think you’ll get a lot of surprises.”
Robert Sand, director of Vermont Law School’s Center for Justice Reform and a former Windsor County state’s attorney, called Cohen a judge who keeps an open mind.
“I’ve always found him to be measured, approachable, and has a calm but commanding presence,” Sand said, adding, “It would really surprise me if anyone would say that he is strident one way or the other.”
John Campbell, executive director of the Vermont State’s Attorneys and Sheriffs Association, echoed the comments of Valerio and Sand.
“He is a guy who is going to bring candor and commonsense to the Supreme Court,” Campbell said of Cohen. “He’s extremely fair, I’ve never seen him be more proactive of one side or another.”
Sen. Joe Benning, R-Caledonia and a member of the Senate Judiciary Committee, said Thursday he was pleased the governor selected a person with experience on the trial court bench.
“Most of the cases the Supreme Court sees have trial-related issues,” Benning said. “It’s always very helpful to have someone at that level knowing what goes on at the actual trial court.”
Benning called Cohen a moderate, highlighted by his appointment to the trial court by Dean, a Democrat, and now to the Vermont Supreme Court by Scott, a Republican.
Teri Corsones, executive director of the Vermont Bar Association, said Thursday she has known Cohen for many years, from colleagues as lawyers in Rutland to appearing in front of him in his role as a judge.
“He’s very fair and respectful, whether it’s a pro se litigant or lawyers,” she said. “He takes a genuine interest in the people who are appearing before him.”
For example, in Rutland County, she said, the court has a special docket for landlord and tenant disputes, often dealing with people representing themselves.
“He always wanted to make sure they had a clear understanding of what was happening,” Corsones said. “He was never one to rush through anything, wanting to make certain they knew what they were agreeing to.”
The new job comes with a salary increase for Cohen.
The salary for a superior court judge in January 2020 will be $160,777. The salary for the Supreme Court justice as of January 2020 will be $169,121.
