Vermont High Court Justices Under Investigation

Three justices of the Vermont Supreme Court are under investigation for possible misconduct stemming from their relationship with a lower court judge who is also under scrutiny, it was reported Friday.

Richard Mallary, vice chairman of the state Judicial Conduct Board, confirmed that the board decided this week to expand its probe of Chittenden County Assistant Judge Jane Wheel to include Justices Thomas Hayes, William Hill and Ernest Gibson III.

Mallary told the Rutland Herald he is barred from discussing what specific kinds of misconduct the board is looking into. “There are very strong rules with regard to confidentiality,” he said.

Case Is Unique

It is believed to be the first time the board has investigated possible misconduct by justices of the state’s highest court.

Meanwhile, former Gov. Thomas Salmon, chairman of the board, said he is disqualifying himself from all aspects of the investigation.

“Given my long-term personal relationship and working relationship with Judge Hayes, I have made a decision to not only disqualify myself from any complaint the board may consider with respect to him, but to disqualify myself with respect to the entire matter.”

Hayes served as Salmon’s legal counsel when Salmon was governor, and Salmon appointed Hayes to the Superior Court.

Under Investigation

Wheel, 54, is under investigation by the attorney general’s office for allegedly using $2,802 in county funds to throw a March, 1985, party for Hayes, who was leaving the Superior Court to join the Supreme Court.

She also is under investigation for allegedly submitting false pay vouchers for 28 days in March and April of last year for work she did not perform.

During the investigation, information has surfaced concerning Wheel’s close relationship with the Supreme Court justices, whom she came to know well during their time on the Superior Court bench.