 Please come to order and members kindly take their seat madam sergeant at arms Madam Speaker would everyone please rise It is my distinct honor to present to you the Vermont State Senate Like to call the general joint assembly to order This joint assembly is convened pursuant to the provisions of JRS 47, which the clerk shall now read JRS 47 joint resolution providing for a joint assembly to vote on the retention of two superior judges and one Magistrate whereas declarations have been submitted by the following two superior judges that they be retained for another six-year term Judge John R. Treadwell and Judge Lisa a Warren and one magistrate that he be retained for another six-year term Magistrate Barry E. Peterson and whereas the procedures of the join a sim to join a committee on judicial retention Require at least one public hearing and the review of information provided by each candidate and the comments of members of the Vermont bar and the public and Whereas subsection six zero eight B of title four requires the committee to complete its evaluation of judicial performance of The candidates seeking to be retained in office by March 7 2024 and Subsection 10 B of title two requires a vote and joint assembly to be held on March 14 2024 And whereas subsection six zero eight G of title four permits the general assembly to defer action on the retention of judges To a subsequent joint assembly where the committee is not a when the committee is not able to make a timely recommendation Now therefore be it resolved by the Senate and House of Representatives that the two houses meet and join assembly on Tuesday March 26 2024 at 10 o'clock and 30 minutes in the 4 noon to vote on the retention of two superior judges and one Magistrate Pursuant to our Constitution and statutes We are assembled here today and join assembly to cast votes on the retention of two superior judges in one magistrate They're operating under the Judicial Retention Act passed in 1976 as amended in subsequent sessions of the general assembly which establishes the procedure for attention of incumbent superior judges and magistrates amendments made in 2010 Require their attention of magistrates to date for holding joint assemblies for their attention of judges is set by statute to be the Eleventh Thursday of the session in order to give the joint committee on judicial retention adequate time to consider the judges Who are up for review? This year pursuant to statute which permits this For VSA section 608. We've delayed this joint assembly from the eleventh Thursday of the session Which was March 14th to the present date of March 26th the procedure to be followed requires that the vote be by written ballot There will be two separate written ballots one contain the names of all the judges of the Superior Court and one containing the name of the magistrate We shall first proceed to the matter of retention of the two incumbent superior judges under the Judicial Retention Act Which establishes the procedure for the retention of these judges Nominations may not be received from the floor Rather each judge seeking retention must file a declaration of intention to seek retention with the Secretary of State Or if a superior judge is appointed after September 1st of the year preceding the expiration of the term of office The superior judge shall automatically be a candidate for retention without filing notice By this means the name of each judge seeking retention is automatically placed in nomination and considered for attention pursuant to the terms of the Judicial Retention Act In addition the Judicial Retention Act provides that when a candidate does so declare for attention the question to be decided Shall automatically be shall the following superior judges be retained in office? Accordingly we will need tellers and their chair Will you need tellers and the chair now points as tellers? Senator Tonya C. V. Hovsky of Chittenden Central District as chief teller Senator Andrew J. Perchlich of Washington district senator Robert W. Norris of Franklin district representative Carolyn W. Brandigan of Georgia representative Kirk Wright of Bethel representative Leslie Goldman of Rockingham and Representative Mark Higley of Lowell We shall now proceed to the matter of retention of the incumbent superior judges For these positions we received a declaration of intention to seek retention to the office of superior judge from the following John R. Treadwell and Lisa a Warren The question to be cite to be decided in each of these cases is shall Superior judge John R. Treadwell be retained in office? Yes or no and shall superior judge Lisa a Warren be retained in office? Yes, or no The ballot which you will receive will contain these questions in printed form on a single ballot The terms of each of these judges is for six years from and including the first day of April 2024 and until their successors are elected and qualified To facilitate the procedure for this morning the chair will rule unless there is objection that debate on these two judges Will be received separately At the end of the debates for the two judges any general debate on the entire question shall be in order First we will receive the report of the Joint Committee on Judicial Retention and the chair would like to now recognize The chair of this committee the senator from Windsor district senator McCormick for the purpose of receiving the report Thank You mr. Mr. President mr. President madam speaker colleagues I'm pleased to bring to you the report of your judicial retention committee on the aforementioned Superior court judges and magistrates in Vermont as in the case with many states Judges are not elected except for the side judges and the probate judges judges are appointed When a judge or a magistrates term is nearing its end He or she enters a letter