Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        S.270
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                                      S.270
 Introduced by Senators Vyhovsky and Hashim
 Referred to Committee on
 Date:
 Subject: Judiciary; judicial nominations and confirmations
 Statement of purpose of bill as introduced: This bill proposes the following
 changes to judicial nomination and confirmation procedures: (1) requiring
 members of the Judicial Nominating Board and candidates for judicial office to
 be drawn from diverse backgrounds; (2) requiring that Judicial Nominating
 Board hearings where candidates are interviewed be public; (3) requiring a
 public hearing before the Senate votes to confirm a Governor’s judicial or
 Public Utility Commission appointment; and (4) amending several
 qualification requirements for judicial nominees.
    An act relating to judicial nominations and confirmations
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 4 V.S.A. § 601 is amended to read:
 § 601. JUDICIAL NOMINATING BOARD CREATED; COMPOSITION
    (a) The Judicial Nominating Board is created for the nomination of
 Supreme Court Justices, Superior judges, magistrates, and the Chair and
 members of the Public Utility Commission.
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     BILL AS INTRODUCED                                                         S.270
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    (b) The Board shall consist of 11 members who shall be selected as
 follows:
       (1) The Governor shall appoint two members who are not attorneys at
 law, one of whom shall be the Executive Director of the Office of Racial
 Equity, or designee.
       (2) The Senate shall elect three of its members, not all of whom shall be
 members of the same party, and only one of whom may be an attorney at law.
       (3) The House shall elect three of its members, not all of whom shall be
 members of the same party, and only one of whom may be an attorney at law.
       (4) Attorneys at law admitted to practice before the Supreme Court of
 Vermont, and residing in the State, shall elect three of their number as
 members of the Board. The Supreme Court shall regulate the manner of their
 nomination and election.
       (5) The members of the Board shall serve for terms of two years. All
 appointments or elections shall be between January 1 and February 1 of each
 odd-numbered year, except to fill a vacancy. A House vacancy that occurs
 when the General Assembly is adjourned shall be filled by the Speaker of the
 House and a Senate vacancy that occurs when the General Assembly is
 adjourned shall be filled by the Senate Committee on Committees. Members
 shall serve until their successors are elected or appointed. Members shall serve
 no not more than three consecutive terms in any capacity.
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     BILL AS INTRODUCED                                                          S.270
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       (6) The members shall elect their own chair, who will serve for a term of
 two years.
       (7) Members shall be drawn from diverse backgrounds to represent the
 interests of communities of color and other historically disadvantaged
 communities throughout the State and, to the extent possible, represent
 geographically diverse areas of the State.
    (c) Legislative members of the Board shall be entitled to per diem
 compensation and reimbursement for expenses in accordance with 2 V.S.A.
 § 23. Members of the Board who are not otherwise compensated by their
 employer shall be entitled to per diem compensation and reimbursement for
 expenses in the same manner as board members are compensated under
 32 V.S.A. § 1010. All compensation and reimbursement shall be paid from the
 legislative appropriation.
    (d) The Judicial Nominating Board shall adopt rules under 3 V.S.A.
 chapter 25 that shall establish criteria and standards for the nomination of
 candidates for Justices of the Supreme Court, Superior judges, magistrates, and
 the Chair and members of the Public Utility Commission based on the
 attributes identified in subsection 602(d) of this title. The application form
 shall not be included in the rules and may be developed and periodically
 revised at the discretion of the Board.
    (e) A quorum of the Board shall consist of eight members.
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     BILL AS INTRODUCED                                                          S.270
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    (f) The Board is authorized to use the staff and services of appropriate State
 agencies and departments as necessary to conduct investigations of applicants.
 The Office of Legislative Counsel shall assist the Board for the purpose of
 rulemaking.
    (g) Except as provided in subsection (h) of this section, proceedings of the
 Board, including the names of candidates considered by the Board and
 information about any candidate submitted by the Court Administrator or by
 any other source, shall be confidential.
    (h) The following shall be public:
       (1) operating procedures of the Board;
       (2) standard application forms and any other forms used by the Board,
 provided they do not contain personal information about a candidate or
 confidential proceedings;
       (3) all proceedings of the Board prior to the Board’s receipt of the first
 candidate’s completed application and all proceedings at which the Board
 interviews a candidate who has applied for a position; and
       (4) at the time the Board sends the names of the candidates to the
 Governor, the total number of applicants for the vacancy and the total number
 of candidates sent to the Governor.
