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The Constitutional Opinions of the Attorney General of Vermont

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The Constitutional Opinions of the Attorney General of Vermont FALL 2019 • VOL. 45, NO. 3 VERMONT BAR JOURNAL DEPARTMENTS PRESIDENT’S COLUMN 5 — Listen to be Heard 6 — An Interview with Incoming President Beth Novotny PURSUITS OF HAPPINESS 12 — From Sword to Pen RUMINATIONS 16 — The Constitutional Opinions of the Attorney General of Vermont WRITE ON 24 — Keepers of the Flame “Smittybrook Farm WHAT’S NEW Georgia, Vermont” 28 — VBA Annual Report 2018-2019 by Lisa M. Maxfield 31 — 2018-2019 Sections & Divisions Annual Report BE WELL 37 — Lower Your Stress, Increase Your Resiliency 52 BOOK REVIEWS 54 IN MEMORIAM 54 CLASSIFIEDS FEATURES 39 VBF Grantee Spotlight: NewStory Center Teri Corsones, Esq. 41 The Decision to Hire Contract Attorneys Should Never Be Just About the Money Mark Bassingthwaighte, Esq. 43 Vermont Poverty Law Fellowship Update: Mental Health and Housing Jill Rudge, Esq. 44 Access to Justice Campaign 47 Mediation - Evolving Methods Michael J. LeVangie, Esq. 50 The NBAification of Biglaw and Can Lawyers Learn Anything from Warren Buffett and Leonardo da Vinci? Joseph Ronan, Esq. www.vtbar.org THE VERMONT BAR JOURNAL • FALL 2019 3 Advertisers Index VERMONT BAR JOURNAL ALPS .................................................................................................25 Vol. 45, No. 3 Fall 2019 BCM Environmental & Land Law, PLLC ...........................................30 Berman & Simmons ............................................................................5 The Vermont Bar Association Biggam Fox & Skinner ........................................................................4 35-37 Court St, PO Box 100 Caffry Law, PLLC ...............................................................................14 Montpelier, Vermont 05601-0100 802-223-2020 • 1-800-639-7036 Cleary Shahi & Aicher, P.C. ...............................................................21 Fax: 802-223-1573 Cuban American Friendship Society ................................................32 E-Mail: [email protected] Dinse ..................................................................................................7 On the Web: www.vtbar.org Economic & Policy Resources ..........................................................35 President James A. Johnson, Jr. .......................................................................27 Gary L. Franklin Law Pay ............................................................................................17 Past President Lawyers Assistance Program ............................................................29 Michael E. Kennedy Leighton Detora ...............................................................................10 Leo Bisson ........................................................................................15 Secretary Edward J. Tyler III Marks Powers LLP ............................................................................13 National Academy of Distinguished Neutrals ....................................9 Treasurer Northeast Delta Dental ....................................................................35 Matthew F. Valerio Primmer Piper Eggleston & Cramer PC .................Inside Front Cover Board of Managers TCi Technology Consultants, Inc. ............................Inside Back Cover Katelyn Atwood Teamswork ..........................................................................................8 David Carpenter Amy E. Davis Trust Company of Vermont ............................................... Back Cover Joshua Diamond Unsworth LaPlante, PLLC .................................................................19 Judith Dillon VBA Legal Connect ..........................................................................33 Hon. Thomas S. Durkin Robert E. Fletcher Vermont Attorneys Title Corporation ..............................................11 Elizabeth Kruska Andrew Manitsky To advertise in the Journal, call Lisa Maxfield at 802.223.2020 Elizabeth Novotny James Rodgers Charles Romeo Ben Traverse 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 L Brown & Sons Printing, Inc. 