of intent asking to be retained if they wish to be Retained in that letter they with that letter they submit supporting materials resume examples of judicial writing legal writing Examples of decisions Statement of their understanding of the office a Survey is done of attorneys and staff Inquiring as to the candidates temperament competence comportment legal knowledge fairness and biases in particular we look at the possibility of gender biases and Regarding attorneys and litigants There is a survey that is offered to us we actually deal with a Duth triple ring binder each of us has it's a quite a bit of reading there are in which Various people rate the candidate for you know the Zero to ten kind of rating on you know is fair shows no bias is competent and so on It's in the nature of the judiciary that they're they deal with controversies And so it means that almost every decision has someone somewhere who's not happy And so we keep that in mind But on the other hand we do take all the comments seriously and in particular we look for patterns To see if there is or isn't a problem the committee interviews the candidates there is a public hearing and We discuss at some length at times We were pleased with the candidates before us this year. There are only three this is a marathon and other years and That completes my Comments as as the chair. I also want to thank our staff Eric Fitzpatrick was our legal counsel and And we had wonderful staff in terms of just there's a lot of paperwork to get done and Lindsey Schraer Did an excellent job at that and thank you. Thank you, Mr. President Chair now like to recognize center from Rutland district center column or to give the report on superior judge John R. Treadwell Thank You mr. President John Treadwell is a distinguished legal professional who has made significant contributions to the Vermont legal system His background includes earning his Juris Doctor with honors from the University of Wisconsin Law School in May of 1993 prior to law school. He completed his undergraduate studies at Cornell University majoring in government and history Judge Treadwell was admitted to the bar in Vermont and Wisconsin in 1994 He's also admitted to practice before the US district court for the district of Vermont and the United States Court of Appeals for the second Circuit from March 2014 till November 2017 Treadwell served as the chief of the criminal division in a Vermont attorney general's office Then for eight years he was cross designated as a special assistant US attorney and during this time He worked on complex white-collar criminal cases and child exploitation matters from 1996 to 2000 Treadwell served as a deputy state's attorney in the Chittenden County state's attorney's office and in 1996 he represented the Vermont Department of Corrections in various legal matters on October 6th 2017 Governor Scott appointed Treadwell to the bench as a judge for the Vermont Superior Court His appointment filled a vacancy created by the elevation of Judge Karen Carroll to the Vermont Supreme Court His judicial responsibilities Include presiding over civil criminal family and probate cases in both Wyndham and Windsor counties He served on the Sentencing Commission in 2018 served on the criminal division oversight committee since 2021 has served on and is currently chair of the advisory committee on the rules of criminal procedure since 2021 he has served on the waiver penalty panel of the Vermont Superior Court and His chair of the judges committee of the Vermont Commission on the well-being of the legal profession In terms of survey responses judge Treadwell's survey responses were excellent 94% of attorneys recommended his retention and if I could to read some of the excerpts of comments from attorneys without objection you may John Treadwell is extremely knowledgeable as far as law and procedure. He's a standout at running an efficient respectful court He is the gold standard and too few on the bench are comparable Judge Treadwell is very patient and fair. He expects attorneys to be prepared and to know their cases I have seen him uphold unprepared attorneys accountable 100% of court staff assistant judges and non-attorneys recommended his retention The Joint Judicial Retention Committee interviewed judge Treadwell and found him well-prepared Personable and humble judge Treadwell expressed the love of the law and a deep sense of responsibility For the honor of serving as a judge He continues to contribute to Vermont's legal system with integrity and dedication His extensive experience and commitment to justice make him a Valuable asset to the judiciary your Joint Judicial Retention Committee on a vote of 8-0-0 Recommends that judge Treadwell be retained as a superior court judge. Thank you, mr. President We will now proceed to any debate on the superior judge up for attention superior judge John R Treadwell Seeing none the chair would now like to recognize the center from Addison District Center Hardy to give the report on superior judge Lisa a Warren Thank you, mr. President and good morning everybody. It's nice to see you all I am here to present the floor report for Judge Lisa Warren Who was appointed to the Vermont Superior Court in October 2019 by Governor Phil Scott? She currently serves as the presiding superior court judge in the Orleans in Orleans County and has previously Served in Windsor County overseeing the juvenile and family court dockets Prior to her appointment to the superior court judge Warren served as the state's attorney in Caledonia County where she was appointed to fill a vacancy in 2009 and re-elected three times to the position She has also served as a deputy state's attorney Court clerk and a private practice attorney Judge Warren received her bachelor's degree at Boston College and read for the law Passing the