May a Vermont assistant judge work for and direct an EMT rescue squad?

Plain-English summary

An assistant judge who worked as an emergency medical technician asked whether board service with the rescue squad could continue during judicial service. The Committee answered yes on the stated facts.

The Code classed assistant judges as continuing part-time judges. The Committee said that under Application (B), such judges were not required to comply with Rule 3.11(B)'s restriction on serving as a business director or employee. That exception supported continued EMT employment and board membership.

The Committee cautioned that Rule 1.2 still required conduct promoting public confidence in judicial independence, integrity, and impartiality. Rule 2.1 required judicial duties to take precedence over rescue squad work.

In practice

The opinion's permission turns on the inquirer's status as an assistant judge under the Code's continuing part-time judge exception. It preserves the separate obligations to prioritize judicial work and maintain public confidence.

Common questions

Q: May the assistant judge remain an EMT with the rescue squad?

A: Yes. The Committee permitted the described continuing part-time judge to continue EMT work.

Q: May the judge remain on the squad's board?

A: Yes. Application (B) exempts continuing part-time judges from Rule 3.11(B)'s business-director restriction, according to the opinion.

Q: Which duties remain despite that exception?

A: Rules 1.2 and 2.1 still require public confidence in judicial integrity and precedence of judicial duties.

Background and rules framework

The opinion applies the Vermont Code of Judicial Conduct 2019. Its Terminology and Application (B) provisions classify assistant judges as continuing part-time judges and exempt them from specified restrictions, including Rules 3.4 and 3.11(B). The Committee separately applies Rules 1.2 and 2.1.

Citations and references

Vermont Code of Judicial Conduct:

• Terminology, “Continuing part-time judge”; Application (B)(1)(b); Rules 1.2, 2.1, 3.4, and 3.11(B).

Other opinions cited:

• Vermont Judicial Ethics Committee Opinion 25 (July 11, 2023), assistant judges as continuing part-time judges.

See also

• VT Judicial Ethics Opinion 34: Municipal EMT Service
• VT Judicial Ethics Opinion 2728-17: Executive Commission Service

Source

• Landing page: Vermont Judicial Ethics Committee
• Original PDF: Opinion 33
• Archived official PDF: reviewable 2025 capture

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Docusign Envelope ID: 18AC5753-0B28-4653-AAB6-42E65A233CA4

STATE OF VERMONT

JUDICIAL ETHICS COMMITTEE

Opinion No.: 33
Date: December 20, 2024
To: [name redacted in posted version pursuant to A.O. 35, ¶ 6]

The Committee has considered the matter you presented to it. The following is the

opinion of the Committee and a response to your inquiry pursuant to Administrative Order No. 35.

Question Presented

May a Vermont assistant judge who works as an emergency medical technician on a rescue squad continue to serve on the board of directors of that organization while serving as assistant judge?

Short Answer

Yes, the Committee believes that a Vermont assistant judge may both work for and serve on the board of directors of a rescue squad while acting as an assistant judge.

Relevant Provisions of Code of Judicial Conduct

The relevant provisions of the Vermont Code of Judicial Conduct 2019 (“the Code” or “V.C.J.C.”) include the following rules and guidance:

• Terminology: “Continuing part-time judge” means a judge who serves repeatedly
  on a part-time basis by election or under a continuing appointment. The term includes probate and assistant judges. See Application, section B.

• Application (B): CONTINUING PART-TIME JUDGE. A continuing part-time
  judge: (1) is not required to comply .. . (b) at any time with Rules 3.4 (Appointments to Governmental Positions)... and 3.11(B) (service as officer, director, or in other capacity in business entity.

Docusign Envelope ID: 18AC5753-0B28-4653-AAB6-42E65A233CA4

• Canon 1, Rule 1.2: A judge shall act at all times in a manner that promotes public
  confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

• Canon 2, Rule 2.1: The duties of judicial office, as prescribed by law, shall take
  precedence over all of a judge’s personal and extrajudicial activities.

• Canon 3, Rule 3.11(B): A judge shall not serve as an officer, director, manager,
  general partner, advisor, or employee of any business entity [except in limited circumstances]...

Analysis

As this Committee previously noted in Opinion 25 (July 11, 2023), an assistant judge is considered a “continuing part-time judge” in Vermont. V.C.J.C. Terminology. Continuing part-time judges are not required to comply at any time with Rule 3.11(B), the rule that prohibits a judge from serving as a director or employee of most business entities. V.C.J.C., Application (B)(1)(b); V.C.J.C. Rule 3.11(B). Therefore, an assistant judge may continue to serve as both an employee and director of a rescue squad while serving as assistant judge.

The Committee would caution that the assistant judge is still required to comply with Rule 1.2, which require that the judge “act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary.” In addition, the judge must ensure that the duties of the judicial office take precedence over the judge’s activities with the rescue squad.

Conclusion

It is the opinion of this Committee that a Vermont assistant judge may continue to serve as an EMT and a director of a rescue squad. However, the judge must ensure that their judicial duties take precedence and must act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary.

A odleruerl)

Eileen M. Blackwood, Esq., Chair

thas Za Chief Superior Muda

orabstesThomas A. Zonay

Signed by:

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ERR tte Dean Mahoney

Docusign Envelope ID: 18AC5753-0B28-4653-AAB6-42E65A233CA4

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Honorable Brian Valentine

Signed by:

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Eileen M. Blackwood, Esq., Chair

Honorable Thomas A. Zonay

Honorable James R. Dean Mahoney

Honorable Brian Valentine

Ian Carleton, Esq.