This commentary is by Amelia Silver, a lawyer who lives in Pownal.
As lawmakers return to Montpelier, one of their top priorities must be continued progress on police accountability and criminal law reform. In these areas, Vermont has made great strides in recent years — collecting more police data, limiting the authority of police to use force, and reducing the number of people incarcerated.
The next step in this ongoing work is to ensure that victims of police misconduct can have their day in court.
That’s why it’s good news that Bennington Sen. Dick Sears and other legislative leaders are working to remove a major barrier to police accountability and justice: qualified immunity.
When a victim of police abuse wants to file a lawsuit, qualified immunity requires them to prove that “clearly established law” was violated, or their case is tossed out of court without a hearing. This legal doctrine can bar legitimate legal claims even when police blatantly violate civil rights. It was invented by the courts — no Vermont Legislature has ever voted on whether it’s good public policy.
Qualified immunity is opposed by people across the political spectrum — including conservatives, libertarians, and many in law enforcement — because it closes the courthouse doors to victims of police abuse, and exemplifies the lack of meaningful police accountability that still exists in Vermont and elsewhere.
Sen. Sears’ proposal will incentivize towns like Bennington to do proper training and oversight, and will ensure that police are protected from frivolous claims. It is a reasonable, measured way to improve access to justice, ensure accountability, and build community trust. This makes fundamental good sense.
Much of the opposition to this proposal has less to do with the policy itself than with old-fashioned resistance to necessary change. As Vermont recruits the next generation of law enforcement, we should insist that they embrace a culture of accountability.
This is clearly what the public wants. According to polls, over 90 percent of Vermonters think police need to be held accountable when they violate someone’s rights, and three in four Vermonters want to see the state end qualified immunity. Thankfully, our elected representatives are listening.
Thanks to the leadership of Sen. Sears and others in the Legislature, Vermont is on track to take the next step in its police reform efforts, to create a more just, reasonable and sensible state of affairs. Making needed reforms is rarely easy, and leaders in Montpelier like Sen. Sears need to hear that Vermonters have their back.
