§ 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 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 three-fourths
majority vote, provided that a quorum is present, well-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 the incumbent will be a candidate to succeed themselves, 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 for a minimum of 10 years, with at least five years in Vermont
immediately preceding the candidate’s application to the Board. The Board may make
exceptions to the requirement that the candidate’s five years of practice in Vermont
be contiguous and immediately preceding the candidate’s application 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 the candidate’s
application to the Board. The Board may make exceptions to the requirement that the
candidate’s five years of practice in Vermont be contiguous and immediately preceding
the candidate’s application for reasons including family, military, academic, or medical
leave.
(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 the Court Administrator 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.
(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. 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.
(10) Other. A candidate shall possess other attributes the Board deems relevant as identified
through its rules.
(e) The Board shall consider the extent to which a candidate would contribute to a Judicial
branch that has diverse backgrounds and a broad range of lived experience. (Amended 1966, No. 64 (Sp. Sess.), § 2, eff. Jan. 1, 1967; 1967, No. 41, eff. March 16, 1967; 1967, No. 306 (Adj. Sess.), § 3; 1969, No. 125, § 7; 1971, No. 161 (Adj. Sess.), § 2; 1975, No. 204 (Adj. Sess.), § 7; 1985, No. 108 (Adj. Sess.), § 2, eff. March 25, 1986; 2009, No. 154 (Adj. Sess.), § 33; 2015, No. 123 (Adj. Sess.), § 2, eff. May 23, 2016; 2023, No. 169 (Adj. Sess.), § 2, eff. July 1, 2024.)