The life of a judge is different. It is more
than a job. It is more than a profession. It
is a solemn public duty. The supporting
statements, as a category of records, are
evidence that an average man or woman
can be transformed by the experience of
appointment, and retention, to that high
office. That in turn can only inspire us, the
masses who stand before them, usually at
a lower elevation, on the other side of the
bench, to appreciate their burdens and
their sacrifices, and maybe just for a moment or two, understand the complex and
elaborate system of justice we have inherited from the past that so often depends
largely on judicial discretion.
____________________
Paul S. Gillies, Esq., is a partner in
the Montpelier firm of Tarrant, Gillies &
Richardson and is a regular contributor to
the Vermont Bar Journal. A collection of
his columns has been published under the
title of Uncommon Law, Ancient Roads,
and Other Ruminations on Vermont Legal
History by the Vermont Historical Society.
____________________
1
Vt.Const. Ch. II, Sec. 34.
2
4 V.S.A. § 608(a) provides,
(a) Declarations submitted to the general
assembly by a supreme court justice under
subsection 4(c) of this title, by a superior
court judge under subsection 71(b) of this
title, or by a magistrate under subsection
461(c) of this title shall be referred
immediately to the joint committee on
judicial retention. The declarations shall be
accompanied by a supporting statement
by the judge, the justice, or the magistrate
seeking retention. In the case of a superior
court judge or magistrate, the declaration
shall also be accompanied by information
on the next succeeding rotation schedule
for the judge seeking retention.
3
Hon. George F. Ellison, “Supporting
Statement,” Aug. 21, 1986. Judge Ellison
reported that 80% of his cases appealed were
affirmed in the last five and a half years. This
and the other statements quoted in this piece
are available for review at the State Archives,
which has digitized them for copying purposes.
The file is incomplete, and includes statements
from 1984-86, 1994-96, 2002-04, and 200608 only. Others statements are within the files
of the committees of the legislature that hold
hearings on retention.
4
For example, see Hon. John Wesley,
“Supporting Statement,” Aug. 30, 2004; Hon.
Walter M. Morris, Jr., “Supporting Statement,”
Aug. 27, 2007.
5
4 V.S.A. § 71(b).
6
Daniel Chipman, An Essay on the Law of
Contracts, iv-v (1822).
7
Hon. Howard E. VanBenthuysen, “Supporting
Statement,” Aug. 25, 2002.
8
Hon. M. Patricia Zimmerman, “Supporting
Statement,” Aug. 31, 2006.
9
Hon. Thomas Hayes, “Supporting
Statement,” Aug. 21, 1986.
10
Hon. Paul F. Hudson, “Supporting
Statement,” June 18, 1986.
www.vtbar.org
Ruminations: The Desire to Continue in Office
work when you get up in the morning.
I cannot think of a morning during the
last six years that I have not been enthusiastic about going to work.89
Hon. Ronald F. Kilburn, “Supporting
Statement,” Aug. 28, 1986.
12
Id.
13
Hon. Silvio Valente, “Supporting Statement,”
July 22, 1985.
14
Hon. Theresa S. DiMauro, “Supporting
Statement,” Aug. 28, 1998.
15
Hon. Nancy Corsones, “Supporting
Statement,” Aug. 9, 2001.
16
Hon. Karen Carroll, “Supporting Statement,”
March 11, 2005.
17
Hon. Helen M. Toor, “Supporting
Statement,” Aug. 25, 2003.
18
Hon. Marilyn Sloglund, “Supporting
Statement,” Aug. 18, 1998.
19
Hayes, “Statement,” supra note 9.
20
Skoglund, “Statement,” supra note 18.
21
Hon. Mark Keller, “Summary Statement,” July
19, 2004.
22
Hon. William C. Hill, “Summary Statement,”
Aug. 28, 1986.
23
Morris, “Statement,” supra note 4.
24
Wesley, “Statement,” supra note 4.
25
Hon. David A. Jenkins, “Summary
Statement,” Aug. 25, 1986.
26
Hon. Arthur J. O’Dea, “Summary Statement,”
Aug. 22, 1986.
27
Hudson, “Statement,” supra note 10.
28
Hon. William D. Cohen, “Supporting
Statement,” Aug. 31, 2000.
29
Hon. Frederick Allen, “Supporting
Statement,” Sept. 2, 1986.
30
Hon. Ernest W. Gibson III, “Summary
Statement,” Aug. 28, 1986.
31
Hayes, “Statement,” supra note 9.
32
Hon. Harold E. Eaton, Jr., “Summary
Statement,” July 19, 2004.
33
Hon. Dennis Pearson, “Supporting
Statement,” Aug. 26, 2005.
34
Id.
35
Morris, “Statement,” supra note 4.
36
O’Dea, “Statement,” supra note 26.
37
Kilburn, “Statement,” supra note 11.
38
Pearson, “Statement,” supra note 33.
39
Kilburn, “Statement,” supra note 11.
40
Keller, “Statement,” supra note 21.
41
O’Dea, “Statement,” supra note 26.
42
Zimmerman, “Statement,” supra note 8.
43
Hon. Edward C. Cashman, “Supporting
Statement,” Aug. 9, 2000.
44
Hon. Kathleen Manley, “Supporting
Statement,” Aug. 28, 2000.
45
Hon. Geoffrey Crawford, “Supporting
Statement,” Aug. 18, 2008.
46
Manley, “Statement,” supra note 44.
47
Hon. Michael Kupersmith, “Supporting
Statement,” Aug. 31, 2004.
11
THE VERMONT BAR JOURNAL • WINTER 2015
Morris, “Statement,” supra note 4.
DiMauro, “Statement,” supra note 14.
50
Id.
51
Eaton, “Statement,” supra note 32.
52
Jenkins, “Statement,” supra note 25.
53
Corsones, “Statement,” supra note 15.
54
Ellison, “Statement,” supra note 3.
55
Hon. Linda Levitt, “Supporting Statement,”
Sept. 5, 1986.
56
Hon. Joseph J. Wolchik, “Supporting
Statement,” Aug. 23, 1986.
57
Hon. Dean B. Pineles, “Supporting
Statement,” Aug. 29, 2000.
58
Pearson, “Statement,” supra note 33.
59
Keller, “Statement,” supra note 21.
60
Hon. John Dooley, “Supporting Statement,”
Aug. 25, 2004.
61
Van Benthuysen, “Statement,” supra note 7.
He added that the Army is not “the proper tool
to build a better society.”
62
Hon. Matthew Katz, “Supporting Statement,”
Aug. 25, 2000.
63
Hon. David T. Suntag, “Supporting
Statement,” Aug. 24, 2001.
64
Eaton, “Statement