|| A Judge Lynching: Judge Boardman Files Notice Of Appeal To Supreme Court|
CONCERNING HONORABLE WILLIAM BOARDMAN – NEWS RELEASE – 6.8.08
FOR IMMEDIATE RELEASE
Contact: William Boardman (802) 457-1782
JUDGE BOARDMAN FILES NOTICE OF APPEAL TO SUPREME COURT
By William Boardman, Assistant Judge
WOODSTOCK – Assistant Judge William Boardman, acting through his attorney, has filed his notice of appeal with the Vermont Supreme Court, challenging the recent “order of recommendation” issued by the judicial conduct board on May 13. Judge Boardman has filed within the 30-day appeal period, which effectively postpones any action on the board’s order for the time being.
Judge Boardman’s appeal is based in large part on the clearly erroneous “facts” propounded by the board, many of them contradicted by the documentary evidence before the board, or the testimony, or both. As a result of relying on clearly erroneous assertions of fact, Judge Boardman argues, the board has failed to meet its burden of proof – the board has not supported its complaint with clear and convincing evidence.
“Clear and convincing” is a high burden of proof, though not as stringent as “Beyond a reasonable doubt.”
Because the board’s clearly erroneous findings fail to meet the board’s burden of proof of clear and convincing evidence, Judge Boardman is asking that the complaints against him be dismissed, with prejudice – meaning that they cannot be brought against him another time.
Another of Judge Boardman’s arguments on appeal is that the board has erred in seeking to punish one judge for acts taken by two judges acting in concert. A Vermont county is run by two Assistant Judges and they must agree on a decision before is can take effect. In Judge Boardman’s case, the record clearly shows that Judge Kenneth Cooper and Judge David Singer were in full agreement with the actions the board alleges Judge Boardman took on his own.
Judge Boardman will also argue that the board’s proposed action is tantamount to suppressing his right to free speech under the First Amendment of the Constitution and is therefore clearly unconstitutional.
None of this is yet before the Supreme Court, which will first allow time for the attorneys to file briefs and then may schedule a hearing.
Judge Boardman’s Notice of Appeal, together with the $225 filing fee, was filed with the Vermont Supreme Court by Attorney Eric R. Benson, Esq., on June 5. It reads in its entirety:
“NOTICE is hereby given that the Honorable William Boardman, Assistant Judge of Windsor County, the Respondent above named, hereby appeals to the Supreme Court from the “Findings, Decision, and Order” of the Judicial Conduct Board in this Judicial Conduct Board proceeding entered in this action on May 13, 2008, pursuant to S.Ct.Disc.Ctrl. of Judges Rule 10. The Respondent also respectfully appeals the interim orders of the Judicial Conduct Board in the above captioned matter and rulings made by the Chair of the Board on Motions without hearing or other members of the Board participating.”
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