§ 601. Judicial Nominating Board created; composition

(a) The Judicial Nominating Board is created for the nomination of Supreme Court Justices, Superior judges, magistrates, and the Chair and members of the Public Utility Commission.

(b) The Board shall consist of 11 members who shall be selected as follows:

(1) The Governor shall appoint two members who are not attorneys at law.

(2) The Senate shall elect three of its members, not all of whom shall be members of the same party, and only one of whom may be an attorney at law.

(3) The House shall elect three of its members, not all of whom shall be members of the same party, and only one of whom may be an attorney at law.

(4) Attorneys at law admitted to practice before the Supreme Court of Vermont, and residing in the State, shall elect three of their number as members of the Board. The Supreme Court shall regulate the manner of their nomination and election.

(5) The members of the Board shall serve for terms of two years. All appointments or elections shall be between January 1 and February 1 of each odd-numbered year, except to fill a vacancy. A House vacancy that occurs when the General Assembly is adjourned shall be filled by the Speaker of the House and a Senate vacancy that occurs when the General Assembly is adjourned shall be filled by the Senate Committee on Committees. Members shall serve until their successors are elected or appointed. Members shall serve no more than three consecutive terms in any capacity.

(6) The members shall elect their own chair, who will serve for a term of two years.

(c) Legislative members of the Board shall be entitled to per diem compensation and reimbursement for expenses in accordance with 2 V.S.A. § 23. Members of the Board who are not otherwise compensated by their employer shall be entitled to per diem compensation and reimbursement for expenses in the same manner as board members are compensated under 32 V.S.A. § 1010. All compensation and reimbursement shall be paid from the legislative appropriation.

(d) The Judicial Nominating Board shall adopt rules under 3 Vt. Stat. Ann. chapter 25 that shall establish criteria and standards for the nomination of candidates for Justices of the Supreme Court, Superior judges, magistrates, and the Chair and members of the Public Utility Commission based on the attributes identified in subsection 602(d) of this title. The application form shall not be included in the rules and may be developed and periodically revised at the discretion of the Board.

(e) A quorum of the Board shall consist of eight members.

(f) The Board is authorized to use the staff and services of appropriate State agencies and departments as necessary to conduct investigations of applicants. The Office of Legislative Counsel shall assist the Board for the purpose of rulemaking.

(g) Except as provided in subsection (h) of this section, proceedings of the Board, including the names of candidates considered by the Board and information about any candidate submitted by the Court Administrator or by any other source, shall be confidential.

(h) The following shall be public:

(1) operating procedures of the Board;

(2) standard application forms and any other forms used by the Board, provided they do not contain personal information about a candidate or confidential proceedings;

(3) all proceedings of the Board prior to the Board’s receipt of the first candidate’s completed application; and

(4) at the time the Board sends the names of the candidates to the Governor, the total number of applicants for the vacancy and the total number of candidates sent to the Governor. (Amended 1966, No. 64 (Sp. Sess.), § 1, eff. Jan. 1, 1967; 1967, No. 306 (Adj. Sess.), § 2; 1969, No. 125, § 6; 1971, No. 161 (Adj. Sess.), § 1; 1975, No. 204 (Adj. Sess.), § 5; 1979, No. 141 (Adj. Sess.), § 8; 1985, No. 108 (Adj. Sess.), § 1, eff. March 25, 1986; 2009, No. 154 (Adj. Sess.), § 32; 2011, No. 162 (Adj. Sess.), § E.125.1, eff. March 7, 2012; 2013, No. 194 (Adj. Sess.), § 2, eff. June 17, 2014; 2015, No. 123 (Adj. Sess.), § 1, eff. May 23, 2016; 2019, No. 144 (Adj. Sess.), § 24.)