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The Centennial of 111 State Street the Home of the Vermont Supreme Court

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The Centennial of 111 State Street the Home of the Vermont Supreme Court SUMMER 2018 • VOL. 44, NO. 2 VERMONT BAR JOURNAL DEPARTMENTS 5 SPECIAL FOCUS — 100th Anniversary of the Vermont Supreme Court Building 8 PURSUITS OF HAPPINESS — Oil on Canvas - An Interview with Carole Obuchowski 14 RUMINATIONS — The Centennial of 111 State Street 24 WHAT’S NEW — Expert Witness Disclosure in Vermont 26 WHAT’S NEW — Legislative Overview Supreme Court building in June, photo by Jennifer Emens-Butler; celebration logo 28 WHAT’S NEW by Jason B. Gould. 100-year celebration — Limited New Approaches to Decedents’ Probate event photos are available at: http://vbablawg.blogspot.com/2018/05/ 31 WRITE ON — The Rhetorical Elegance of Robert Jackson 48 BOOK REVIEW 49 IN MEMORIAM 50 CLASSIFIEDS FEATURES 35 Appellate v. Trial Advocacy: Tips & Traps David Boyd, Esq. 36 Four Years of Success for the Environmental Court Free Legal Clinic Mary Ashcroft, Esq. 38 Spotlight on Vermont Legal Aid Teri Corsones, Esq. 39 Pro Bono Profile: Pauline Law Mary Ashcroft, Esq. 41 Pro Bono Profile: Sal Spinosa Mary Ashcroft, Esq. 42 Second Amendment Case Law Informs the Debate Gary Franklin, Esq. 43 Cybercrime and Social Engineering Mark Bassingthwaighte, Esq. 45 Access to Justice Campaign www.vtbar.org THE VERMONT BAR JOURNAL • SUMMER 2018 3 Advertisers Index VERMONT BAR JOURNAL Accounting Systems Design .............................................................19 Vol. 44, No. 2 Summer 2018 ALPS .................................................................................................27 AmWins Program Underwriters .........................................................7 The Vermont Bar Association BCM Environmental & Land Law, PLLC ...........................................12 35-37 Court St, PO Box 100 Montpelier, Vermont 05601-0100 Berman & Simmons ..........................................................................30 802-223-2020 • 1-800-639-7036 Biggam Fox & Skinner ........................................................................4 Fax: 802-223-1573 Caffry Law, PLLC ...............................................................................43 E-Mail: [email protected] On the Web: www.vtbar.org Cleary Shahi & Aicher, P.C. ...............................................................11 CUBA 2018 .......................................................................................23 President Dinse ................................................................................................15 Gary L. Franklin Economic & Policy Resources ..........................................................44 Past President First American Title Insurance Company .........................................29 Michael E. Kennedy James A. Johnson, Jr. .......................................................................44 Secretary Jarrett & Luitjens ..............................................................................17 Edward J. Tyler III Law Pay ............................................................................................33 Treasurer Lawyers Assistance Program ............................................................37 Matthew F. Valerio Marks Powers LLP ............................................................................13 Northeast Delta Dental ....................................................................29 Board of Managers Francesa M. Bove Primmer Piper Eggleston & Cramer PC .................Inside Front Cover David Carpenter TCi Technology Consultants, Inc. ............................Inside Back Cover Hon. Thomas S. Durkin Robert E. Fletcher Trust Company of Vermont ............................................... Back Cover Hon. Ben W. Joseph Vermont Attorneys Title Corporation ..............................................21 Elizabeth Kruska Vermont Trial Lawyers ........................................................................9 Andrew Manitsky Elizabeth Novotny Journal Charles Romeo To advertise in the , call Lisa Maxfield at 802.223.2020 Ben Traverse Thomas S. Valente 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 Lalitha Mailwaganam Administrative Assistant Tami Baldwin 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 • SUMMER 2018 www.vtbar.org 100th Anniversary of the Vermont Supreme Court Building – A Celebration of the Vermont Bench and Bar On May 18, 2018, the Vermont Bench and Bar collaborated to celebrate the cen- tennial anniversary of the Vermont Supreme Court Building in Vermont. When