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VBA 2025 Mid-Year Meeting

March 28, 2025

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Vermont Community Foundation will host a beer, wine and cheese social on Thursday, March 27th from 5-6pm in the Falcon Bar at the Equinox.   Come to meet Philanthropic Advisors and learn more about the products and services, including DAFs ( Donor Advised Funds) and Estate Planning Tools, offered by this sponsor for charitable Vermonters.  

For ease of planning purposes, if you can let us know whether you plan to attend - email: lwelcome@vtbar.org  it would be helpful, but stop by either way!

event date time appointment Mid-Year Meeting Agenda

Musical Wellness for Attorneys

8:30am - 9:30am

Speakers: Mary Ashcroft, Moderator and Alastair Stout, Choir Director Singing is at the heart of being human and it’s good for you! Singing together is even better. From protest songs to work choirs and national anthems, group singing has been used to build community, to galvanize people around ideas, emotions and causes, and to make them feel better. Well-being in the legal profession has been and remains a constant problem. In this session, we will hear from attorneys who are also singers about how their musical lives help them in their professional lives. We will learn about the wellness benefits of singing and we will start the day with singing under the direction of professional music director Alastair Stout and moderator (and singer) the VBA’s own Mary Ashcroft.

State Courts and the Rule of Law

9:45am - 11:15am

Speakers: Hon. Thomas Zonay, Hon. Mary Miles Teachout (Ret.), Hon. David Schenck (TX), Joshua Diamond and Ella Spottswood Independent, impartial courts are critical to ensuring the fairness and legitimacy of democratic political systems. The panel will discuss the importance of upholding constitutional rights, maintaining judicial independence, and promoting transparency in the judicial process. The panel will focus on the necessity of state courts to promote public confidence in the operations of government and the rule of law.

Top 10 Tips for Vermont Appellate Practice*

11:30am - 12:30pm

Speakers: Chief Justice Paul Reiber, Hon. Nancy Waples and Bridget Asay An invaluable refresher course on briefing and arguing appeals, with guidance from the best source: members of the Court! An experienced appellate advocate will moderate a conversation with Chief Justice Reiber and Justice Waples about common mistakes and how to avoid them. *approved & certified to meet the requirements of Rules 12(a)(1) & 15(c) of the VT Rules of Admission

VT Judiciary Committee on AI & the Courts - Update*

11:30am - 12:30pm

Speakers: Associate Justice William Cohen (moderator), Judge Alex Burke, Prof. David Stein, Ott Lindstrom, and Teri Corsones This program will present and review the Vermont Judiciary Committee on Artificial Intelligence and the Courts’ First Annual Report, submitted to the Vermont Supreme Court on March 1, 2025. The First Annual Report details the work and recommendations of the VJCAIC Court Rules Subcommittee, Disciplinary Rules Subcommittee, Court Operations Subcommittee and Policy and Standards Subcommittee. We welcome your feedback! *approved & certified to meet the requirements of Rules 12(a)(1) & 15(c) of the VT Rules of Admission

Lunch and Business Meeting

12:45pm - 1:45pm

Colonnade Dining Room

Hot Topics in Legal Ethics

2:00pm - 3:00pm

Speaker: Kevin Lumpkin This session will begin with an overview of the complaint process, explaining how complaints against attorneys are investigated and prosecuted, and the potential options for resolution. Kevin will then cover frequent “hot topics” that arise in legal ethics, including (1) to CC or not to CC a client; (2) the confidentiality of “publicly filed” information; (3) best practices for screening prospective clients; and (4) the unauthorized practice of law when your client has legal problems in other states.

State Constitutional Law in an Age of Dramatic Federal Constitutional Change

3:15pm - 4:45pm

Speakers: Rod Smolla, VLGS President, Chief Judge Jeffrey S. Sutton (6th Circuit), and Douglas Keith (Brennan Center) This program will explore the role of state constitutional law against the backdrop of recent dramatic changes in federal constitutional law doctrines. The panel will explain the fundamental relationship between federal constitutional law and state constitutional law. At times state constitutional law may serve as an expander of rights beyond those guaranteed in the federal constitution. In other instances, however, federal constitutional law may operate to restrict such attempts at expansion. The panel will explore the factors commonly considered by state supreme courts in deciding whether to interpret or apply a state constitutional law provision more expansively than its federal analog. The panel will also discuss how political context, including the dynamics of judicial selection and reselection, which vary widely among states, impact the evolution of state constitutional law jurisprudence in different states.

