Judge Emerges As Polarizing Figure As Retention Looms, by Adam Silverman, Burlington Free Press [Vermont], February 12, 2007

Judge Emerges As Polarizing Figure As Retention Looms

By Adam Silverman
Burlington Free Press [Vermont]
February 12, 2007

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Montpelier -- He has prodded suspects to accept plea bargains, kept strict watch over cases moving through his courtroom and presided over contentious lawsuits involving allegations of sexual abuse against former priests and the state's Roman Catholic Diocese.

Now, Judge Ben Joseph is asking the Legislature to appoint him to another six-year term, and that has opened floodgates for lawyers to pass judgement on the judge. A thick file folder of feedback at the Statehouse in Montpelier shows that Joseph, 64, has become one of Vermont's most polarizing figures on the bench.

Judge Ben Joseph, seen in November in Vermont District Court in St. Ablans, is asking the Legislature to appoint him to another six-year term, which has opened floodgates for lawyers to pass judgment on the judge.
Photo by Alison Redlich, Free Press

Other judges: pro and con

In addition to Ben Joseph, five judges seeking retention have received positive and negative feedback from lawyers who are, by rule, anonymous when offering their opinions to the Joint Committee on Judicial Retention. Here's a taste:

Superior Court Judge William Cohen:

-- "A fantastic example of the proper judicial temperament."

-- "Jealous of his personal time."

District Court Judge James Crucitti:

-- "Inspires respect for the court system and the entire judiciary."

-- "I wish he would get a sense of humor."

Superior Court Judge Matthew Katz:

-- "A wise man."

-- "Quite full of himself."

Superior Court Judge Katherine Manley:

-- "An honest, fair, 'down-to-earth' judge."

-- "Rulings and decisions appear to have been the result of gender bias."

District Court Judge Patricia Zimmerman:

-- "Effective and unbiased."

-- "Routinely imposed $250,000 bail for out-of-state minority drug case defendants who were indigent."

Source: Documents on file with Joint Committee on Judicial Retention

Joseph's file includes a stack of 47 pages of handwritten critiques from lawyers who know and work with the judge, and a statistical breakdown of his performance based on a survey of legal professionals.

The feedback suggests Joseph faces little risk of watching the Legislature strip him of his black robe and gavel when lawmakers vote on retention later this session. What is clear, though, is that Joseph draws either high approval or harsh condemnation -- and little in between.

"In my humble opinion," wrote one lawyer in sloping cursive, "Judge Ben Joseph is one of our best trial judges. It would be a great loss to the judiciary were we to lose him. Please do the best to keep him on the bench!"

"Judge Joseph sees the world as black and white," another lawyer wrote in a page-long analysis. "He decides early and without apparent rationale or consistency that one side is good and the other bad. He then piles on on the party he sees as wearing the black hat."

The lawyers, by rule, are anonymous when evaluating jurists before whom they routinely practice. That allows frank comments and avoids the appearance of currying favor with praise or risking retribution with criticism, said Sen. John Campbell, D-Windsor, chairman of the Joint Committee on Judicial Retention.

Joseph, who presides at District Court in St. Albans and Superior Court in Chittenden County, is among six people seeking reappointment to the bench this year. A seventh recently was appointed to fill a judicial term that expires this year, so he too is technically required to seek retention, Campbell said.

A public hearing on the judges is scheduled for 6-9 p.m. Thursday at the state capitol. The full Legislature will vote in March on whether to retain the jurists.

High-profile career

A judge since 1998, Joseph has presided over high-profile cases throughout his career. He handled 16 homicide cases in criminal court in Chittenden County, and, since his transfer to Franklin County as part of a standard rotation last year, has overseen the guilty pleas of two suspects in a double murder in Montgomery and a third from a teenager who admitted a manslaughter charge arising from a hunting-related death.

But Joseph is perhaps best known for his handling in Chittenden Superior Court of more than two dozen lawsuits against the Roman Catholic Diocese of Burlington accusing former priests of sexual abuse. Diocesan attorneys have tried repeatedly to oust Joseph from the cases, claiming the judge is biased against the church, but Joseph and his supervisors have ruled against those efforts.

Despite the public controversy, the lawsuits generated only two brief remarks in Joseph's thick retention file.

Joseph mentions the cases in passing in written comments explaining his desire to stay on the bench, and one lawyer wrote of a "concern re: Judge Joseph's lack of bias in re: Diocese cases as reported in the press" but did not elaborate.

Themes emerge

Joseph received 20 written comments praising him, 15 that were critical and five that were either neutral or listed positive and negative attributes. From the pages several themes emerge. Among the concerns is a perception that Joseph makes up his mind too early in cases. Among the compliments are repeated words such as "helpful," "respectful" and "fair."

One lawyer scratched criticism in block letters: "He tends to pick a side in the litigation (not clear to me if it is systematic) and then stick with that side. All rulings favor whichever side he chooses (I have been both the beneficiary and the victim of this tendency)."

Another offered praise in dark, neat letters: "Judge Joseph's preparation is impeccable. He is straightforward and cuts through the crap, but does so compassionately. Definitely has a strong sense of justice/fairness. Very efficient in terms of both courtroom time and issuing decisions."

The survey of lawyers, which tabulated 185 responses, showed Joseph scored high marks in all categories: impartiality, judicial temperament, judicial management, legal ability and preparation, and integrity. His highest ratings in every category were either "very good" or "excellent."

For overall judicial performance, 32 percent rated Joseph "excellent," 24 percent said "very good," 16 percent said "good," 8 percent said "fair," and 4 percent said "poor." The remainder gave no response to the question.

In his comments, Joseph said he's proud of his work as a judge and cited accomplishments such as managing homicide cases by holding frequent hearings, working with law clerks on complicated cases, helping people who act as their own attorneys, and accepting invitations to speak about the judiciary.

"I want to do all that I can as a judge to maintain and strengthen our system of justice," Joseph wrote, quoting his retention application from his previous term. "I still feel the same way. I feel honored to be a judge."

Contact Adam Silverman at 660-1854 or asilverm@bfp.burlingtonfreepress.com