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Limitations of Law and History FALL 2020 • VOL. 46, NO. 3 VERMONT BAR JOURNAL DEPARTMENTS 5 PRESIDENT’S COLUMN PURSUITS OF HAPPINESS 8 — An Interview with Mike Donofrio, Bassist RUMINATIONS 16 — Limitations of Law and History WRITE ON 24 — Past Tense: The Legal Prose of Justice Robert Larrow WHAT’S NEW 28 — Updates from the VBA “Barn, East Montpelier” by Jennifer Emens-Butler, Esq. BE WELL 35 — How to Feel in Control When Things are Out of Control 50 BOOK REVIEW 54 IN MEMORIAM 54 CLASSIFIEDS FEATURES 36 VBF Grantee Spotlight: South Royalton Legal Clinic Teri Corsones, Esq. 38 Access to Justice Campaign 41 Invisible Bars: The Collateral Consequences of Criminal Conviction Records Kassie R. Tibbott, Esq. 42 Can Lawyers Add Surcharges to Their Bills? Mark Bassingthwaighte, Esq. 43 Vermont Paralegal Organization, Inc. Celebrates 30 Years! Lucia White, VPO President 44 Justice Delayed Is Reunification Denied Hon. Howard Kalfus 48 Pro Bono Award Winner: Thomas French Mary Ashcroft, Esq. www.vtbar.org THE VERMONT BAR JOURNAL • FALL 2020 3 Advertisers Index VERMONT BAR JOURNAL ALPS .................................................................................................18 Vol. 46, No. 3 Fall 2020 BCM Environmental & Land Law, PLLC ...........................................20 Berman & Simmons ..........................................................................10 The Vermont Bar Association Biggam Fox & Skinner ........................................................................4 35-37 Court St, PO Box 100 Montpelier, Vermont 05601-0100 Caffry Law, PLLC .................................................................................6 802-223-2020 • 1-800-639-7036 Cleary Shahi & Aicher, P.C. ...............................................................19 Fax: 802-223-1573 E-Mail: [email protected] Dinse ................................................................................................13 On the Web: www.vtbar.org Economic & Policy Resources ............................................................6 James A. Johnson, Jr. .......................................................................34 President Elizabeth Kruska Law Pay ............................................................................................11 Leighton Detora ...............................................................................35 Past President Marks Powers LLP ............................................................................21 Elizabeth Novotny Medicare & Life Care Consultants ...................................................30 Secretary National Academy of Distinguished Neutrals ....................................7 Edward J. Tyler III Northeast Delta Dental ....................................................................45 Treasurer Preferred Properties .........................................................................31 Matthew F. Valerio Primmer Piper Eggleston & Cramer PC .................Inside Front Cover Board of Managers TCi Technology Consultants, Inc. ............................Inside Back Cover Katelyn Atwood Trust Company of Vermont ............................................... Back Cover David Carpenter Unsworth LaPlante, PLLC .................................................................17 Amy E. Davis Joshua Diamond Vermont Attorneys Title Corporation ................................................9 Judith L. Dillon Vermont Lawyers Assistance Program .............................................15 Hon. Thomas S. Durkin Robert E. Fletcher Vermont Legal Food Hub .................................................................12 Molly Gray Journal Andrew Manitsky To advertise in the , call Lisa Maxfield at 802.223.2020 James Rodgers Ben Traverse James Valente Alfonso Villegas Executive Director Therese M. Corsones, Esq. Director of Education & Communication Jennifer Emens-Butler, Esq. CFO / Member Benefits Lisa M. Maxfield Programs Coordinator Laura Welcome Lawyer Referral Service/Membership Michelle Abajian Legal Access Coordinator Mary C. Ashcroft, Esq. Layout/Design Alicia Anthony Published four times a year by the Vermont Bar Association Subscription rates: 1 year $35. 2 years $65. Printed by Stillwater Graphics VBA assumes no responsibility for claims arising in connection with products or services advertised in the Vermont Bar Journal. 