The Vermont Legislature voted on Tuesday to retain seven judges and all five members of the Vermont Supreme Court for the next six years.
Vermont evaluates Supreme Court justices, Superior Court judges and judicial magistrates through a retention process, rather than appointing them for a lifetime term or having them campaign for election by the general public, as happens in other states.
Judges and justices serve six-year terms in Vermont.
This year, all five members of the state’s highest court were up for retention at once.
According to Thomas Zonay, chief superior court judge, the six-year term for retention was enacted in 1974, when voters approved an amendment to the Vermont Constitution.
In an email answering why all five members of the state’s highest court were up for retention simultaneously, he said that change “would have established all of the Justices’ terms to be at the same time, since the six-year slots were implemented concurrently.”
The judges and justices had to appear before lawmakers who are members of 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 and other interested parties to weigh in.
One judge up for retention withdrew earlier this month when he faced questions from lawmakers about his “gruff” style. Judge A. Gregory Rainville, appointed in 2006, decided not to seek retention after a hearing before the Joint Committee on Judicial Retention.
During that hearing, survey comments from attorneys, which were written anonymously, included one that described Rainville as “particularly gruff with women and people of color.”
Another lawyer reported losing sleep “over my first appearance before Judge Rainville, he was rude and dismissive and wouldn’t let me speak. I wasn’t sure if it was my young age or the fact that I was a woman, but it was completely inappropriate.”
During the hearing Rainville said he was aware others might view him as “gruff.”
“I’ve had people say this to me before, ‘You’re very authoritarian,’” Rainville said. “And I don’t really mean to be that way, but I’m fairly intense, my voice carries, I’m a fairly sizable guy, and so you put all that together, yeah. So I have to be careful with that.”
First up for retention Tuesday were the members of the Vermont Supreme Court: Chief Justice Paul Reiber, and Justices Nancy Waples, Harold Eaton Jr., William Cohen and Karen Carroll.
“Surveys have been overwhelmingly positive” about the Supreme Court justices, Sen. Dick McCormack, D-Windsor, chair of the Committee on Judicial Retention, said on the House floor Tuesday.
“There have been some negative comments,” he added. “They are outliers, and have not canceled the general positivity of comments. However, we do look into them.”
Rep. Chip Troiano, D-Stannard and the committee’s vice chair, reported on Reiber, the chief justice, and Eaton. Reiber, according to one survey, was described as “engaging and unassuming.” Another described Eaton as “respectful and deliberative” and one stated he showed bias toward prosecutors.
Sen. Martine Gulick, D-Chittenden Central, a committee member, reported on Carroll, stating that a survey described her as “insightful and direct,” yet kind in her questioning during oral arguments.
Sen. Ruth Hardy, D-Addison, a committee member, reported on Waples, telling her fellow lawmakers that one survey referred to the justice as “intelligent,” “hardworking,” “kind” and “wise.”
Sen. Brian Collamore, R-Rutland, a committee member, delivered the report on Cohen. According to Collamore, fellow attorneys gave Cohen a 100% approval rating and virtually all court staff members favored his retention, with only one person recommending that he not be retained.
In the Legislature, all members of the high court were overwhelmingly approved for retention. In voting by senators and representatives by secret ballot, Reiber and Eaton received three votes in opposition, Cohen and Waples received four votes in opposition, and Carroll received two votes opposing retention.
Committee members also presented short reports Tuesday on each of the seven judges up for retention, and no lawmakers raised any questions or provided additional comment or debate.
All the judges easily cruised to retention:
— Judge Alison Arms, 161-0
— Judge Thomas Carlson, 157-3
— Judge Cortland Corsones, 156-4
— Judge Justin Jiron, 150-9
— Judge Michael Kainen, 156-3
— Judge Mary Morrissey, 158-3
— Judge Kirstin Schoonover, 159-2