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  Vermont Judge Faces High Praise, Harsh Criticism

Associated Press, carried in Times Argus [Vermont]
February 13, 2007

http://www.timesargus.com/apps/pbcs.dll/article?AID=/20070213/NEWS02/702130333/1003/NEWS02

Montpelier — A judge best known for presiding over lawsuits accusing Roman Catholic Diocese priests of sexual abuse is winning both strong praise and stinging criticism as he seeks reappointment to another six-year term.

Judge Ben Joseph has a reputation for prodding suspects to accept plea bargains and of closely watching over cases to keep the court docket moving. Now, some of the people who have appeared before him are passing judgment on his performance.

Judges need to win approval of a joint session of the House and Senate every six years to retain their posts. A joint committee that recommends whether to retain the judges has begun taking evidence on the bid by Joseph and six other judges to keep their jobs.

The file for Joseph, 64, who was appointed in 1998, contains 47 pages of handwritten critiques from lawyers, as well as a statistical breakdown of his performance based on a survey of legal professionals. Joseph currently presides over District Court in St. Albans and Superior Court in Chittenden County.

Lawmakers rarely turn a judge out of office, but the process gives the legislative branch and those who work in courtrooms an opportunity to review how well a judge is performing.

Joseph is a polarizing figure. "In my humble opinion, 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!" says one handwritten entry.

"Judge Joseph sees the world as black and white," another lawyer wrote. "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 comments are kept anonymous because lawyers likely will have to appear before the judge again, said Sen. John Campbell, D-Windsor, chairman of the joint committee.

The committee will hold a public hearing Thursday on the judges' reappointment. The full Legislature votes in March.

Joseph oversaw 16 homicide cases while he was assigned to District Court in Burlington. He was rotated to St. Albans last year, where he's presided over 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.

He's gotten the most attention presiding over two dozen lawsuits alleging abuse by Catholic priests. Attorneys for the diocese have sought several times to have Joseph thrown off the case, but they've been rebuffed.

 
 

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