Legislature retains judges
MONTPELIER, Vt.—Vermont lawmakers voted overwhelmingly Thursday to retain five judges for new terms, and reappointed a sixth -- but by a much narrower margin.
The only one whose performance generated extensive debate was Judge Katherine Hayes, who came under fire from Bennington State's Attorney Erica Marthage and members of the area's legislative delegation.
In a joint session, lawmakers voted by wide margins to reappoint District Judges Nancy Corsones, Walter Morris and David Suntag; Amy Davenport, the chief administrative judge of Vermont's trial courts; and Environmental Court Judge Merideth Wright.
Judges in Vermont are appointed by the governor, their performance reviewed every six years by lawmakers, who vote in secret ballot whether to retain them for six more years.
The vote on Hayes was 95-73, capping a lengthy debate about her judicial temperament.
In the end, some lawmakers appeared to be swayed by Rep. Willem Jewett, D-Ripton, a member of the Legislature's Judicial Retention Committee, who said the panel had subjected Hayes to much more scrutiny than the other judges and concluded she was doing a good job.
Hayes couldn't be reached for comment; a message left on her voicemail Thursday was not immediately returned.
Jewett said he and other committee members had reviewed DVD recordings of Hayes' in the courtroom that had been sent by Marthage.
"You'd think in this case they showed abusive behavior; they don't," Jewett said. "What they do show is a hardworking and thoughtful judge."
The Judicial Retention Committee voted five in favor of retaining Hayes, with one opposed and two abstaining, he said.
But state Sen. Vincent Illuzzi, R-Essex-Orleans, who also serves as Essex County state's attorney, read from several letters from Marthage that took Hayes to task on a range of issues.
"In the case of Judge Hayes, elemental concepts (of law) taken for granted by lawyers and our clients are lacking," Illuzzi said.
The complaints included:
-- A decision by Hayes to allow police to wiretap a conversation between a lawyer and a detective posing as a witness in a criminal case, in hopes of catching the lawyer obstructing justice. Illuzzi said that showed insufficient appreciation for the principle that communications between lawyers and their clients are "privileged" -- to be kept secret.
-- "A whiff of retaliation," as Illuzzi put it. Lawmakers and lawyers frequently say there's reluctance among many practicing attorneys to speak out against judges during the retention process for fear the judges will later issue rulings unfavorable to the lawyer or the client. Illuzzi cited a letter in which Marthage said "my criticisms stated in a previous letter have been quoted back to me almost verbatim by Judge Hayes in open court."
-- Illuzzi questioned Rep. Margaret Flory, R-Pittsford, on the House floor about a case in which Hayes set bail conditions for a defendant charged with a sex act with a child. The defendant was the boyfriend of Flory's ex-daughter-in-law, Flory said later, and the upshot was that Flory's grandchildren were left in his care.
But Hayes had her defenders, too.
Jewett cited letters of praise from people who had worked with her in Windham County. Rep. Carolyn Partridge, D-Windham, said she had received similar testimonials from constituents.
In the end, Rep. William Lippert, D-Hinesburg, urged his colleagues to respect the recommendation from the Judicial Retention Committee that Hayes be kept on.
Retention of the other judges was approved with little or no debate. In one case, Flory recalled Suntag having a contentious time when he was last up for retention, but said he'd shown great improvement since.
Marthage said after the votes she has seen signs Hayes might be similarly chastened.
Referring to a public hearing at which complaints about the judge were aired, Marthage said, "Since the night everybody testified, there has been a marked difference in her demeanor in court."