Vermont bar exam to become a licensed attorney in Vermont Just five months after her appointment to the bench the Vermont judiciary shut down in-person trials and hearings due to the COVID-19 pandemic Judge Warren notes however that she was able to keep the Windsor family and juvenile dockets rolling due to the high Attendance of litigants on Webex via phone and other devices After her transfer to the Orleans County to Orleans County in September 2021 She became responsible for the criminal domestic and mental health dockets at a time when the court backlog was substantial and jury trials were just resuming again in-person a staffing shortage made keeping up with cases even more difficult in Addition the opioid crisis has exacerbated the situation in an area of the state where no treatment court is available Judge Warren spoke frankly of these and other challenges in her written materials and interviews with the Judicial Retention Committee Despite these challenges judge Warren has been able to reduce the backlog in Orleans County and find Serving as a superior court judge a quote very fulfilling experience She writes quote. I enjoy bringing resolution to litigants who have waited substantial lengths of time for their day in court While simultaneously seeing the humanity in each case whether in the family Criminal or mental health docket. I take pride in treating all litigants whether pro se or represented and Attorneys who appear before me with dignity fairness and respect unquote Judge Warren's file was not without some potential red flags Several respondents to the evaluation survey noted criticisms of her courtroom demeanor and preparation For example, one respondent wrote that judge Warren is quote cold without compassion and difficult to work with unquote however in interviews with the committee she addressed such such concerns frankly thoroughly and persuasively Further survey responses also included plentiful positive assessments such as that judge Warren quote has a superb judicial Temperament in my experience. She's calm even tempered and compassionate toward all parties and witnesses unquote after reading her complete file and conducting a thorough interview all members of the committee felt comfortable if not enthusiastic with recommending judge Warren for retention As many of you know, I am always a thorough and discerning Judger of judges So I jumped at the chance to provide the joint assembly with this floor report and committee recommendation regarding judge Warren to counter an inaccurate and Unfortunate press report that contended that I personally if only I had that much power was holding up her retention Nothing could be further from the truth judge Warren came prepared Humble and with a record worthy of retention. She addressed committee concerns and answered our questions. Well She is a strong asset to the Vermont Judiciary and the committee voted unanimously to Recommend her for a six-year term and we hope this body will concur. Thank you, mr. President We will now proceed to any debate on the superior judge up for attention superior judge Lisa a Warren Seeing none. Is there any general debate? There being no debate before the ballots are passed out. I want to remind you of the rules that govern us a in so far as they are applicable the Senate rules apply Be no representative or senator may be absent from this joint assembly unless sick or otherwise necessarily detained See upon being called to order every representative and senator shall be seated D It is the duty of each representative and senator to vote unless excused by this joint assembly or unless he or she is directly or Immediately interested in the question being voted on E you are to remain seated while the tellers distribute the ballots F if a member is not seated no ballot will be placed at the member or senators desk or seat You are to remain seated during voting and while the ballots are collected by the tellers There is to be no milling about in the chamber during the counting of the ballots You are requested to remain in your seats during the counting of the ballots unless it is necessary to step out of the chamber If you leave the chamber during the counting of the ballots You will not be permitted to re-enter the chamber until the counting of the ballots has been completed If you are ready for the question The tellers will now gather in the well of the house and upon receiving your instructions We'll then distribute the ballots to the members and senators of the joint assembly for this vote I'd like to just check and see has everybody who is seated in the chamber received a ballot Is there anybody who has not received a ballot? Thank you if I could just get everyone's attention for a moment Just like to confirm If I might get everyone's attention for a moment, please Just want to make sure all ballots have been collected. Does anybody still have a ballot? Okay, thank you. Sorry continue general assembly will please come to order Please listen to the results of your vote for superior judge John R. Treadwell Total votes cast 146 Necessary for attention 74 Yays 140 nays 6 Superior judge John R. Treadwell having received the majority of the total votes cast is hereby declared Retained to the office of superior judge for a term of six years from and including the first day of April 2024 And until his successor is elected and has qualified For superior judge lisa a warren total votes cast 146 necessary for attention 74 Yays 141 nays 5 Superior judge lisa a warren having received a majority of the total votes cast is hereby declared retained to the office of superior judge For a term of six years from and including the first day of April 2024 and until her successor is elected and has qualified We shall not proceed to the matter of the vote on the magistrate Again, nominations are