discussing the initial plans for the event many months ago, Chief Justice Paul Reiber made it clear that he viewed the occasion as an oppor- tunity to recognize and celebrate both the courts and the bar, and the role they play together in our justice system. He and a small planning committee that involved the Vermont Bar Association, the Vermont Su- preme Court, the State Curator’s Office, the Court Administrator’s Office and the Wash- ington County Sheriff’s Department laid the groundwork for an event that sought to not only celebrate the 100th anniversary of the Vermont Supreme Court Building, but to celebrate all of the courts and the bar throughout Vermont, and the work done by each to ensure that equal justice is afforded all Vermonters. Montpelier attorney and historian Paul Gillies was enlisted to pen an essay focus- ing on the theme of the event: “The Role of the Bench and the Bar in Preserving the Rule of Law.” Attorney Gillies generously not only researched and wrote a fascinat- ing essay about the history of the Vermont two counties, Bennington County to the which was a condition for the location of Supreme Court Building (See Ruminations, west and Cumberland County to the east. the Orange County shire in that town. The p. ), but he researched and compiled the The Green Mountain Boys met in the Cat- first jury trial was held there in 1796, when materials for a re-enactment of one of the amount Tavern, where Vermont’s very first Asahel Chamberlain sued Jonathan Bar- first cases heard by the Vermont Supreme court trials were heard. rett for the value of two potash kettle. The Court in the then-new building that opened Windham County – Westminster was the courthouse was the site of the famous mur- in early May, 1918. Attorneys Michael Tar- first county shire in Windham County, and der trials associated with the 1957 death rant and Stephen Coteus expertly present- New York built the first courthouse there in of Orville Gibson, whose frozen body was ed a re-enactment of the oral argument be- 1772. Residents opposed the opening of found bound and gagged in the Connecti- fore the full court of Justices, held at the the courthouse, however, and the “West- cut River. There were two trials, and neither conclusion of the event. minster Massacre” resulted. When New- resulted in a guilty verdict. In accordance with the desire to recog- fane was later established as the county Windsor County – In 1786 the legisla- nize each of the counties, the ceremony shire, the first building erected in the village ture named Woodstock the county shire, highlighted displays depicting the state was a courthouse. provided that the town construct a proper courthouses in the fourteen counties, and Rutland County – When established in courthouse. In 1928, John Winters was con- the presiding judges and county bar presi- 1781, Rutland County included all of west- victed of murder at the Woodstock court- dents for each of the counties were invit- ern Vermont north of the present Benning- house by a jury of his peers. On appeal, ed to represent their respective counties at ton County/Rutland County line. A case he was represented by Clarence Darrow, the event. Commemorative marble plaques from Rutland County was one of the first then 71 years of age. The conviction was cut from marble used in the original court- heard in the new Supreme Court Building reversed and a new trial ordered following house construction were presented to the in 1918. George La Mountain had been a lengthy oral argument. county delegations, after short historical killed working as a laborer removing snow Addison County - Once Addison Coun- accounts for each county (also researched from a Rutland crossing when he was hit by ty was created in 1787, the Supreme Court and written by Attorney Gillies) were read a locomotive. The court held that the “least met in various private homes and taverns. by the county representatives. Examples of watchfulness for his own safety while en- The first courthouse was built by subscrip- some of the historical facts, in the order in gaged in the crossing would have saved tion, and occupied in 1798. It was replaced which Vermont’s fourteen counties were es- him,” and that failure destroyed any claim by a courthouse in 1883, that cost $22,000. tablished, include: for damages. In 1996, the Frank Mahady Courthouse Bennington County – In 1778 the first Orange County - The town of Chelsea was constructed in a field east of the for- Vermont Legislature split Vermont into raised the money for a jail and courthouse, mer site. The old courthouse reverted to www.vtbar.org THE VERMONT BAR JOURNAL • SUMMER 2018
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