event date time appointment Special Meetings

Young Lawyers Division Annual Meeting

9:00am - 10:00am

Orvis Boardroom

Women's Division Annual Meeting

TBD

Battenkill

event date time appointment Business Meeting Agenda (DRAFT)

Call to Order

VBA President Joshua Diamond

Minutes and Treasurer's Report

Memorial

Fred W. Houston 05-Apr-24 Richard C. Blum 22-Sep-24 Peter A. Cady 08-Oct-24 James E. Hirsch 14-Oct-24 Peter J.R. Martin 25-Oct-24 Christopher D. Dye 08-Nov-24 Hon. Thomas Durkin 03-Dec-24 Charles D. "Chad" Hickey 04-Dec-24 Mary Elizabeth Casey 14-Dec-24 Edward R. Zuccaro 13-Jan-25 Thomas P. Salmon 14-Jan-25 Francis X. "Frank" Murray 24-Jan-25 Sandra L. Baird 10-Feb-25

Special Elections

Keith Roberts was chosen by the Board to fill the remaining term of Richard Cassidy, who became President-Elect. Kate Lamson was chosen by the Board to become Secretary following the resignation of Ted Tyler. These appointments are subject to the approval of the membership at the March meeting. VBA voting members are asked to vote on the question: “Pursuant to Article X of the VBA Constitution, shall the decisions of the Board of Managers to appoint Kate Lamson to fill the remaining term of the Secretary’s position following Ted Tyler’s resignation and to appoint Keith Roberts to fill the remaining term of Richard Cassidy’s board seat following his election to President-Elect be confirmed?”

Board Elections

President elect: Jordana Levine Secretary: Kate Lamson Treasurer: Matt Valerio At-large-two-year term, 2025-2027: Jessica Bullock (unopposed) At-large-two-year term, 2025-2027: Elizabeth Miller (unopposed) At-large-two-year term, 2025-2027: Colette Schmidt v. Mitch Rotbert At-large one-year 2025-2026: Keith Roberts (unopposed)

Endorsement of February 27, 2025 Statement

Issued by the Board of Managers of the Vermont Bar Association

Pro Bono Award

This year's recipient of the Pro Bono Award is Sheilagh Smith

Poverty Law Fellowship Update

Vermont Bar Foundation Report

Old/New Business

Sponsors

Meet the amazing sponsors of this year's event.

Speakers

Bridget Asay

Bridget Asay is an experienced appellate attorney, who joined Stris & Maher in 2017 after serving as the Solicitor General for the State of Vermont. She handles high-stakes appellate and trial court litigation in all areas of the law. Ms. Asay has argued two cases in the U.S. Supreme Court and has briefed and argued dozens of appeals in state and federal courts. For over a decade, Ms. Asay supervised and conducted appellate litigation for the Vermont Attorney General’s Office. She graduated Phi Beta Kappa, with honors, from Harvard University and earned her law degree from Yale Law School. After law school, Ms. Asay clerked for Chief Judge J. Garvan Murtha, U.S. District Court for the District of Vermont, and Justice Denise Johnson, Vermont Supreme Court.

Mary Ashcroft

Mary C. Ashcroft, Esq., the Vermont Bar Association’s Legal Access Coordinator, manages and constantly hunts for money for the VBA’s statewide low bono programs. These programs use grant funds to pay reduced fees to private attorneys who provide critical legal services to low income Vermonters and crime victims. Mary also co-facilitates the VBA/Vermont Law School New Attorney Incubator Project and assists with attorney training and mentoring. Attorney Ashcroft has maintained her own solo law practice in the Rutland area for over 30 years, concentrating in family, real estate, land use and estate law. A firm believer that lawyers ought to be ‘pillars of their communities’, Mary has served in many state and local government positions and on non-profit boards and committees. She was recently re-elected to her town’s Select Board. Attorney Ashcroft is a native Vermonter and a graduate of UVM and Catholic University Law School. She was admitted to the Vermont Bar in 1979. When she is not volunteering as guardian ad litem or working with Scouts on merit badges, Mary can be found searching for elusive goats on her family farm in Rutland Town.