not received from the floor Rather, each magistrate who seeks retention files a declaration of intention to stand for for retention with the secretary of state Or if the magistrate is appointed after september 1st of the year proceeding the expiration of the term of office The magistrate shall automatically be a candidate for retention without filing notice This means the name of each magistrate is automatically placed in nomination and considered for attention In addition the judicial attention act provides that when a candidate does so declare for attention The question to be decided shall automatically be shall the following magistrate be retained in office The statute provides the vote on the question shall be by one written ballot containing the names of all the magistrates With respect to the attention of the incumbent magistrate one declaration was received and it is as follows Barry e peterson The question shall be decided as follows shall magistrate barry e peterson be retained in office. Yes or no The ballot which you will receive will contain this question in printed form on one single ballot The term of the magistrate is for six years from and including the first day of april 2024 and until a successor is appointed and qualified After the presentation of the report the question will be open for debate The chair would now like to recognize represented from shelden representative oliver for the purpose of receiving a report on magistrate peterson Thank you, mr. President I'm speaking on behalf of the judicial retention committee to give our retention findings on magistrate barry d peterson Magistrate peterson began his legal career after completing vermont law school in 1985 And clerking with the u.s. Justice department in ruttland He became an associate attorney for two private firms between 1985 and 1988 And in the years 2005 through 2011 he was a cooperating attorney with vermont legal aid as well as an acting magistrate judge and superior court judge During this time magistrate peterson was also an attorney and partner with peterson and ruple This is a family operated private practice that primarily litigated in a family court During his years of private practice magistrate peterson dealt primarily with family law landlord tenant Personal injury business bankruptcy and real estate matters within state and federal courts Also volunteering as a guardian ad litem gave him valuable experience. He would need in the years to follow On january 6 2011 then governor peterson shublin appointed peterson magistrate in the family division of the vermont superior court This ranked as one of the best days of his life peterson stated Magistrate peterson now before us on his third retention still enjoys this important work He does he continually emphasized the need for sensitivity, compassion, understanding and patience That is required to keep an eye on the best interests of all parties involved, especially the children Magistrate peterson further explained the difficulty managing hearings Where often many litigants are prosa Often litigants have no understanding of courtroom procedure and protocols With this comes a delicate balance of advising or guiding individuals through hearings without giving legal advice all while adhering to strict timelines Magistrate peterson currently serves chitinon franklin lamoille and grandisle counties He can also be found helping out wherever needed throughout this state Magistrate peterson prides himself with his timely turnarounds and believes the quicker This can be completed or accomplished the less negative the impact has on the parties involved Magistrate peterson also enjoys working with the staff of all the courts that he is involved in and it shows through on all his survey responses Of all the court staff that responded to the surveys believe he should be retained Of the 32 attorneys that replied 32 also believe he should be retained Magistrate peterson demonstrated his dedication to the state of vermont and the citizens he serves on a daily basis to our committee And the judicial retention recommends we retain the honorable magistrate barry d peterson With a favorable vote of 8 0 0 Thank you, mr. President We will now proceed to any debate On the magistrate up for attention magistrate barry e peterson Seeing no debate Are you ready for the question? In order to do the question i'm going to Go over a couple of procedures again, but while i do that i'm going to ask the tellers to gather so we can save a moment While they're gathering before the ballots are passed out you're reminded of the rules i announced earlier and are reminded of the following You must be seated in order to receive a ballot and must be seated while the ballots are distributed Marked and collected There will be no milling about in the chamber during the counting of the ballots And if you must leave the chamber during the counting of the ballots You will not be permitted to re-enter the chamber until the counting of the ballots has been completed The tellers can now distribute the ballots to the members of the joint assembly for this vote Just just to double check that everybody got a ballot and it's been picked up Okay continue General assembly will please come to order Please listen to the results of your vote for magistrate barry e peterson total votes cast 148 Necessary for attention 75 Yays 145 nays three Magistrate barry e peterson having received a majority of the total votes cast is hereby declared retained to the office of magistrate For a term of six years from and including the first day of april 2024 and until her successor Uh his successor is elected and has qualified There being no further business to take up the chair now declares this joint assembly dissolved Thank you members now, uh, we're off to caucus lunch and back at 115. Thank you