The Vermont Supreme Court hears an appeal by lawyers representing Jody Herring in Montpelier on Feb. 19. Photo by Glenn Russell/VTDigger
Vermont is now accepting applications to fill a vacancy on the state’s Supreme Court, which will be created when Justice Marilyn Skoglund steps down later this summer.
And those involved in the legal field here say those in the running may include several current judges, attorneys working in state government, and a former lawmaker who is currently the secretary of the Vermont Senate.
Skoglund had announced earlier this year she will be stepping down Sept. 1 from a seat on the five-member high court she has held for more than two decades.
The Judicial Nominating Board has recently posted a notice on the Vermont Judiciary website announcing the opening of the application process for the position of associate justice. The application process is open through Aug. 19.
VTDigger reached out to several people who work in the legal field in a variety of capacities for their thoughts on who may be in the running for the position.
Among the names frequently mentioned were:
• Judge Thomas Zonay, a Superior Court judge serving on the criminal court bench in Rutland County. He was appointed to the post of judge in March 2, 2007, by former Republican Gov. James Douglas.
• Judge Helen Toor, a Superior Court judge serving on the civil court bench in Chittenden County. She was appointed to the bench in 1999 by former Democratic Gov. Howard Dean.
• Judge Nancy Waples, a Superior Court judge serving on the family court bench in Chittenden County. She was appointed by former Democratic Gov. Peter Shumlin in December 2014.
• Susanne Young, secretary of the Agency of Administration. She was appointed to the post by Gov. Phil Scott in January 2017. She previously served as legal counsel to former Gov. Douglas for eight years.
• John Bloomer Jr., secretary of the Vermont Senate and a lawyer in private practice. He is also a former Republican state senator from Rutland County.
• Judge Kevin Griffin, a superior court judge serving on the criminal bench in Chittenden County. He was appointed to the position in 2012 by former Democratic Gov. Peter Shumlin.
• Jaye Pershing Johnson, general legal counsel to Scott, a post she has held since he took office in January 2017. Johnson previously worked in the Vermont Attorney General’s Office.
• Bridget Asay, former Vermont solicitor general in the Vermont Attorney General’s Office. She is now in private practice in Montpelier as a partner in the firm Stris & Maher.
The Vermont Judicial Nominating Board, which is comprised of lawmakers, governor appointees, and legal professionals, screens applicants and submits a list of qualified people seeking the post. The names presented to the governor are kept confidential.
Outgoing Vermont Supreme Court Justice Marilyn Skoglund. Photo by Roger Crowley
Scott, a Republican, will make a selection from that forwarded list. That nominee then needs to be confirmed by the state Senate.
Jerry O’Neill, a Burlington attorney and former federal prosecutor in Vermont, said he believes the governor will look for diverse candidates as well as those who share his political views.
“He’ll certainly be looking for a moderate,” O’Neill said of Scott.
O’Neill said he expected that diversity will factor into the governor’s selection.
“We don’t want to go back to the days of five white men up there,” O’Neill said of the Vermont Supreme Court.
Currently, the Vermont Supreme Court has three women, including Skoglund, and two men. Scott, since taking office in January 2017, has made one selection to the high court, Justice Karen Carroll, a former Superior Court judge and prosecutor.
Johnson, the governor’s general legal counsel, said Scott can only select from the names that are forwarded to him from the Judicial Nominating Board.
“We’re looking for a large pool,” she said.
Johnson also cited diversity as a factor in the decision-making process for the governor.
“He mentioned there is a dearth of women on the bench in the lower courts and he was very proud to tip the gender balance on the Supreme Court,” Johnson said. “Diversity and diversity of experience is something that the governor is going to be considering.”
Johnson said she is not applying for the position.
Gov. Phil Scott speaks at his weekly press conference on Feb. 14. Photo by Mike Dougherty/VTDigger
Earlier this year, Seven Days reported that the Republican governor complained about the small number and lack of diversity forwarded to him for two vacant posts on the Superior Court bench. That prompted a reopening of the selection process by the nominating board.
The board is currently interviewing candidates for those two openings, and is expected to forward names for those two positions to the governor shortly.
Eleanor Spottswood, chair of the Judicial Nominating Board, said the panel is planning to interview all the applicants for the Vermont Supreme Court post in mid-September. She said she expected the panel to make its recommendations to the governor soon after those interviews.
Spottswood also spoke of changes made to the application by the board.
“We streamlined it a little bit,” she said. “We had our day of retreat a couple weeks ago and just went through it and tried to update it. We also had implicit bias training and tried to keep that in mind.”
Applicants must complete a 17-page, 53-question form. The questions range from information about a candidate’s legal background to describing their experiences working with diverse populations.
According to the notice sent out by the Judicial Nominating Board, the panel will consider a variety of factors, including integrity, legal knowledge, judicial temperament and work ethic.
In addition, candidates are asked if all their taxes have been paid and whether they have a criminal record.
According to the memo provided about the opening on the high court, the position of associate justice has a salary of $166,868.
Read the story on VTDigger here: Who wants to be a Vermont Supreme Court justice? Here are some possibilities.