Current through February, 2024
Rule 1 Applicability
These rules shall
govern the procedure for the Judicial Nominating Board.
Rule 2 Board Chair and Vice Chair
The
Board shall elect from among its members a chair and vice chair to serve for a
term of two years until the expiration of his or her term on the Board or his
or her resignation, whichever occurs first. The Chair, if present, or the Vice
Chair in the Chair's absence, shall preside at any meeting of the Board. In
their absence, the Board shall elect a member of the Board to act as
chair.
Rule 3 Board
Secretary
The Board shall elect one of its members to serve as secretary.
It shall be the duty of the secretary to prepare and keep the minutes of all
meetings. In the secretary's absence, the Board shall elect a member to serve
as acting secretary. For meetings subject to the Open Meeting Law, minutes
shall be prepared consistent with
1 V.S.A §
312(b)(1).
Rule 4 Notice of Judicial Vacancy
Upon
receipt by the Board of a notice of a vacancy from the Governor, the Chair
shall request the Vermont Supreme Court to send the appropriate "Notice of
Judicial Vacancy" to all members of the Vermont State Bar by electronic
mail.
Rule 5 Board Members
Conduct
(a) A Board member shall consider each
candidate for a judicial office in an impartial, objective manner. A Board
member shall not consider the race, color, religion, ancestry, national origin,
sex, sexual orientation, gender identity, place of birth, age, or disability of
a candidate.
(b) If a Board member
knows of any personal or business relationship that he or she has with a
candidate, and the relationship may influence or appear to influence the
decision of the Board member as to this candidate, the Board member shall
report this fact to the Chair. The Chair shall report any disclosed
relationships to the full Board prior to any candidate interviews or discussion
of any candidacies. If a majority of the Board votes that a relationship may
unduly influence the Board member's decision as to the candidate, the Board
member shall not vote upon the candidate and shall not participate in any
deliberations concerning the candidate, including the candidate
interview.
(c) Board members shall,
in any communications with non-Board members, preserve the confidentially and
integrity of the Board and nominating process.
Rule 6 Board Meetings
(a) Meetings of the Board may be called by
the Chair or by a majority of the members by written notice to the other
members specifying the time and place of meeting. Such notice shall be mailed
or sent at least seven days before the time specified, except that a meeting
may be held on shorter notice if the notice specifies that such meeting is
required. The place and time of such meeting will be specified in the notice.
Notice of meeting may be waived by any Board member either before or after the
meeting takes place, and attendance at a meeting by any member shall constitute
a waiver of notice by such member unless he or she shall, at or promptly after
the beginning of the meeting, object to the holding of the meeting on the
ground of lack of, or insufficiency of, notice.
(b) Meetings of the Board may be held without
notice at any time or place whenever the meeting is one as to which notice is
waived by all members or whenever the Board at a previous meeting shall have
designated the time and place for such a meeting.
(c) The Chair shall call at least one meeting
each year for the principal purpose of reviewing Board operating procedures and
briefing new Board members on the rules of procedure of the Board.
(d) A quorum of the Board shall be eight
Board members. The Board shall act by majority vote of Board members
present.
Rule 7 Recruitment of Candidates
Board members may actively encourage individuals
to apply for judicial office. If an individual so encouraged by a Board member
applies, the Board member shall report this communication to the Board Chair.
The Board member's ability to participate in the candidate's interview, in the
discussion of the applicant's candidacy, and in the vote on the applicant's
candidacy shall be determined pursuant to Rule 5(b).
Rule 8 Screening of Candidates
As part
of the preliminary background investigation, each candidate shall complete any
application or questionnaire required by the Board, and agree to any waivers or
authorizations required by the Board.
Rule 9 Consideration of Candidates
(a) In addition to speaking to references
listed by a candidate, any Board member may make further inquiry so as to
determine the general reputation of any candidate. Information obtained through
such inquiry shall be disclosed to the Board along with the identity of the
individuals making such information available. The information shall be limited
to inquiries as to the legal experience, general reputation, qualifications,
and other qualities that the Legislature may establish as criteria for the
selection of candidates.
(b) All
communications among Board members, a Board member and a candidate, or a Board
member and any other person or organization with respect to an applicant's
candidacy shall be kept confidential and discussed only among Board
members.
(c) The identity of
candidates for appointment shall be kept confidential except in communications
to the Governor. This subsection shall not preclude any Board member from
making inquiry as to the reputation of any judicial candidate as long as the
communication is investigational in nature. In all communications, the Board
member should take reasonable care not to indicate his or her personal opinion
or the opinion of any other member of the Board. Discussions with nonmembers
shall always commence with a request that the conversation and name of any
applicants be treated as confidential.
(d) The Board shall submit to the Office of
Court Administrator a list of all the candidates. The Office of Court
Administrator shall disclose to the Board:
(1)
information within records overseen by the Office of the Court Administrator
about professional disciplinary action taken or pending concerning any
candidate in any jurisdiction; and
(2) results of a Vermont Crime Information
Center (VCIC) criminal background check.
Rule 10 Interview
(a) All eligible candidates for any position
shall be interviewed.
(b) When the
application submission period closes, the Chair shall determine if any
applicant is ineligible under Rule 11(a) to seek the position. Upon such a
determination, the Chair shall notify the Board of this determination and the
basis for it. The Board shall vote on the eligibility of an applicant if
requested to do so by a member within seven days of the Board's receipt of the
applications.
Rule 11 Selection Criteria
(a)
(1) To be eligible for appointment as a judge
or Justice, a person shall be a Vermont resident and an experienced lawyer who
is a judge or has practiced law in Vermont for a minimum of ten years, with at
least five years immediately preceding his or her application to the Board. The
Board may make exceptions to the five-year requirement for absences from
practice for reasons including family, military, academic, or medical
leave.
(2) To be eligible for
appointment as a magistrate, a person 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 application to the Board.
(b) In evaluating candidates, the Board
members shall use criteria and standards for nomination including integrity;
legal knowledge and ability; judicial temperament; impartiality; communication
capability; financial integrity; work ethic; administrative capability;
experience, including courtroom experience; diligence; social consciousness;
and public service.
(c) 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 be experienced in environmental and zoning law.
Rule 12 Selection of Nominees
(a) When all relevant background information
on each candidate has been compiled and the candidates have been interviewed by
the Board, the Board shall, by vote, select nominees to be sent to the
Governor.
(b) Before proceeding to
a vote on the candidates, the Chair shall open the meeting to a discussion of
each candidate's qualifications for judicial office, including a general
discussion of the relative qualifications of all candidates.
(c) Upon completion of the discussion of the
candidates' qualifications, the Board shall vote by secret ballot.
(d)
(1) The
Board shall vote once on each candidate.
(2) Notwithstanding subdivision (1) of this
subsection, one re-vote may be conducted for an applicant if a majority of
Board members present votes to conduct the re-vote and:
(A) substantial new information emerges after
the initial vote but before the conclusion of the nominating process;
or
(B) good cause exists for a
re-vote.
Rule 13 Transmittal to the Governor
The names of the nominees,
together with their confidential vote totals and questionnaires, shall be
hand-delivered to the Governor or mailed to his or her personal attention. The
names shall be listed in alphabetical order.
Rule 14 Rule Amendment
Proposals to
amend these rules shall be made by a majority of the total Board members acting
at a regular or special meeting duly warned for that purpose setting forth the
proposed amendment, and shall be adopted pursuant to
4 V.S.A. §
601(d) and
3
V.S.A. Chapter 25.
Statutory Authority
4 V.S.A.
601
