Vermont Bar Journal, Vol. 40, No. 2 Winter 2015, Vol. 40, No. 4 | Page 16

Ruminations: The Desire to Continue in Office modest but also honestly reflect on my competence and experience.” He wrote that the single most important qualification for the bench is maturity developed through life experiences—“Raising a family, seeing parents age and pass on, watching other people handle life’s good and bad fortunes over many years.” 73 Justice Louis Peck’s statement reflects his personality. He urged retention “in order that my more restrained views will have a public voice, and at the same time serve as at least a cautionary influence against hasty changes in the law, based on ideological concepts alone, without thoughtful consideration of all relevant factors.” While he refused to characterize any of his colleagues as extremists, he worried there was no balance on the Court, which risks losing “the reasonable but cautious progress which may be called for by changing times; on the other hand it promotes proper judicial restraint and acts as a brake on abuses of judicial power.”74 Judicial Philosophy The statements reveal the judge’s or justice’s approach to the office. Justice Dooley celebrated independent thought: “I believe that the most important quality in a Justice is an open and inquisitive mind, and a willingness to rethink legal doctrine and approaches that may have once appeared to be clearly correct and even undebatable.”75 Judge Keller’s view was more conservative, reflecting the difference between the trial judge and the appellate justice: When I make decisions, it is not my goal to be a judicial activist. My decisions are based upon the applicable law as determined by the legislature and the appellate courts. Generally, I do not attempt to make new law but rather to try to have my decision conform to existing law as consistently as possible.76 In his 2000 retention statement, Judge Edward Cashman included a copy of an interview he gave, in which he said, “I don’t try to resolve credibility issues. I focus instead on evidentiary issues because it’s my job to make sure that it’s a fair trial.77 Judge Levitt, in 1986, worried about the difference between theory and reality in sentencing. “Although it is common to speak of rehabilitation as a major goal of sentencing, there is not the expertise or the will to actually accomplish that goal.” Realistically speaking, she wrote, the purpose of sanctions is “punishment or to protect society by removing the offender from society.”78 It was Judge Wolchik’s goal to “treat each convicted defendant who is before me for 16 THE VERMONT BAR JOURNAL • WINTER 2015 sentencing as an individual” and specifically to overcome the mindset that all DWIs are the same.79 Judge Katz explained, “The goal is always the same: Follow the law, do justice, get it done.”80 Judge Geoffrey Crawford explained in his 2006 statement, “’What was’ and ‘what has been the case’ are more dependable guides than the alluring call from the siren shore of ‘what should be’ or ‘what would be best.’” He believed, “If one can only understand why the rule or statute developed as it did over time, it is usually possible to extend the rule one step further to solve the problem at hand.” 81 Love the Job Although they are sometimes unrestrained in their criticisms, judges and justices are often exuberant in telling the legislature how much they enjoy serving on the bench. Judge Mary Miles Teachout, in 2002, wrote, I have the distinct honor of a front row seat from which to view the unfolding of current issues in our society as well as to hear thousands of personal stories on issues of vital importance to those touched by them … There could not be a more interesting, challenging, or rewarding role.82 Judge Van Benthuysen called it “the best job in the State of Vermont.” He was surprised his enthusiasm hadn’t diminished in five years.83 “Where else can one combine never-ending intellectual challenges with the immeasurable variety of human beings who come before our courts each week?” asked Judge Katz.84 Judge Nancy Corsones said in 2007, “Being a judge has been the culmination of my professional dreams.”85 Judge Crawford wrote that “working as a judge is a way of living within the community which requires all that you can give intellectually and emotionally.” He explained that you “have to reach for patience, for wisdom, for learning, for restraint, and for humor. It is the reason that I became a lawyer.”86 Judge Kilburn wrote, “I truly believe in the Vermont Judiciary.” They constitute the “best collection of caring, considerate capable Trial Judges in the Country.”87 Judges are often inspired by their encounters with litigants. Judge Morris recognized, “We see people when they are challenged and stressed, more often than not at their low points, but sometimes overcoming great adversity to make extraordinary accomplishments.”88 Petitioning for a fourth six-year term, Judge Davenport explained, Someone once said that the real test of whether you are in the right job is whether you look forward to going 