Vermont Bar Journal, Vol. 40, No. 2 Winter 2015, Vol. 40, No. 4 | Page 15

to court first, before conciliation or mediation, might lead to greater human tragedy resulting from the more contentious litigation.65 Judge Wolchik noted, “Never do so many vent so much anger over so little as do participants in small claims courts.”66 Judge David Suntag, having sat in all fourteen counties for trials, commented that the practice of law differs, often significantly, from county to county, reflecting differing legal cultures and the quality and quantity of the caseload, and worried that the quality of justice in one court may suffer from obstacles that have been removed in other courts.67 The system of discrete judges for district, family, and superior (civil) courts changed with the new century, as Vermont moved closer to a unified superior court. Judges who had spent their careers to date in one court found the transition to the other courts challenging. Judge Carroll, in her first term in civil court, “felt, at times, that I was back in law school, doing extensive research on topics I learned in school, but had not revisited since.” Judge DiMauro found the civil docket had a more manageable pace.68 Judge Nancy Corsones wrote of her impatience with the inefficiency of lawyers in civil court, and found she needed to “reorient my judicial demeanor to deal with trained lawyers as opposed to pro se litigants.”69 Judge Manley preferred the multi-jurisdictional court assignments, “as it allows one to stretch one’s mind.” Every day, she wrote, “presents new challenges and the ability to switch gears mentally is a must.”70 Changes in the law What I Bring to the Court The statements reflect the changes in the judiciary over the last three or four decades of court history. When Judge Van Benthuysen returned from his tour in Iraq, for instance, he was surprised at the increase in the number of relief from abuse cases.61 Judge Katz noted the changes over his fifteen years of service in his 2000 statement, including the increase in the number of pro se litigants, more sex crimes and DUIs, fewer property crimes, more employment cases, and a greater use of summary procedures to determine legal issues.62 Judge Suntag worried that courts are “being asked to resolve more complex and a larger number of societal issues than before.”63 Judge Eaton shared that sentiment. “Even with my finite experience, I can see that some pro se litigants use the family court system as a dumping ground for many of their personal problems, even if they are not issues which are proper for court.”64 Judge Zimmerman questioned “if the model of a user friendly Family Court can, or should, assume the role of a social service agency.” She worried that coming Every applicant for every job knows the difficulty of setting the right tone between humility and self-promotion. Overdo it and you’re boasting; understate it and nobody knows what you can do. Senior judges have history and experience. Justice Thomas Hayes stated he had sat as a trial judge in every county of the State of Vermont and was the only judge on the Supreme Court with service on the district court for any considerable period of time.71 Judge David A. Jenkins explained, www.vtbar.org Ruminations: The Desire to Continue in Office With appointment, “judges feel little pressure to do what is expedient and popular at the expense of the rights of a litigant; on the other hand, they may appear insensitive to public needs.”55 Judge Joseph Wolchik concluded, “No matter how much you do you do not seem to reduce man’s inhumanity to man.”56 Writing his third retention statement, Judge Dean Pineles noticed “my colleagues age considerably during a Family Court assignment and I am sure that the same has happened to me.” He also described the isolation of a judge. “One must be careful in pursuing friendships so as to avoid the appearance of a conflict of interest. This means that it is very difficult to maintain close friendships with attorneys.”57 Supporting statements do not end with negative comments. The essays change as they reach the last paragraphs, and the judge finishes with more positive thoughts. “I would not be a candidate for retention if this scenario were ultimately objectionable,” wrote Judge Pearson. “For me, the personal trade-offs, and intellectual, psychic—and even financial—benefits and rewards of the position more than make up