Governor Asks 3 Accused Vt. Justices to Step Down

Three of the five justices on Vermont’s Supreme Court have been accused of judicial misconduct, and Gov. Madeleine M. Kunin, calling it a “painful situation,” today asked them to step down until the charges are resolved.

The allegations range from attempts to derail a criminal investigation against an assistant county judge to an effort to fire a court employee who rebuffed a sexual advance by one of the justices.

The state’s Judicial Conduct Board filed a majority of the charges against two of the justices--William Hill and Thomas Hayes. The two, the complaint alleged, had close personal relationships dating back a dozen years with Jane Wheel, the assistant county judge, and used their judicial power on her behalf.

The board could eventually recommend that the justices be reprimanded, suspended or retired.

Hill, Hayes and Ernest Gibson III all have proclaimed their innocence, saying they intend to remain on the court. However, they agreed Wednesday not to sit on any case that involves anyone even remotely connected to their case.

For the February term, which starts Tuesday, the three had already disqualified themselves from 24 of the 42 cases scheduled for hearing. The chief justice will appoint three temporary justices to join in deciding those cases.

After the complaint was released, Kunin said it was a “sad day for Vermont’s judiciary” and a “very difficult, painful situation.”

Today, she sent identical letters to the three justices saying that the “interests of all concerned will be best served by your taking the step of voluntarily excusing yourself from acting on any cases before the court.”