PECK v. DOUGLAS

No. 86-494.

530 A.2d 551 (1987)

Louis P. PECK, Associate Justice v. James H. DOUGLAS, Secretary of State; Judicial Nominating Board; and Madeleine M. Kunin, Governor.

Supreme Court of Vermont.

Reargument Denied May 21, 1987.


Attorney(s) appearing for the Case

Paul, Frank & Collins, Inc., Burlington, for plaintiff-appellee.

Jeffrey L. Amestoy, Atty. Gen., and William E. Griffin, Chief Asst. Atty. Gen., Montpelier, for defendants-appellants.

Janet Ancel, Montpelier, for amicus curiae Joint Committee on Judicial Retention.

Before BARNEY, C.J. (Ret.), KEYSER and UNDERWOOD, JJ. (Ret.) and COSTELLO and SPRINGER, District Judges (Ret.), Specially Assigned.


PER CURIAM.

This is a declaratory judgment action challenging the constitutionality of the present statutory provisions for appointment and legislative election of justices of the Supreme Court. Briefly put, this litigation calls into question the legality of requiring justices, who assume office as successors to justices who leave the bench prior to the end of their term, to serve out the unexpired term of their predecessor rather than be appointed to an initial...

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