Six Vermont judges will keep their seats on the bench for six more years.
During secret balloting Thursday, a Joint Assembly of the Legislature voted overwhelmingly in favor of the half-dozen Superior Court judges up for retention hearings this year.
A breakdown of the results showed:
— Judge Thomas Durkin, who serves in the state Environmental Court and was appointed a judge in January 2005 by Gov. James Douglas, 154-2.
— Judge David Fenster, who serves primarily in the criminal court in Rutland County and was appointed a judge in December 2016 by Gov. Peter Shumlin, 155-0.
— Judge Kerry McDonald-Cady, who has been presiding mostly in the state’s family courts and was appointed in October 2019 by Gov. Phil Scott, 154-2.
— Judge Robert Mello, who currently serves in the civil court in Washington County and was appointed in November 2010 by Douglas, 155-1.
— Judge John Pacht, who currently serves in criminal and family courts in Chittenden County and was appointed in January 2106 by Shumlin, 155-0.
— Judge Helen Toor, who currently serves in the civil court in Rutland and was appointed in 1999 by Gov. Howard Dean, 153-3.
In addition to appearing before lawmakers who make up the Joint Committee on Judicial Retention, surveys were conducted of people who interact with judges, including lawyers and court staff. A public hearing also took place, allowing litigants to weigh in.
“Naturally, some were satisfied and some were dissatisfied,” state Rep. Chip Troiano, D-Stannard, the committee’s chair, told his fellow lawmakers Thursday.
“Given the nature of business,” he added, “information received needed to be weighed in that light.”
Vermont evaluates Supreme Court justices, Superior Court judges and judicial magistrates through the retention process, he said, rather than having them campaign for election by the general public or being appointed for a lifetime term as happens in other states.
Committee members presented short reports on each judge Thursday to the Joint Assembly, and no lawmakers raised any questions or provided additional comment or debate.
Rep. Selene Colburn, P-Burlington, reported for the committee on McDonald-Cady. Colburn said the judge spoke to panel members about trying to “connect with juveniles and other impacted parties” in the courtroom
“She noted that people wait a very long time for their day,” Colburn said, and talked of her “commitment to ensuring that people are able to share their stories as part of the process.”
Rep. Butch Shaw, R-Pittsford, a committee member, said 97% of the attorneys surveyed supported Pacht’s retention, as did 100% of non-lawyers surveyed.
Shaw did say one person reported a “negative experience” with Pacht in a criminal case, and “Judge Pacht did comment that he may have been a little too abrupt in his interactions with the witness. He then stated he is extremely dedicated to improve on this presumed fault and considers this a point of personal improvement.”
