Nominating board gives Scott eight candidates for high court

Gov. Phil Scott will consider an expanded pool of candidates to fill a seat on the state’s highest court.

Following a request from the new governor to reopen applications for successors to Justice John Dooley on the Supreme Court, the Judicial Nominating Board has sent eight names to Scott — two more than had initially been put forward.

A spokesperson for the administration confirmed the governor received the list Wednesday.

The board went through the application and nomination process last year at the request of Gov. Peter Shumlin, after Dooley’s announcement in September that he planned to retire.

Dooley, a three-decade veteran of the court, opted not to apply to be retained when his current term expires in April.

Shumlin intended to name Dooley’s successor before he left office, and the nominating board sent him six names from which to choose in mid-December.

However, a suit brought in the Supreme Court by House Minority Leader Don Turner, R-Milton, and then-Senate Minority Leader Joe Benning, R-Caledonia, in late December challenged whether the outgoing governor had the authority to appoint someone to a seat that would not become vacant until three months after he left office. The five-member court ruled unanimously against Shumlin, leaving the appointment to be made by Scott.

After taking office, Scott asked the board to reopen the search, in case any potential applicants were deterred from submitting their names in the fall because of concerns about Shumlin’s constitutional authority to name Dooley’s successor.

The board, which includes lawmakers and legal professionals, voted earlier this month to reopen applications.

Rutland attorney Peg Flory, who is also a Republican state senator, said Tuesday that after reviewing applicants the board sent a total of eight names to Scott.

Scott’s legal counsel, Jaye Pershing Johnson, told the board earlier this month that the governor had not looked at the list compiled last year to avoid bias between those who applied then and this year.

Scott spokesperson Rebecca Kelley said in an email that the governor will “carefully review and consider each nominee on the list before naming Justice Dooley’s successor.”

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