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 2019 www.vtbar.org by Gary Franklin, Esq. PRESIDENT’S COLUMN Listen to be Heard As lawyers, we are trained to be zeal- sion, we want to be sure that these services ous advocates, which too often translates are sufficiently promoted and well known into a competition of whose plumage is the throughout the State. After brief introduc- brightest and attracts the most attention. tions, we opened the floor inviting those in But, as the old adage goes, God gave us attendance to share their concerns, ques- two ears and one mouth for a reason. To be tions and observations. While often a small an effective mouthpiece, you also need to gathering, participants were involved and be a good listener. seemed to genuinely appreciate the effort Listening, however, is more than just to visit with them. Discussions were typi- hearing. It is an intentional and active ex- cally robust, frank and respectful. ercise to better understand and connect The more common topics raised and dis- to what is being said. In this age of com- cussed included: the juvenile docket, re- munication, we risk losing meaningful con- storative justice, the aging of the bar, drug nections under the monumental weight of treatment courts, the impact of the opioid noise streaming across a circus of devices. crises, the shortage of lawyers (particularly To combat this modern phenomenon, in more rural areas), challenges to judicial and better understand where we as lawyers resources and court management, land- can most effectively add value to the so- lord/tenant concerns, and expungements. cial fabric of our communities, Chief Justice So what did we learn? Do more listening! Paul Reiber and I embarked on a Listening It is often that gift of being heard that reso- Tour. Over the last year, he and I, along nates the deepest. with the VBA’s executive director Teri Cor- While concrete action items are not easy sones, traveled to each county in the State to come by, it became clear how impor- to personally meet with the local bar, local tant it is to provide a platform for inter- legislators, interested stakeholders in the actions between not only the bench and legal system such as those involved with the bar, but between lawyers and legisla- restorative justice, and occasionally mem- tors, various service providers, and mem- By providing an effective platform of en- bers of the public. Also present were the bers of the general public. Indeed, public gagement, lawyers have the opportunity to local presiding judge and county bar presi- outreach has been an important initiative work beyond the confines of their practice dent. We had no agenda other than to lis- of the VBA. The legal profession is faced and to participate in meaningful activities ten and actively demonstrate our interest with complex issues such as the disconnect that highlight our profession, and the VBA in each community we visited. between lawyers and self-represented liti- fulfills its core function to promote legal While it turns out that not everyone is gants, social issues being presented in a le- services and the rule of law. clamoring for the opportunity to meet with gal system not designed to resolve them, us, the meetings proved to be an effective the decline of rural services, the siloing of forum for sharing experiences and ideas. practice areas, and the need to attract tal- To make folks comfortable, we deliberate- ented young lawyers. ly avoided courthouses and instead met in community venues. Highlights included kicking off the Tour in the Town Hall The- ater in Middlebury, gathering in the histor- ic Old Labor Hall in Barre, pulling our chairs into an intimate circle in the Lunenburg Town Hall in the dark dead of winter, feel- ing the grandeur of the St. Jay Athenaeum – a gathering place for those seeking wis- dom, and visiting various museums, librar- ies, and town halls. Crisscrossing the State offered a time to reflect on how the Bar is more than just a trade association. It is a community of respected, energized and selfless citizens – more role models than loudmouths. At each stop, we passed out a list of pro bono and low bono programs as well as the ubiquitous green cards for the Ver- mont Lawyer Referral Service and other le- gal services that are found in every court house. In line with our access to justice mis- www.vtbar.org THE VERMONT BAR JOURNAL • FALL 2019 5 An Interview with Incoming VBA President Elizabeth Novotny TMC: It’s September 4, 2019, and I’m EN: Currently I’m general counsel to the meeting with VBA Board President-Elect Mosaic Learning Center and I’ve been in Elizabeth (Beth) Novotny. Beth, on behalf of that role since 2012. Before that, I was a Vermont Bar Journal readers everywhere, clerk to the Vermont Department of State’s thank you for taking time to meet with me Attorneys and Sheriffs, a prosecutor with today. the Chittenden County State Attorney’s Of- EN: It’s my pleasure and thanks for taking fice, an attorney at Perry and Schmucker (a the time to ask these questions.
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