Hon. Alexander Burke

Judge Alexander N. Burke of Arlington, Vermont, is a lifelong Vermonter, growing up in Underhill and attending Mount Mansfield Union High School. He received his BA from Boston College and his JD from American University, Washington College of Law. He served as a Deputy State’s Attorney for Bennington County prior to Governor Phil Scott appointing him as a Superior Court Judge on December 4, 2023. He is currently assigned to the Rutland Civil Division and serves as the Chair for the Court Rules Subcommittee for the Vermont Judiciary Committee on Artificial Intelligence and the Courts.

Associate Justice William Cohen

Justice William D. Cohen (“Bill”) of Rutland Town, Rutland County, grew up in Rutland and was educated through the Rutland Public School System. He graduated from Rutland High School in 1975, followed by a year as a chair lift operator for Killington Mountain Resorts. He then went on to obtain an undergraduate degree from The George Washington University, B.A. in Environmental Science, and a J.D. from Vermont Law School. Bill started his career as Deputy State’s Attorney, followed by working in private practice at two separate law offices in Rutland. During this time, his focus was primarily on statewide civil litigation. In 1999, Bill was appointed as a State Superior Court Judge. On December 5, 2019, Governor Phil Scott appointed him to the Vermont Supreme Court as an associate justice. In his free time, Bill is an avid participant in endurance sports, including biking, skiing, and running.

Teri Corsones

The Vermont Supreme Court appointed Teri Corsones as Vermont State Court Administrator in 2022. Immediately prior to her appointment, Teri served as Executive Director of the Vermont Bar Association. After graduating from Cornell Law School in 1982, Teri worked in private practice in Vermont for 25 years before serving as Superior Court Clerk after the re-structuring of the Vermont Superior Court in 2010. During her career in the private and public sectors, Teri also served as President of the Vermont Bar Association, President of the Vermont Bar Foundation, Chair of the Vermont Human Rights Commission, Chair of the Mendon Planning Commission, Chair of the Diocese Review Board and Member of the Vermont Access to Justice Coalition. She currently servon the Vermont Commission on the Well-Being of the Legal Profession, the Vermont Judiciary Commission on Mental Health and the Courts, the Vermont Judiciary Committee on Artificial Intelligence and the Courts and the Advisory Committee on Rules of Public Access to Court Records. A graduate of the University of Notre Dame, Teri is married to her husband, Cort. They live in Mendon, Vermont and have three children and six grandchildren.

Joshua Diamond

Joshua Diamond is an attorney at Dinse with a focus on civil litigation, regulatory matters, and government relations. Prior to joining Dinse, Joshua served as the Deputy Attorney General from 2017-2022 where he had responsibilities for the development and implementation of policies and priorities at the Attorney General’s Office, oversight of personal and administration, supervised litigation and settlement negotiations, and provided general counsel to the Attorney General. Before joining the Vermont Attorney General’s Office, Joshua was in private practice with the law firm of Diamond & Robinson, P.C. His practice focused on civil litigation and administrative matters involving public utilities, consumer protection, campaign finance, personal injury, employment and labor law. Josh is the President of the Vermont Bar Association's Board of Managers. Joshua resides in Williston, Vermont, with his wife and two children. He is a former member of the Williston School Board (2011-2017) and serves as President of the Board of Directors at Cochran’s, the nation’s first non-profit ski area.

Douglas Keith

Douglas Keith is a senior counsel in the Brennan Center’s Judiciary Program, where he works primarily to promote fair, diverse, and impartial courts. Keith is also a founding editor of State Court Report, a Brennan Center publication focused on state courts and state constitutional law. Previously, he was the George A. Katz Fellow at the Brennan Center, working on matters related to money in politics, voting rights, and redistricting. His work has been featured in the New York Times, Washington Post, Atlantic, Guardian, New York Daily News, NPR, and the Huffington Post. Keith previously worked as a Ford Foundation public interest law fellow at Advancement Project, organized voting rights advocates in New York, served as an international election observer for the National Democratic Institute and OSCE Office for Democratic Institutions and Human Rights, and trained poll workers for the New York City Board of Elections. Keith is a graduate of Duke University and NYU School of Law.

Ott Lindstrom

Carl “Ott” Lindstrom is a member of the Litigation team at Paul Frank + Collins, serving clients in a wide swath of civil matters. Before joining PF+C, Ott served as a Law Clerk with the Vermont Superior Courts in Washington and Orange County. He has previously worked with a Virginia-based boutique IP firm, interned with the Fauquier County Attorney’s Office in Warrenton, Virginia, and served as the Chief Technology Officer for William & Mary Law School’s Center for Legal and Court Technology. Ott has been published several times for his work on the intersections of copyright law and technology.