4 THE VERMONT BAR JOURNAL • FALL 2020 www.vtbar.org PRESIDENT’S COLUMN Interview with Incoming VBA President, Elizabeth Kruska TC: I’m meeting with VBA Board Pres- wanted to stay in Vermont. We made the ident-Elect Elizabeth Kruska, just before decision together to stay here. the VBA Annual Meeting where she will of- ficially take office. Elizabeth, on behalf of TC: I can relate! What law jobs have you Vermont Bar Journal readers everywhere, had during your career so far? thank you for taking time to meet with me EK: I did mostly public defender work in today. White River Junction from 2004-2016 and EK: My pleasure! then started my solo firm in early 2017. I have taught a criminal procedure course TC: First, can you tell us a bit about your (and now also evidence lab) at Vermont background. Where did you grow up and Law School since 2012. I also taught crim- where did you go to school? inal justice ethics at Norwich University in EK: I grew up near Kalamazoo, Michigan. 2017. Luckily, we have many really great public colleges and universities in Michigan, and I TC: Is there one case that stands out went to the University of Michigan (hooray from your years in practice, that you con- for in-state tuition!). I earned a BS in Natu- sider the most significant to you person- ral Resources and Environment. I took a lot ally? of policy classes, and also a lot of forestry EK: I represented a child in a juvenile classes. While my classmates were sitting in matter several years ago. I can’t say much, lecture halls, I was canoeing to soil pits and of course, because juvenile matters are con- gard! Second, what would you recommend measuring tree diameters. It’s one of the fidential. It was a really hard case because to new lawyers in terms of volunteer op- best decisions I’ve ever made. there were three possible outcomes, all of portunities for them? Since I seemed to be focused on envi- which would have been equally good for EK: I do think it’s important for new law- ronment and policy, I looked at law schools the child. But my client – a whip-smart 11- yers to get involved with opportunities with those focuses, and ultimately picked year old who was wise beyond her years – that interest them. I would suggest finding Vermont. Even though my focus changed had a really strong opinion. I learned to lis- things that seem interesting in your geo- while I was in school, I’m glad I ended up ten to her and to advocate very strongly for graphic area, and volunteering to partici- here! her position. Thankfully, the judge agreed pate. I didn’t do that as much as a young with us, and also was able to see the child’s lawyer – it felt like a lot to practice full time TC: A fellow Mid-westerner! What led point of view. That case also showed me and also to try taking on volunteer work. I you ultimately to consider law school as a the goodness in people; there were some also sometimes felt like events I wanted to path? participants in the case who really went out participate in were far away and at times EK: The OJ Simpson trial was fascinat- of their way to do what they thought was that were hard to get to. ing for me. It happened in the summer be- right for a little kid. They didn’t have to do It seems like some county bars are fair- tween my junior and senior year of high that, but they did. I’m very thankful to them ly active and have regular meetings. That school. I remember watching several days for just being good people. seems like a good way to get acquainted of Kato Kaelin’s testimony and thinking, with practitioners in your local area, and to “how does anyone possibly know what TC: Thank you for your work in the juve- get involved in the community. they did at 10:20 or 10:25 on a particular nile docket. What do you find most inter- day?” and also thinking that the lawyers esting about your work and what do you TC: When did you become interested in must have known why that was important. find the most challenging? serving on the VBA Board? That sort of gave me the idea about going EK: I’m currently in solo practice, and EK: I received a call from Dan Richardson to law school. sometimes it’s hard to be alone. I feel really in 2014 or so, asking if I would be interest- Then in college I took several policy lucky that our bar is as friendly and collegial ed in running for a seat. I thought it seemed classes, and an environmental law class. as it is. I have no hesitation about calling a like a great opportunity to meet more law- I found that I understood the method of fellow practitioner if I’m having trouble fig- yers around the state. Even though we’re a analysis and thought it was something that uring out something and if I need another small state and a small bar, it’s easy to feel might work for me. I’ve always been a fan set of eyes or ears. Others have called me like you’re in a silo with attorneys in your of puzzles and I like figuring out things – it with similar situations. I generally find we’re own practice area or your own geograph- seemed like kind of a natural fit. all happy to help one another. ic area. For example, I was elected in the In terms of what’s interesting, I often find same year as Lauri Fisher, who lived and TC: Did you consider practicing any- when
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