The VBA held its Annual Meeting at the Lake Morey Resort on Sept. 27 and followed up with a slate of webinars the following week. Attendance was healthy with 178 registered attendees and a total of 223 on hand (including judges, sponsors, guests, and staff). More than 130 people participated in the Zoom Basic Skills programs which happened the following week.
Sept. 27 – The Morning
Breakfast with our sponsors (12 altogether) kicked off the day on the 27th, followed by the first block of CLEs. The sessions were focused on lawyer wellness. Attendees could choose to attend an ethics hour with Mike Kennedy and Ed Adrian, who led an interesting discussion on coping with addiction in the legal field, or one on defeating burnout led by Samara Anderson, co-chair of the lawyer well-being section. After the first CLEs wrapped up, participants got a break to get some breakfast and coffee, catch up with one another, and talk to our sponsors.
The morning finished with the second round of CLEs. There were three on offer. Andrew Manitsky, head of the VBA’s Intellectual Property Section, presented, “IP For Cocktail Parties.” Andrew is a musician, and he had a diminutive keyboard on hand to enhance his presentation as he explained how to “win” IP discussions. Justin Barnard, head of the VBA’s Federal Practice Section, made a special guest appearance to talk about the ground-breaking decision in Kerson v. Vermont Law School, Inc. Justin represented Vermont Law and Graduate School in its successful defense of a decision, challenged by the artist, to cover a mural that many found offensive because of its representation of enslaved people. Also on offer during the second CLE block was a far-reaching discussion of the government agency rulings and the demise of the Chevron defense. The Labor and Employment Law Section, chaired by Steve Ellis, put this program together. Steve led a panel that included Kendall Hoechst, and David Harlow. The third option was a discussion by the Vermont Judicial Commission on Artificial Intelligence. The AI CLE was led by Commission Chair, Associate Vermont Supreme Court Justice William Cohen, and it included the VBA representative to the Commission, Ott Lindstrom, Commission Member and State Court Administrator Teri Corsones, and Commission member Attorney General Charity Clark. (Teri had baked chocolate chip cookies for all in attendance and those circulated through the theater as the session got underway). With a report due in March, the AI Commission is already lined up for an update at the VBA Mid-Year Meeting which will be held in Manchester on March 28, 2025.
The Business Meeting
After the morning CLEs wrapped up, it was time for lunch and the business meeting. Board of Managers President Judith Dillon presided over the meeting as her last official act in office. Judith dispatched the preliminaries promptly (approval for the meeting minutes from Mid-Year Meeting 2024, and the acceptance of the treasurer’s report). She then moved on to recognizing members of the bar for various remarkable achievements.
Honors
She began by awarding the President’s Award to Judge Thomas Durkin. Judge Durkin, longtime judge in the Environmental Division, longtime member of the VBA Board of Managers, and generally a revered and cherished figure in the Vermont legal landscape, is retiring. The President’s Award is bestowed in the discretion of the president of the Board of Managers and is intended to recognize those who have made exceptional contributions to the Bar. Judge Durkin, who had been honored two weeks previously at a special meeting and reception by the Environmental Law Section, was present at Lake Morey with his family to receive the award. The crowd came to their feet to recognize his contributions and to convey their good wishes.
Judith then presented the Matthew Katz award to the Hon. Helen Toor. Judge Toor retired from Superior Court bench on July 31 this year. With 25 years on the bench, Judge Toor was the longest-serving Vermont Superior Court judge at the time of her retirement. She had also been a colleague, friend, and admirer of Judge Matthew Katz, who died on June 25, 2024. The VBA had created the Matthew Katz award in 2015 to honor persons in the judicial system who demonstrate the characteristics of Judge Katz, including a commitment to the law, professionalism, and fair treatment for all who come before the judiciary. Judge Toor was present to receive the award, and she spoke movingly about her admiration for Judge Katz and about the personal significance of the award for her.
Judith next presented the Civility and Professionalism Award. This recognition was inaugurated last year, during the presidency of Andrew Manitsky. Andrew had made improving civility and professionalism a signature effort of his presidency. He wanted to ensure that the effort wasn’t limited to calling out bad behavior, but also recognizing exemplary conduct. This year, based on a nomination from Judge Kerry-Ann McDonald-Cady, the prize went to Chandler Ballanca of the Randolph firm Chadwick & Spensley. Chandler was there to accept the award and said some brief words of thanks to the Judge and the Bar.
Judith turned next to recognizing the emeritus members of the VBA. These are members who are at least 75 years old and who have been VBA members for at least 40 years. Twenty-six members achieved that milestone this year. Their names were listed in the program, and those who were present came to the front to pick up their emeritus awards. This included William Dagger, Patricia Gabel, Jean Brewster Giddings, The Hon. Brian Grearson, James H. Ouimette, VBA Executive Director Bob Paolini, and Chief Justice Paul Reiber.
Judith next read the list of names of those members lost since the Mid-Year Meeting in March, along with brief summaries of their lives and achievements. She then called for the audience to stand and observe a moment of silence.
Judicial Nominating Board
With the recognitions and honors completed, the business part of the business meeting resumed. The next item on the agenda was to make nominations for the open attorney seats on the Judicial Nomination Board.
