The Burlington Free Press from Burlington, Vermont • Page 22

I 43 THE BURLINGTON FREE PRESS SATURDAY, SEPTEMBER 3, 1994 VERMONT Judge's protest of mandatory retirement dashed By Christopher Graff The Associated Press MONTPELIER Assistant Judge Paul Guare says his chal ment to remove the mandatory retirement provision, but no action was taken. The Vermont Supreme Court considered the issue in a 1974 case and upheld the judicial retirement requirement, saying "we recognize the legitimate state interest in requiring for members of the judiciary the highest possible standards obtainable by minimizing as far as possible the threat of an obviously disabled judge continuing to preside in full view of the eyes of the public." 1 1 tmi iifiift Mfi umi MiBiBMaiiiaiiMMai 1 mim giiiif iiiin lenge of the provision requiring judges to retire after they reach age 70 will not help him remain in Dffice. The Washington County assistant judge Tiled a com years. A proposed amendment must be passed by two sessions of the Legislature and then win approval from the voters. The state Constitution says judges "shall be retired at the end of the calendar year in which they attain 70 years of age or at the end of the term of election during which they attain 70 years of age." The provision was challenged in 1988 by then-Supreme Court Justice Louis Peck, who cited a federal law that prohibits discrimination based on age.

A federal appeals court found in Peck's favor in 1990, saying appointed judges were protected by the federal Age Discrimination in Employment Act. But since the Peck ruling by the 2nd U.S. Circuit of Appeals, the U.S. Supreme Court has ruled on the question of mandatory retirement for judges and upheld such provisions. In a 1991 decision in a Missouri case, the court ruled 7-2 that states may force their judges to retire.

Writing for the majority, Justice Sandra Day O'Connor said "the people of Missouri rationally could conclude that the threat of deterioration at age 70 is sufficiently great, and the alternatives for removal sufficiently inadequate, that they will require all judges to step aside at age 70." At the time of the Peck case, state Sen. William Doyle, R-Washington, had said he would promote a constitutional amend tions have been rejected by the Secretary of State's Office because Guare is past the retirement age. The Boston office of the EEOC said it might be six months before his complaint is considered, which means no decision would come before the election. Guare said Tuesday that he hopes his complaint has called attention to the issue. "I've heard from a lot of people that they think this is wrong," the judge said.

"I hope this helps get somebody to do something." The only recourse is an amendment to the state Constitution, a process that takes five m7 GREGORY 'Day and a Half" "pack has a padded back and shoulder harness, with 2 webbing waist belt. Perfect for day or weekend hikes, can be expanded with add-on pockets. i Paul Guare LOAD LIGHT ENERS Court is on the road again Justices have bench, will travel, to Brattleboro Skirack offers a pack for every purpose, and the expertise to help you cnoose the right one to lighten your load! GREGORY Venaya" Rucksack has Flo-Form back and shoulder harness for lii I plaint last month with the Equal Employment Opportunity Commission. Guare, who is 72, filed nominating petitions to get on the September ballot, but those peti- DAY IN COURT CHITTENDEN CIRCUIT Information released Sept 1 Aa(. 30 Ma A.

Morrill, 48. Underhill charged with driving while license suspended, second offense, in Jericho on Dec. pleaded innocent; dismissed by state, teg. 31 Brian W. St Cyr, 29, Burlington charged with unlawful restraint, second degree, felony.in Burlington on June 25; charged with violation of conditions of release in Burlington on Aug.

pleaded innocent to both counts; both counts dismissed by state; charged with domestic assault in Burlington on June 25; pleaded no contest; sentenced to six to 12 months, suspended, placed on probation; charged with violation of conditions of release in Burlington on Aug. pleaded no contest; sentenced to six to 12 months, suspended, placed on probation, concurrent. Them M. Miner, 30, Milton charged with false reportnon-existent crime In Milton on April 23; pleaded Innocent; dismissed by state; charged lth false reportnon-existent crime in Hilton on June 11; pleaded guilty; fined 100. a comfortable, stable ride.

Polyethelene framesheet supports the load, keeps gear from poking you in the back. Schedule Sept. 7: Windham Family Court in Brattleboro, hearings begin at 9 a.m.; continue until 4 p.m. Sept. 8: Rutland District Court in Rutland, hearings begin at 9 a.m.; continue until 2:30 p.m.

Sept. 13: Edward J. Costello Courthouse in Burlington, hearings begin at 1 1 a.m.; continue until 4 p.m. Sept. 14: Edward J.

Costello Courthouse in Burlington, hearings begin at 9 a.m.; continue until 1 1:30 a.m. on separate charges stemming from a prison escape that occurred four days before the murder. Among the cases scheduled for Burlington is one involving the conviction of Stephen C. Brooks stemming from the deaths of several members of a family who had bought a home from Brooks. Prosecutors say he sold the house without revealing defects in a gas-fired driveway heater.

