Gov. Kunin Asks 3 Vermont 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 asked them Thursday 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 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.

Face Range of Penalties

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. They have agreed not to sit on any case that involves anyone connected to their case.

In the February term, which starts Tuesday, the three justices have 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.

The Supreme Court is the state’s highest court and only appeals court. It hears appeals from the two trial courts, probate court and from state regulatory boards.

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

Letters Sent to Justices

She sent letters to the three justices Thursday, 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.”

The justices, whose ages range from 59 to 69, and Wheel, 54, have three weeks to file written responses with the Judicial Conduct Board. Then a hearing, similar to a criminal trial, will be held, after which the board will recommend to the Supreme Court whether action be taken.

All five members of the Supreme Court have disqualified themselves from hearing the complaint, and a special court of three retired justices and two trial court judges has been assigned to review the case.