Kevin Lumpkin

Kevin Lumpkin joined Sheehey Furlong & Behm in November 2013 and is a principal of the firm. Kevin is an experienced litigator in the practice areas of complex commercial litigation, medical malpractice defense, consumer protection defense, trade secrets and employee mobility litigation, professional regulatory defense, land use litigation, and other areas of civil litigation. He is both a trial and appellate litigator. He has participated in numerous jury and bench trials and regularly appears before the Vermont Supreme Court. Kevin’s practice is focused primarily on civil litigation, serving both businesses and individuals. He practices in both state and federal court, as well as before various State agencies and boards. Kevin also regularly serves as local counsel for national law firms, providing guidance and strategic advice regarding local procedures and customs. Kevin also represents physicians, nurses, and other licensees before the Office of Professional Regulation. Prior to joining Sheehey, Kevin served as a law clerk for the Vermont Superior Courts in Bennington, Addison, and Chittenden Counties.

Chief Justice Paul Reiber

Justice Reiber of Chittenden, Vermont, was born in Pittsburgh, Pennsylvania, on June 20,1947, and became a resident of Vermont in 1976. He graduated from Hampden-Sydney College in Virginia (BA, 1970) and Suffolk Law School in Boston (JD, 1974). He is married to the former Sandra Sherburne, and they have two daughters. Justice Reiber served in the private practice of law in Rutland and as a partner in the law firm Kenlan, Schweibert & Facey from 1986 until his appointment as an associate justice by Governor James Douglas in October 2003. He was sworn in as chief justice of the Vermont Supreme Court by Governor Douglas on December 17, 2004.

David Schenck

Presiding Judge David J. Schenck comes to the Court having served previously as a Justice on the Fifth Court of Appeals at Dallas, Chair of the Texas State Commission on Judicial Conduct, and Deputy Attorney General for Legal Counsel. He practiced appellate law in Dallas and Washington, D.C, and is a member of the American Law Institute. He attended Baylor Law School where he graduated as valedictorian and served as editor-in-chief of the law review. Following graduation, he served as a law clerk to Chief Judge Henry A. Politz of the U.S. Court of Appeals for the Fifth Circuit. He is married to Natalia Schenck and they have two children: Margaret (12) and John (14). Judge Schenk has longstanding family ties to and great affection for Vermont.

Rodney Smolla

Rod Smolla is President of Vermont Law and Graduate School. Prior to coming to Vermont he has taught at 12 law schools, served as dean at three law schools, and been a university president. He is an active scholar, author or editor of over 17 books and 100 articles. He is also an active litigator, having presented argument in state and federal courts across the nation, including the United States Supreme Court. He recently argued the First Amendment and defamation law issues on behalf of Dominion Voting in its landmark suit against Fox News.

Eleanor Spottswood

Eleanor (Ella) Spottswood is a senior staff attorney in the litigation department at Planned Parenthood Federation of America, where she advocates to protect and expand reproductive freedoms nationwide. She recently won a preliminary injunction that allowed abortion access to resume in Missouri for the first time since Dobbs. Prior to working for Planned Parenthood, Ms. Spottswood served as the Solicitor General for Vermont, focusing on appeals and constitutional litigation. She also served for six years as the Chair of the Vermont Judicial Nominating Board. Ms. Spottswood graduated with high honors from Harvard University and earned her law degree from New York University School of Law, where she served on the board of the Law Review. After law school, she clerked for Justice John Dooley of the Vermont Supreme Court and Judge Berle Schiller of the U.S. District Court for the Eastern District of Pennsylvania. She lives with her wife and dog in Burlington.

David Stein

David Stein is an assistant professor of law and computer science at Northeastern University, where he studies the interplay between emerging technologies and legal institutions. Previously, he was the Frank J. Guarini Scholar of Global Law and Technology at NYU Law, where he taught a course on the regulation of global technologies. He's also a Vermont native, an avid snowboarder, and a mediocre (but enthusiastic) pianist. Stein’s research has appeared in venues including the Wisconsin Law Review, the Journal of Spacecraft and Rockets, Santa Clara High Tech Law Journal and Intelligent Robots and Systems, and he is the named inventor on seven patented digital identity and database management technologies. Before entering the academy he spent a decade in the tech industry, including roles as an early software engineer at Dropbox, director of product engineering at Braze, and cybersecurity lead for Google’s smart city initiatives. He holds a J.D. from NYU Law and an M.Eng. and S.B. from MIT.

