Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                          H.799
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                                       H.799
 Introduced by Representative Arsenault of Williston
 Referred to Committee on
 Date:
 Subject: Judiciary; judicial retention and judicial nominations
 Statement of purpose of bill as introduced: This bill proposes to (1) require
 that a vote for retention be taken in the General Assembly for every judge who
 has commenced the judicial retention process; (2) require the Judiciary to
 establish procedures to permit members of the Joint Legislative Committee on
 Judicial Retention to conduct in-person or remote courtroom observations of
 judicial officers up for retention; (3) add empathy and a demonstrated
 understanding of equity and bias to the list of factors that the Retention
 Committee considers when evaluating judicial performance; and (4)
 appropriate $50,000.00 to the Judiciary to reimburse the Judicial Nominating
 Board for the use of paralegals during the judicial nominating process.
    An act relating to judicial retention and judicial nominations
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 4 V.S.A. § 607 is amended to read:
 § 607. JOINT COMMITTEE ON JUDICIAL RETENTION; CREATION
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     BILL AS INTRODUCED                                                         H.799
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    (c) The Committee may use the staff and services of the Office of
 Legislative Counsel and the Office of Legislative Operations to, in addition to
 other duties, obtain information on the performance of a judge or, Justice, or
 magistrate by soliciting comments from members of the Vermont Bar and the
 public. The Committee may request any material or files from the Court
 Administrator relating to the judicial performance of a judge, Justice, or
 magistrate seeking to be retained in office.
 Sec. 2. 4 V.S.A. § 608 is amended to read:
 § 608. FUNCTIONS
    (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.
    (b)(1) The Joint Committee responsible for the recommendation of
 retention shall review the candidacies of those Justices, Superior judges, and
 magistrates desiring to succeed themselves. In conducting its review, the VT LEG #372221 v.1
     BILL AS INTRODUCED                                                         H.799
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 Committee shall evaluate judicial performance, including such factors as
 integrity, judicial temperament, impartiality, health, empathy, a demonstrated
 understanding of equity and bias, diligence, legal knowledge and ability, and
 administrative and communicative skills.
       (2) Members of the Committee shall make a reasonable effort to conduct
 an in-person or remote courtroom observation of each judicial officer up for
 retention, and the Judiciary shall establish procedures to permit Committee
 members to make in-person or remote courtroom observations under this
 subdivision.
    (c) For the purpose of receiving information and hearing testimony, the
 Joint Committee responsible for the recommendation of retention shall hold
 hearings that, if possible, shall not commence until the General Assembly is in
 session. Information obtained under subsection 607(c) of this title shall be
 confidential until the Committee commences its hearings under this subsection.
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    (g) The votes on retention under subsections 4(c), 71(b), and 461(c) of this
 title shall be conducted in one joint assembly of the General Assembly, except
 that in the event that the Joint Committee reports to the General Assembly that
 it is not able to make its recommendation on a particular Justice, judge, or
 magistrate under subsection (b) of this section on or before the date set for
 such joint assembly, the vote on such individual or individuals shall be
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     BILL AS INTRODUCED                                                        H.799
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 deferred to a subsequent joint assembly, and separate ballots shall be used
 despite any other statutory provisions relating to the votes on retention. A vote
 on retention shall be conducted for each Supreme Court Justice, Superior
 judge, and magistrate whose declaration was referred to the Joint Committee
 pursuant to subsection (a) of this section and with respect to whom the Joint
 Committee commenced hearings under subsection (c) of this section.
 Sec. 3. APPROPRIATION
    The amount of $50,000.00 is appropriated from the General Fund to the
 Judiciary to be used to reimburse the Judicial Nominating Board for expenses
 incurred by paralegals providing services in support of the judicial nominating
 process.
 Sec. 4. EFFECTIVE DATE
    This act shall take effect on passage.
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Statutes affected: 
As Introduced: 4-607, 4-608