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§601. Judicial Nominating Board created; composition


Published: 2015

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The Vermont Statutes Online



Title

04

:
Judiciary






Chapter

015

:
JUDICIAL NOMINATIONS AND APPOINTMENTS











 

§

601. Judicial Nominating Board created; composition

(a) A Judicial

Nominating Board is created for the nomination of Supreme Court Justices,

Superior judges, magistrates, the Chair of the Public Service Board, and

members of the Public Service Board.

(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.

(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 appointed by the Governor shall serve for terms of two years and

may serve for no more than three terms. The members of the Board elected by the

House and Senate shall serve for terms of two years and may serve for no more

than three consecutive terms. The members of the Board elected by the attorneys

at law shall serve for terms of two years and may serve for no more than three

consecutive terms. All appointments or elections shall be between January 1 and

February 1 of each odd-numbered year, except to fill a vacancy. Members shall

serve until their successors are elected or appointed.

(6) The members

shall elect their own chair who will serve for a term of two years.

(c) Legislative

members of the Board shall be entitled to per diem compensation and

reimbursement for expenses in accordance with 2 V.S.A. § 406. 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 which shall

establish criteria and standards for the nomination of candidates for Justices

of the Supreme Court, Superior judges, magistrates, the Chair of the Public

Service Board, and members of the Public Service Board. The criteria and

standards shall include such factors as integrity, legal knowledge and ability,

judicial temperament, impartiality, health, experience, diligence,

administrative and communicative skills, social consciousness, and public

service. 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.

(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 Council shall assist the Board for the purpose of rulemaking.

(Amended 1966, No. 64 (Sp. Sess.), § 1, eff. Jan. 1, 1967; 1967, No. 306 (Adj.

Sess.), § 2; 1969, No. 125, § 6; 1971, No. 161 (Adj. Sess.), § 1; 1975, No. 204

(Adj. Sess.), § 5; 1979, No. 141 (Adj. Sess.), § 8; 1985, No. 108 (Adj. Sess.),

§ 1, eff. March 25, 1986; 2009, No. 154 (Adj. Sess.), § 32; 2011, No. 162 (Adj.

Sess.), § E.125.1, eff. March 7, 2012; 2013, No. 194 (Adj. Sess.), § 2, eff.

June 17, 2014.)