The Supreme Court is the state's only appeals court. It hears appeals from the state trial and family courts, as well as the state regulatory agencies, such as the Public Service Board or the Environmental Board. The Supreme Court is also responsible for overseeing the court system. ULTIMATE DIRECTION "Competitor" carries 20 ounces of fluid comfortably and securely, ready for on-the-move rehydration. Foam insulated bottle holster keeps fluids cool.

Flask included. By Christopher Graff The Associated Press MONTPELIER The Vermont Supreme Court, continuing its campaign to bring its operations to the corners of the state, holds hearings this month in Brattleboro, Rutland and Burlington. The high court is based in Montpelier and hears most of its cases in the Supreme Court building next to the Statehouse. But in recent years the court has started a series of road trips, designed to cut costs for lawyers, give the public a peek at the justices and ensure the justices visit the court personnel they oversee. Next week the justices will hear cases in Brattleboro and Rutland; the following week they will travel to the new courthouse in Burlington for two days of hearings.

Thomas Lehner, the court administrator, said the cases scheduled to be heard are of interest to or involve lawyers from the community where the court will visit. He said by having the five justices travel to Brattleboro, for example, it saves the lawyers and M-Th 10-8; Fri 10-9; Sat 9-6; Sun'll-6. Free Parking (in back) 85 Main Street, Burlington 658-3313 parties involved in seven cases from traveling to Montpelier. Lehner hopes residents interested in the cases will attend the hearings and learn more about the operations of the state's highest court. Among the cases scheduled for Brattleboro is a case involving Charles Gundlah, who is charged with the 1991 murder of Robin Colson in Newfane.

Gundlah's murder trial has not yet happened, but the Supreme Court is being asked to rule on an appeal involving Gundlah's sentencing 4 BIRTHS REE Aug. 31 SAWYER, Gordon and HAMMOND, "Shawntel, Winooski, a son, Brandon Medical Center Hospital of Vermont, Bur-llngton. TITUS, Jeffrey and Lorraine (Irish), jJDharlotte, a son, Ryan Jeffrey, MCHV. mas 'Acquitted Northfield officer sues 7 4 The Associated Press MONTPELIER The Northfield police officer who was of fkQ Faff! i on simple assault charges last month. Trono is under house arrest in Burlington while he awaits trial on obstruction of justice charges stemming from alleged attempts to cover up details of the stun gun incident.

"I am just amazed the prosecution hasn't let go of things and said 'we don't have enough to go Trono said. "The state police have shown they are working with very little. I don't know. I wish I had the answer." us an opportunity for the use of more liberal discovery procedures under civil law to uncover the methods the state police have been using to investigate this matter." Trono was arrested March 1 1 along with three other Northfield police officers, including Chief Michael O'Neill. Trono was charged with simple assault in connection with a Jan.

1 stun gun incident. He and fellow officer Brian Elwell were acquitted by a jury -acquitted of as-iault charges 5hat grew out of stun gun incident involving 51 handcuffed prisoner has asued the Vermont State Police. Officer Tim If Professor Marvel wfl apffle you Newa paper Magic Show! HeUe Trono said the Tim Trono Estate police conspired to violate 3iis civil rights when they arrested 3iim and took him before a judge. The suit was filed Friday in Washington Superior Court against the state of Vermont, the Public Safety Department and our boafv Irtt-We Sfaf Buldlrg from 1230 -to 6 B0 pjni wanous state police officers. 7 "I hope we get something out this," Trono said.

"I really ff Flw, pkry NOSE FOR NEWS! You mkjrvr- win -think there was an injustice idone." Trono called The Associated Press on Friday to promote his position. The suit alleges the officers involved in arresting Trono on 2 March 1 1 conspired to violate his I civil rights and unlawfully imprisoned him when they deliberately disobeyed the command of an arrest warrant. "We feel that the state police Jhave overstepped their bounds," Trono said. That warrant had been obtained from District Judge Shi-v reen Fisher one day earlier, according to his lawyer David Sleigh. "In essence, what we're saying is that Judge Fisher, in granting I our motion to suppress, held that the state police had violated the terms of her warrant by taking Tim to Waterbury to gather evi- dence rather than bringing him directly to her," Sleigh said Fri-J day.

"We're saying that they did I that deliberately and after having planned to do so." A doofh open noon 8 pin. Hop to see you there! OeiBurlmgtonJfreeress Fall TlMUli AuILwt Putumayo 1 1 lV II Tlcke ESPRIT t-J Vi iMca Cotton Cotton Cotton Today-Sunday Onfyl Craz Horme 1.1 I Jet. r-" The suit seeks unspecified monetary damages, both compensatory and punitive. Sleigh said Trono was entitled to monetary damages "for the harm he's suffered." And, he added, the suit "gives.