Vermont Supreme Court

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Scott to consider eight potential Supreme Court justices

MONTPELIER — The state’s Judicial Nominating Board sent eight names to Gov. Phil Scott Tuesday for his consideration as replacements for a retiring Vermont Supreme Court justice. Scott, a Republican, will select a replacement for Justice John Dooley after the Supreme Court rejected former Democratic Gov. Peter Shumlin’s attempt to name a new a justice. Shumlin, who left office on Jan. 5, had attempted to name Dooley’s successor, even though Dooley is not scheduled to leave the bench until April 1. Dooley announced last September that he was not seeking retention and would leave the bench when his term expires on April 1. Continue Reading →

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Supreme Court denies Shumlin’s appointment authority

MONTPELIER — The Vermont Supreme Court ruled unanimously against outgoing Gov. Peter Shumlin Wednesday, barring him from appointing a new justice to join its ranks and delivering a stinging blow on his penultimate day in office. Shumlin, a Democrat, had hoped to appoint a replacement for Justice John Dooley, who revealed in September that he was not seeking retention on the court. Shumlin triggered the replacement process by calling upon the Judicial Nominating Board to send him the names of well qualified candidates to succeed Dooley, who will leave the bench when his term expires on April 1. But Rep. Donald Turner, the House minority leader, and Sen. Joe Benning, the Senate minority leader, petitioned the Supreme Court on Dec. 21 asking it to prevent Shumlin from making the appointment. Continue Reading →

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Supreme Court hears appointment case, decision pending

MONTPELIER — The Vermont Supreme Court heard oral arguments Tuesday on whether outgoing Democratic Gov. Peter Shumlin can appoint a replacement for one of its members, Justice John Dooley, before Shumlin leaves office on Thursday. The hearing Tuesday, held in a packed Supreme Court chamber filled with media, lawmakers, statewide elected officials and other observers, was triggered by a petition filed by Rep. Donald Turner and Sen. Joe Benning just before Christmas challenging Shumlin’s authority to name Dooley’s replacement. The justices made no indication Tuesday afternoon before ending the court session when it would issue a ruling. However, the court is expected to rule imminently in order to settle the matter before Republican Gov.-elect Phil Scott is sworn into office on Thursday afternoon. Should the justices rule in Shumlin’s favor he could then name a replacement for Dooley on Wednesday when the new Senate is sworn in. Continue Reading →

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Sears backs Shumlin in Supreme Court legal battle

Editor’s note: This story was updated at 4:30 p.m. to include comments from Gov.-elect Phil Scott. MONTPELIER — The chairman of the Senate Judiciary Committee has filed a friend of the court brief with the Supreme Court defending Gov. Peter Shumlin’s authority to appoint a Supreme Court justice before he leaves office on Thursday. Sen. Dick Sears, D-Bennington, a close friend and political ally of Shumlin, submitted the legal argument ahead of a Tuesday hearing scheduled by the state’s highest court to determine if Shumlin can make the appointment. Sears is asking the court to dismiss or deny the petition filed by two lawmakers challenging Shumlin’s authority. “Once the vice chair of the committee got involved I thought the chairman ought to get involved,” Sears told the Vermont Press Bureau. Continue Reading →

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Shumlin planning to name new Vermont Supreme Court justice

MONTPELIER — Gov. Peter Shumlin’s office said Tuesday that he plans to appoint a successor to replace retiring Vermont Supreme Court Justice John Dooley, even though he won’t leave the bench until after Shumlin leaves office. Dooley, who has served on the Vermont Supreme Court since former Democratic Gov. Madeleine Kunin appointed him in 1987, has announced that he will not seek retention and retire from the court in March. The 72-year-old justice will retire as the third-longest serving member of the state’s highest court. Shumlin, who is not seeking re-election and will leave office in early January, is planning to appoint Dooley’s replacement, according to spokeswoman Susan Allen. Allen said state statute and the rules governing the state’s Judicial Nominating Board call for the sitting governor to begin the process of choosing a successor when a justice announces retirement. Continue Reading →

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