Judicial Ethics Committee
This five-person committee of lawyers and judges does research and provides independent guidance to judges on issues that may violate the Code of Judicial Conduct. The committee helps ensure that judges operate with the very high standards of ethical behavior that the public has a right to expect.
Judicial Ethics Advisory Opinions
Date:April 9, 2026
Comments: Whether a probate judge (or candidate for probate judge) may serve on the board of a local hospital or health center?
Date: January 8, 2026
Comments: Whether an assistant judge who is called for jury duty in the superior court where the judge presides may participate in voir dire proceedings, particularly if the judge has previously heard Relief from Abuse cases involving the same defendants?
Date: July 15, 2025
Comments: Must a judge disclose the judge’s spouse’s business relationships, which include entities or individuals who regularly have business in or may appear in the courts, even though the judge is not an owner or an employee of the business, and, if so, how does disclosure occur?
Date: April 28, 2025
Comments: May a probate judge attend a public march, the Vermont Attorneys Rally for the Rule of Law?
Date: February 25, 2025
Comments: May a Vermont judge serve as an emergency medical technician for a municipal volunteer fire department, where the members of the service receive a $400 per year training stipend and are considered municipal employees?
May the judge be elected by the members of the department to serve as the EMS Head of Service who must present the department's budget request to the town selectboard and who receives an additional stipend of $1,000 for that service?
Date: December 20, 2024
Comments: May a Vermont assistant judge who works as an emergency medical technician on a rescue squad continue to serve on the board of directors of that organization while serving as an assistant judge?
Date: December 20, 2024
Comments: May a Vermont probate judge serve as a Deputy State's Attorney in a different county then the one in which the judge sits as probate judge?
Date: October 7, 2024
Comments: Must a judge who served as a deputy state's attorney in the past research the criminal record of each defendant now appearing before the judge to determine whether the judge previously prosecuted that defendant?
Date: October 4, 2024
Comments: May a part-time probate judge who also practices criminal law join the Vermont Association of Criminal Defense Lawyers?
Date: August 26, 2024
Comments: May a judge who has presided over a treatment court, but is rotating out of the treatment court, receive and retain a physical memento of the judge's service and a restaurant gift certificate (in an amot111t less than $250) that has been purchased by the treatment team members as well as attorneys who have in the past, and may in the future, appear in front of the judge?
Date: May 28, 2024
Comments: Prior to appointment to the bench, the inquiring judge served as a prosecutor in a criminal matter that resulted in a jury verdict of guilty. The case was appealed to the Vermont Supreme Court. During the appeal, numerous portions of the trial record were discovered to be inaudible. The Supreme Court recently remanded the matter to the trial court to reconstruct the record pursuant to VRAP. 10(f) because of the inaudible portions. Defendant's trial counsel has contacted the judge and inquired if the judge would be available to coordinate with counsel to reconstruct the bench conferences. The judge has requested an opinion on whether: (1) the judge rr1ay assist defendant's counsel in reconstructing the record as requested; and (2) if the judge may assist, are there any restrictions or limitations on their involvement?
Date: April 30, 2024
Comments: May a Vermont assistant judge continue to serve as an auxiliary state police officer if the law enforcement duties are limited to boater and snowmobiler safety?
Date: December 4, 2023
Comments: May a Vermont Supreme Court justice serve as a mentor for a sitting member of the Vermont General Assembly who is seeking to satisfy the mentorship requirement under Vermont Rule of Bar Admission 12(a)(2)?
Date: July 11, 2023
Comments: May a Vermont assistant judge be appointed to serve as a part-time municipal officer while continuing to serve as an assistant judge?
Date: June 22, 2023
Comments: Under what circumstances may a sitting Vermont judge serve as a reference, either written or oral, for an individual known to the judge, either in the judge's personal life or through the judge's service as a judge?
Date: October 7, 2022
Comments: May a probate judge publicly endorse or oppose a candidate seeking the office of probate judge a) who is running against the judge or b) who is seeking the office of probate judge in another county?
Date: May 5, 2018
Comments:
- May a magistrate judge who previously served as staff attorney for the State Office of Child Support (OCS) preside over family court cases in which OCS is a party in the counties in which he worked, and if not, is there a time period after which he can do so?
- Is that magistrate judge required to disclose his prior employment in cases in which OCS appears outside the region in which he previously represented OCS?
- After appointment, may a magistrate judge continue to sit on the board of directors of a nonprofit community theater?
- After appointment, may a magistrate judge continue to volunteer for a nonprofit organization that grants wishes for children with life-threatening medical conditions?
Date: April 15, 2016
Comments: May a newly appointed judge receive fees he personally earned from client accounts, to be collected during the winding-up of his interest in his former law firm and after he takes office? 2. May a newly appointed judge retain an interest in real estate co-owned with his former law partners and occupied by his former law firm?
Date: April 30, 2015
Comments: Is it proper for a probate judge to accept an appointment to serve on a state council or commission such as the Vermont Rail Council?
Date: April 29, 2015
Comments: Is a judge who is the first cousin once removed of a state's attorney required to recuse himself from cases in which the state's attorney or one of his deputies appear before him?
Date: December 16, 2013
Comments: May an elected judge serve on the board of a nonprofit educational and advocacy organization established to improve prison programming and reduce the number of incarcerated persons if the judge does not participate in fundraising?
Date: July 22, 2010
Comments: May a sitting judge run for election in one or more probate districts in addition to the judge's home probate district?
Committee Members
| Eileen M. Blackwood, Esq. | Chair |
| Honorable Thomas A. Zonay | Chief Superior Judge |
| Honorable James R. Dean Mahoney | Probate Judge |
| Honorable Brian Valentine | Magistrate |
| Ian Carleton, Esq. | Member |
Contact Information
Kelly Smith
Vermont Supreme Court
109 State Street
Montpelier, Vermont 05609