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     BILL AS INTRODUCED                                                         S.270
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 Sec. 2. 4 V.S.A § 602 is amended to read:
 § 602. DUTIES; JUSTICES, JUDGES, MAGISTRATES, AND THE CHAIR
           OF THE PUBLIC UTILITY COMMISSION
    (a)(1) Prior to submitting to the Governor the names of candidates for
 Justices of the Supreme Court, Superior Court judges, magistrates, and the
 Chair of the Public Utility Commission, the Judicial Nominating Board shall
 submit to the Court Administrator a list of all candidates, and he or she the
 Court Administrator shall disclose to the Board information solely about
 professional disciplinary action taken or pending concerning any candidate.
       (2) From the list of candidates, the Judicial Nominating Board shall
 select by majority vote, provided that a quorum is present, well-qualified
 qualified candidates for the position to be filled.
    (b) Whenever a vacancy occurs in the office of a Supreme Court Justice, a
 Superior Court judge, magistrate, or Chair of the Public Utility Commission, or
 when an incumbent does not declare that he or she the incumbent will be a
 candidate to succeed himself or herself, the Board shall submit to the Governor
 the names of as many persons as it deems well qualified to be appointed to the
 office.
    (c)(1) A candidate for judge or Justice shall be a Vermont resident and an
 experienced lawyer who has practiced law in Vermont for a minimum of ten
 10 years, with at least five two years immediately preceding his or her VT LEG #369363 v.1
     BILL AS INTRODUCED                                                         S.270
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 application to the Board of practice in Vermont. The Board may make
 exceptions to the five-year requirement for absences from practice for reasons
 including family, military, academic, or medical leave.
       (2) A candidate for magistrate shall be a Vermont resident and an
 experienced lawyer who has practiced law in Vermont for at least five years
 immediately preceding his or her the candidate’s application to the Board.
       (3) A candidate for Chair of the Public Utility Commission shall not be
 required to be an attorney; however if the candidate is admitted to practice law
 in Vermont, the Judicial Nominating Board shall submit the candidate’s name
 to the Court Administrator, and he or she the candidate shall disclose to the
 Board information solely about professional disciplinary action taken or
 pending concerning the candidate. If a candidate is not admitted to practice
 law in Vermont, but practices a profession requiring licensure, certification, or
 other professional regulation by the State, the Judicial Nominating Board shall
 submit the candidate’s name to the State professional regulatory entity and that
 entity shall disclose to the Board any professional disciplinary action taken or
 pending concerning the candidate.
    (d) A candidate shall possess the following attributes:
       (1) Integrity. A candidate shall possess a record and reputation for
 excellent character and integrity.
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     BILL AS INTRODUCED                                                         S.270
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       (2) Legal knowledge and ability. A candidate shall possess a high
 degree of knowledge of established legal principles and procedures and have
 demonstrated a high degree of ability to interpret and apply the law to specific
 factual situations.
       (3) Judicial temperament. A candidate shall possess an appropriate
 judicial temperament.
       (4) Impartiality. A candidate shall exhibit an ability to make judicial
 determinations in a manner free of bias.
       (5) Communication capability. A candidate shall possess demonstrated
 oral and written capacities, with reasonable accommodations, required by the
 position.
       (6) Financial integrity. A candidate shall possess demonstrated financial
 probity.
       (7) Work ethic. A candidate shall demonstrate diligence.
       (8) Administrative capabilities. A candidate shall demonstrate
 management and organizational skills or experience required by the position.
       (9) Courtroom experience Legal Experience. For Superior Court, a
 candidate shall have sufficient trial or other comparable experience that
 ensures knowledge of the Vermont Rules of Evidence and courtroom
 procedure. For the Environmental Division of the Superior Court, a candidate
 shall have experience in environmental and zoning law.
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     BILL AS INTRODUCED                                                         S.270
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       (10) Diversity of Experience. A candidate shall have a broad range of
 lived experience and shall be drawn from diverse backgrounds to represent the
 interests of communities of color and other historically disadvantaged
 communities throughout the State and, to the extent possible, represent
 geographically diverse areas of the State.
       (11) Other. A candidate shall possess other attributes the Board deems
 relevant as identified through its rules.
 Sec. 3. 4 V.S.A. § 610 is added to read:
 § 610. CONFIRMATION OF JUDGES; PUBLIC HEARING REQUIRED
    Prior to the vote by the Senate on an appointment made by the Governor
 pursuant to section 603 of this title, the Senate Committee on Judiciary, or the
 Senate Committee on Finance in the case of an appointment to the Public
 Utility Commission, shall hold a public hearing to permit members of the
 public to comment on the appointment.
 Sec. 4. EFFECTIVE DATE
    This act shall take effect on passage.
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Statutes affected: 
As Introduced: 4-601