Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-08-21
VERMONT COURTS AND JUDGES.

of Chief Justice John w. Rowell of the
Supreme Court of Vermont the Benning-
ton Banner printed an editorial In the
| course OF which the editor Lieut. Gov.
Frank 10. Howe, said:
ITO tell the truth with brutal frank
ness, we all know that among the SUI
pcrior Judges there are some that have
proved incompetent. The Governor on
assuming Office subscribed to an oath
to so execute the duties of lis Office
as to do equal right and Justice to all
men. Is it the Governors duty to re-
appoint a fudge who has been proved
incompetent? In other words because
the Legislature erred. does that bind the
Governor to perpetuate the error?
In this connection there is another
Issue that must be faced in the near
future. Chief Judge Roweu OF the Su-
premo Court of Vermont Is almost eighty
years old, II is not IN reason TO expect
that he can serve the state much longer
When the vacancy comes in the STU
prem Court should the Governor appoint
the senior superior judge, or should he
be free to 20 outside ana pick the man
WHOM he deems best fitted for the place?
"Our guess is that the rank and file
Of the people won't be very deeply Of
Tended If the Governor when he comes
to name judges selects the best and
strongest men available even If they are
not all reappointments,"
While political party Is making the
recall Of Judges one of It's cardinal prin-
to direct attention to Vermont's system
of tho recollection Of Judges every two
years as one which makes any other
form Of recall unnecessary. If any SER
ous defect or weakness is found in any
Judge. it is entirely feasible to secure a
substitute for him at the conclusion of
his two years term.
At the same time we must all recognize
the possibility of falling into rut in
the selection of Judges the same as in
any other direction in government and as
in business and professional work.
our system has been forced to contend
with two defects or the possibility of
of the Legislature to fill vacancies on the
supreme bench from it's own mcmbcr-
ship, in preference TO any outsider regard
less Of the question Of comparative abil-
ity. The other has been the disposition
Of some of our governors to appoint
judges with reference to political avail
ability as well as legal attainments. We
have had able and credtable judges
selected in both ways, and we have also
had unsatisfactory Judges elected by the
Legislature as well as appointed by a
governor.
We have fallen into the habit of con
sidering a Judge as good as selected for
life, once chosen, no matter how SER
ous may be his Weaknesses We have
also followed the rule of seniority to a
marked degree so that no matter what
may be the dcmerlts of a Judge, or his
advanced age. he gradually advances to-
ward the position of head of the Supreme
Court of Vermont.
That age is being considered more thar
formerly is shown by the use of argu
mcnt advanced even before Judge
Rowclrs formal letter of resignation. II
favor Of passing over the judge who's,
seniority would entitle him by preceden
to selection by the Governor to fill tn,
vacancy in question.
If precedent is to be broken in respous,
to the appeals of the friends Of one pos
sible appointee, then manifestly the Gov
ernor would be justified in acting on tn,
suggestion Of the Banner and select 9TH,
man whom he deems best fitted for tn,
place" The friends Of any Judge VIII,
have urged the breaking of preceden
certainly would be barred from any com
plant. II the Governor were to act OF
that suggestion by appointing another
present associate Justices to the position
of chief Justice as would manifestly b
advisable then he must also appoint al
additional associate justice, and if he pro
notes one of the superior judges to tn
supreme bench he must also appoint a.
additional superior judge, the change II
effect involving three appointments, in
Guiding at least one new Judge withou
previous experience
The question which will confront tn
Governor and the one which in our est,
nation should guide him absolutely |
all three selections. is (Which will be tn
best man for the position all things cor
sidered?" q
Consideration of this test involves
number of factors What, If any, are til
grievances Of the people with referonc
to our courts at the present time to b
overcome? What weaknesses are to b
rcmedicd? What new conditions, if any
are to be met?
one of the arraignmcnts hrough
against our courts at the present tim
is undue prolongation of trials, especial
of trivial cases, and the consequer