By way of a quick refresher, Vermont’s Supreme Court Justices, Superior judges, magistrates, and the chair and members of the Public Utility Commission are appointed by the Governor from a list of candidates provided to him by the Judicial Nominating Board. Vermont attorneys are given three seats at the JNB table – one at-large position, one for the northern counties, and one for the southern counties. The attorney members of the JNB are elected by Vermont licensed attorneys who are also resident in the state. Judith called for nominations from the floor, and several were made. The two nominees for the northern counties seat were Steve Ellis and Jessica Burke. Sarah Vangel and Mimi Brill were nominated for the southern counties’ seat, and Justin Brown was nominated for the at-large seat. The candidates will prepare statements that will be made available on the VBA website this fall and elections will be held in January 2025.
Vermont Bar Foundation Update
It was then time for representatives from the Vermont Bar Foundation to take the stage. VBF Board President, Amelia Darrow, introduced the newly hired Executive Director, Hannah King. Bonnie Badgewick , VBF President Elect, introduced Deanna Hartog, who is the new Poverty Law Fellow. Deanna spoke briefly about her plans for her fellowship year, which will be focused on legal assistance for the unhoused of Vermont. Bonnie and Amelia updated the crowd on funding sources of the VBF, the work of the Board, and briefly about plans for the foundation for the year ahead with Hannah at the helm as the new Executive Director.
Vermont Legal Community Fighting Hunger Food (and Diaper) Drive
For the last eight years, the VBA has partnered with the Attorney General’s Office and the Vermont Paralegal Organization to raise funds and procure food and, recently, donations of diapers, for the Vermont Foodbank. Attorney General Charity Clark took the podium next to announce that during the two-week effort in September, Vermont’s legal community raised $15,193 for the Foodbank. This will translate into more than $62,900 worth of food to Vermonters. In addition to the monetary donations, more than 1,300 items including food, diapers were brought to local food shelves or meal sites partnered with the Vermont Foodbank. In the eight-year history of the food drive, the Vermont legal community has raised more than $85,000 and collected over 13,000 items.
Clark noted that the backbone of the effort was again the Vermont Paralegal Organization and the legal secretaries and staff of the many law firms that participated. Downs, Rachlin, Martin, PLLC, took the honors for the most donations among the law firms that participated.
ABA Report
Elizabethe Kruska, the VBA’s Delegate to the ABA, was unable to be at Lake Morey. She had attended the ABA Meeting in Chicago in August of this year, and a link was provided to the Bar regarding her report of that meeting. In her absence, Fritz Langrock stepped up to say hello and share a few words about the ABA. He is the treasurer of the organization this year, a rare achievement for a Vermont attorney.
Passing the Gavel
The final formal event of the meeting was the passing of the gavel from Judith to the incoming VBA President, Josh Diamond. Judith spoke briefly about her special projects during her year as VBA President. This included facilitating succession planning for late-career attorneys and workforce development for newer lawyers. The Loan Repayment Assistance Program, which Judith announced when she started her presidential year, is now beginning its second year. The program helps attorneys working in under-served areas of the state and under-served areas of legal need to pay their student loans. Applications for the second year of awards are open now until Oct. 28. (More information and a link to the application can be found here).
The gavel was handed over to Josh. Josh thanked the many supporters he has had during his legal career, including his father, former Attorney General Jerry Diamond, who was on hand at the meeting. Josh thanked Judith for all her work, which he characterized as “inspiring,” and spoke about his plans for his presidential. Josh intends to focus on issues related to the rule of law, access to justice, on building civic education. He hopes to do that largely through outreach efforts associated with Law Day in May. These efforts were spearheaded last year by Judith and Board Member Alphonso Villegas, along with various county bar associations.
The Afternoon
After Josh adjourned the meeting, the crowd moved back to the classrooms for the third block of CLEs that day. There were, again, three choices available. One was a discussion of Act 250, which was significantly modified in the last legislative session by Act 181. That CLE was organized by the Environmental Law Section and panelists included Alison Milbury Stone, Hannah Smith, Jim Knapp, Peter Gill, Catherine Dimitruk, Jen Mojo, and Joshua Plaksa. Another was a presentation by the Vermont Supreme Court regarding the work of its DEI Commission. The presenters there were Vermont Supreme Court Chief Justice Paul Reiber, Associate Justices Nancy Waples, Karen Carroll, Harold Eaton and William Cohen, and Scott Griffith, Chief of Planning and Court Services. The third option was a session on grounding and de-escalation skills for attorneys led by Cassie Gillespie, LICSW.
After one more break, the final block of CLEs offered a further three choices. Rod Smolla, president of Vermont Law and Graduate School and a renowned constitutional scholar, presented an update on the U.S. Supreme Court. A team from the Vermont Asylum Assistance Project gave a presentation concerning the impact of immigration law with other areas of civil and criminal practice. Speakers there included Marnie Avila Alvarez, Emma Matters-Wood. The third option was an update on the changes that will be coming to Fastcase, the legal research tool that is included as a VBA member benefit. Lisa Smith-Chrissey of Fastcase outlined the platform’s redesign as it transitions to “vLex Fastcase.” Rollout of the new platform in Vermont is scheduled to start on Nov. 5, 2024. (You can read more about that here).
As the day was wrapped up, raffle prizes were awarded, and attendees grabbed a snack and a drink for the road. The September weather was beautiful and promised a scenic return to base for all.
Thanks to all of our presenters, sponsors, and to all who attended. We will see you for the Mid-Year Meeting on March 28, 2025, at the Equinox in Manchester, Vermont! Save that date. Below are some scenes from the meeting.