|| A Judge Lynching: LETTER TO BRIAN JOYCE, WCAX REPORTER WHO HAS COVERED PART OF THE JUDGE LYNCHING|
RE: WCAX-TV NEWS STORY 5.21.08 -- MISLEADING |
Hello Brian Joyce- Of course I don't know what part of this story you wrote, if any -- but if you would consider -- or pass on the comments below, I'd be grateful. wmb
Judge Appeals Suspension
Montpelier, Vermont - May 21, 2008
A Windsor County side judge found guilty of misconduct is appealing his suspension.
[Somewhat misleading -- I've not been suspended yet and can't be without action of the Supreme Court after 30 days. What I'm appealing is the recommendation that I be suspended.]
The Judicial Conduct Board recommended William Boardman be suspended for six months. State regulators say he had a conflict of interest in a local non-profit organization, and disseminated false information during his last campaign.
[There is NO allegation that I distributed false information, because I did not. There is an allegation that I didn't apologize for information that was not designated for publication, but was mistakenly published without my consent. This is also a First Amendment issue of constitutionally protected free speech.] ...
But Boardman says he is an elected official, so the board does not have the authority to suspend him. He claims the sanctions against him dealt with his administrative duties, not his judicial work.
[This is NOT my argument, although it is similar to my argument. There is no dispute that the board has the authority to recommend my removal from the bench. There is no dispute that there is no complaint about my activities on the bench in any of the four courts in which I sit. The complaint involves my roles as county executive and candidate for office. My argument is that an appointed board has no authority to remove an elected official from office. That's what impeachment is for, should it come to that.]
The Vermont Supreme Court will decide if and when the suspension takes effect.
[After due process, including the possibility of at least one more hearing.]
[Rule 10 of the Supreme Court's rules for the disciplinary control of judges, section (5), provides in whole: "Findings of fact by the hearing panel shall not be set aside unless clearly erroneous." Quite a few of the board's findings of fact are clearly erroneous.]
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