Turner v. Shumlin

Petitioners Representative Donald Turner, Jr. and Senator Joseph Benning, sought to enjoin respondent Governor Peter Shumlin (whose last day in office was January 5, 2017), from appointing a successor to the office held by Associate Justice John Dooley, whose term was set to expire April 1, 2017. Justice Dooley did not file a declaration with the Office of the Secretary of State indicating that he would seek retention for another term beyond March 31, 2017, the last day of his then-current six-year term. On December 21, 2016, Representative Turner filed a petition for quo warranto contesting the Governor's authority to appoint Justice Dooley's successor, asserting that although the Vermont Constitution authorized the Governor to fill a vacancy on the Court, no vacancy would exist until Justice Dooley left office nearly three months after Governor Shumlin left his office. The Supreme Court concluded that the Vermont Constitution did not authorize the Governor to appoint an Associate Justice in anticipation of a vacancy that was not expected to occur until the expiration of the justice's term of office, which would occur months after the Governor left office. "In so holding, we emphasize that our decision today rests entirely upon the meaning and purpose of the Vermont Constitution. We reach our decision having in mind the overarching principles of our democracy: the integrity of our governing institutions and the people's confidence in them. The particular identity of the parties or potential nominees to the Office of Associate Justice have no bearing on our decision. Our sole responsibility in this, as in any, case is to apply the law evenhandedly, regardless of the identity of the litigants, the sensitivity of the issues, or the passing political interests of the moment." View "Turner v. Shumlin" on Justia Law