MONTPELIER, Vt. (AP) - The Vermont Supreme Court heard arguments Tuesday over who should make the nomination for an upcoming vacancy on the court: Democratic Gov. Peter Shumlin, who leaves office Thursday, or his Republican successor Lt. Gov. Phil Scott.
A lawyer from the state Attorney General’s office, representing Shumlin, argued the process of replacing Justice John Dooley began when he announced in September that he would not seek re-appointment to the high court position, which he has held since 1987.
Assistant Attorney General Ben Battles told the justices the court position becomes vacant April 1, but the process of filling the vacancy began when Dooley announced he would not seek re-appointment to another six-year term.
“The governor is going to send a nomination to the Senate,” Battles said.
But attorneys representing GOP leaders in the Vermont Legislature told the justices that a replacement for Dooley cannot be chosen until Dooley leaves office, meaning Scott would make the nomination.
“A vacancy cannot be created by an announcement,” said attorney Janssen Willhoit, also a Republican state representative from St. Johnsbury, who represented House Minority Leader Donald Turner and GOP Sen. Joseph Benning who are asking the court to block Shumlin from nominating a replacement.
Vermont’s Judicial Nominating Board has interviewed candidates to replace Dooley and six names have been forwarded to Shumlin. The Republicans appealed the issue to the state Supreme Court, which blocked Shumlin last month from nominating a replacement until it could consider arguments on both sides.
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