Alastair Stout

Alastair Stout is an award-winning composer and organist. His music spans almost every genre, from solo instrumental music to works for large symphony orchestra. In 2001 he completed an 80-minute chamber opera, Releasing the Sky, based on the final flight of the Russian Astronaut, Vladimir Komarov. Alastair had his first solo organ work published at the age of 15, and has had his music performed by ensembles and soloists throughout Europe, Australasia, North America and Mexico. His music has been broadcast on BBC radio, and is available on CD, iTunes, YouTube and SoundCloud. A selection of his choral and organ works are published by Paraclete Press. Alastair studied organ under Dr. John Birch at the Temple Church in London, UK. He has given recitals throughout the UK, USA and Mexico, and recorded for the BBC. He has commissioned and premiered new music by Gwyneth Walker, Arthur Wills, Jonathan Cole and Roger Zahab. Alastair graduated from the Royal College of Music with First Class Honors in 1997. He continued his studies at the Guildhall School of Music and Drama and at Royal Holloway, University of London, where he graduated with a PhD in Composition in 2002. He spent his early years on the Shetland Islands, UK, and now lives in Vermont. Alastair is Director of Music Ministries at Grace Congregational UCC in Rutland. He directs the resident choirs, is Artistic Director of the Rutland Area Chorus and Festival Orchestra, and curates the Grace Church bi-annual Composition Competition.

Chief Judge Jeffrey Sutton

Jeffrey S. Sutton is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.

Hon. Mary Miles Teachout (Ret.)

Mary Miles Teachout received a Bachelor of Arts degree in literature from Harvard and Radcliffe Colleges in 1968 after having studied an additional year at the University of Sussex in England. She received a Juris Doctor degree in 1975 after law studies at the University of Washington and Harvard Law School. For the next few years, she was a lawyer and partner in a law firm in Norwich and also a Research Associate at the International Tax Program at Harvard Law School. After 17 years in private practice, she was appointed to the Superior Court bench and served as a trial court judge for 29 years. She has stepped down from full time on the bench but continues to sit on cases by special assignment.

Associate Justice Nancy Waples

Justice Waples is the first person of color and only the fifth woman to serve on Vermont’s highest court. Prior to her elevation to the Supreme Court, she served for seven years as a trial judge in Vermont’s Superior Courts. Before her judicial appointments, Justice Waples was in private practice as a criminal defense attorney in both the state and federal courts in Vermont. She served by appointment from the Second Circuit Court of Appeals as the Criminal Justice Act Representative for the District of Vermont where she was the liaison between Vermont’s federal courts and the panel of private attorneys who provided legal services to the indigent in federal criminal cases. She has also served as an Assistant United States Attorney in the District of Vermont in the Criminal Division and as an Assistant District Attorney in the Manhattan District Attorney’s Office in New York City in both the Appeals and Trial Divisions. Justice Waples graduated from the College of William and Mary and earned her law degree from St. John’s University School of Law.

Hon. Thomas Zonay

Judge Thomas A. Zonay is the Chief Superior Judge for the State of Vermont. He was appointed to the bench by Governor James Douglas in 2007 and appointed as Chief Judge in 2021. Prior to his appointment to the bench, he was an attorney in private practice and before that he was a police officer in Woodstock, VT. Judge Zonay received a bachelor’s degree in Food Industry from Delaware Valley College and a Juris Doctor from Vermont Law School. Judge Zonay has served on the Vt Criminal Rules Committee (Chair), Vt Public Access to Court records Committee (Chair), Vt Judiciary Advisory Council (Chair of Budget Committee), Vt Judicial Conduct Board, New England RJOI Committee (Co-chair Education Committee), the Vt Racial Disparities Advisory Panel, and the H. 533 Forfeiture Working Group. He has served on the Vermont Bar Association Board of Managers (President, 2005); was a director of the Vt Bar Foundation; and is past president of NEBA. He is currently a member, and past president of, the Vt Trial Judge’s Association. At the time of his appointment to the bench, Judge Zonay was Chair of the Vt Human Rights Commission and had previously served on other judicial and community boards and committees. He is also a U.S.C.G. licensed Master Captain. Judge Zonay is an alumnus of the National Judicial College, joined its faculty in 2012. He is currently serving his third term on the NJC Faculty Council as an at-large member and served as the Chair in 2022.

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