Life, Law, and Politics in the Northeast Kingdom

Yesterday, December 7, at approximately 10:20 am, I stood before the five Justices of the Vermont Supreme Court, raised my right hand and took an oath to support, protect and defend the United States and Vermont Constitutions.

It was a heady moment for me and the other 50 new attorneys taking that oath. I think it will take a few days for the reality to sink in: after four years of study, apprenticeship and other forms of agony, I now have a license to practice law in the most civilized state in the union!

That morning, the would-be attorneys gathered in the basement of the Vermont Supreme Court building to register, receive our licenses and certificates, and get organized. As the time approached, we were asked to line up alphabetically–it was a testament to our nerves, I suspect, that in spite of all our fancy educations, it proved strangely difficult to accomplish that basic task.

Then, a hush fell over us as we walked upstairs to the historic court room. (I ended up with the best seat in the house–right in the front row–as I was last alphabetically, but we had come in reverse order!)

The court room was packed, to standing room only, with the family and friends of those taking the oath. In one corner was Edward, my mom, and friends from my little town of Guildhall. In another corner were a couple of my Act 250 colleagues. Among the crowd in the third corner was the fantastic criminal defense attorney David Williams, my mentor and colleague over the last three years with his wife Karen Andresen.

I couldn’t help but get a shiver down my spine when I took the oath to protect and defend the Constitution. And I couldn’t help but reflect on other interesting matters. For example, directly before me was Marilyn Skoglund, a Vermont Supreme Court justice who took the same path to the practice of law as I have: she did the Vermont Four Year Clerkship! (I am the only person sworn in yesterday who is a clerkship graduate!)

Even more interesting, and frankly moving, was the presence of the Court’s newest Associate Justice, the Honorable Beth Robinson. Justice Robinson has a long history as a tireless activist for civil unions and marriage equality in Vermont. When Governor Peter Shumlin took office last year, he appointed Beth Robinson as Governor’s Counsel, and this year, when Justice Denise Johnson retired, Shumlin took the fabulous and historic step of appointing Robinson to the Supreme Court. Just a week earlier, in this same room, she had been sworn in to the Court. And there she was, sitting before me. (Later, in the anteroom reception, we had a chance to talk briefly.)

From there, we moved on to a celebratory lunch, with champagne at NECI on Main. I’m grateful for all the friends and family who were there with me today.

Yay!

This was an important practical and symbolic step in the direction of taking back our School Board and making it accountable.

I am very proud of the work that so many people did in preparation for this meeting. Some of us wrote letters to the editor. Others assembled a mailing. Others coordinated taking an ad out in the local paper. Most important, numerous residents made extraordinary effort to talk to their neighbors and fellow citizens personally about the issues at stake and to emphasize the importance of voting. (I see it as grass roots local politics at its best)

I’m extremely proud of our School Board chair, Sharal Plumley, who courageously stood up and said that in good conscience, she could not support a program that allowed some families to get their tuition subsidized, when so many other families over the years have had to pay out of their own pockets.

I’m proud of Lindsay King, my neighbor, who took the floor and recounted how he had been a special needs child and that the school had tried to get his parents to pay for him to go to another school and asked why now one family expects–and receives–a subsidy.

I’m proud of Roger Brisson, who described to the assembly how he had been a gifted and talented child, but that his parents took responsibility for paying to send him to a different school to meet his gifted and talented needs. I’m proud of Lori Cantin, who pointed out that the Guildhall Elementary School has the resources, talent and ability to meet program needs right here at home.

And I’m appreciative of Teri Anderson, who had the wisdom and the insight to know when there had been enough debate, and took action to call the question and vote.

All those who spoke in favor of rescission were well-spoken, civil and respectful. There were no personal attacks by those of us opposed to the gifted and talented article. This civility and respect shows that the recent community outrage about the gifted and talented “entitlement” is no personal vendetta, but rather a deep-seated belief that programs supported by taxpayer funds should be implemented fairly, according to one consistent set of rules for everyone, with no special treatment for anyone.

Finally, I believe the vote demonstrates that most taxpayers and citizens are unwilling to tolerate local officials who use their office to seek personal gain.

Congratulations to everyone. Well done.

There’s an Open House at the Guildhall Elementary School tomorrow night, October 20, from 6-7pm. We’ve got a great school, with high performing students and dedicated teachers! Come check them out!

I seem to have a lot of readers following my blog at this point because of my posts about our Guildhall School Board controversy. No wonder–recent events raise important questions about fairness, accountability, conflict of interest, tuition policy, and whether parents or taxpayers should foot the bill for it when families want their kids to go elsewhere.

So, I invite any and all of my readers to submit a Guest Blog post on this topic. Whether you agree or disagree with me. As long as the post is reasonably coherent and not abusive or anything like that, I’ll publish it! (Oh, and you’ll have to provide your full name.) You can call me at 802-676-3967 or email me at ellewilson dot wildblue dot net to get me your letter.

[Disclaimer: there will be no discussion in this or any other post about specific questions or essay topics that have appeared on any Vermont Bar Exam. Although I can barely remember them, anyway!]

In July of this year, I sat for the Vermont Bar Exam in Montpelier. This past Friday, I got my letter in the mail: I passed!

This is the culmination of four years of apprenticeship and study, about five months of intensive bar review and preparation, three grueling days of exams (including the Multistate Professional Responsibility Exam), and worst of all, two torturous months of limbo as I waited for my results.

I haven’t wanted to discuss the whole bar exam experience until now, because I was stressed out and frankly had gone into a surreal sort of denial. There were some days when I literally did my best to pretend that the test had never happened. But it did happen and I passed! Congratulations to all the other examinees, too! (The Vermont Board of Bar Examiners has released the official pass list here here, see Results of the July 2011 Bar Examination)

I’m an unusual bar examinee. Vermont is one of a handful of states that allows me to practice law without going to law school proper. Here in Vermont, the Board of Bar Examiners administers, as an alternative, a law office clerkship option. The program requires that the “student” study and work with a practicing lawyer or judge for four years. During that time, the applicant must submit written reports at six-month intervals. For more information on eligibility and requirements for Vermont’s unique clerkship option, visit the Vermont Judiciary’s website.
There are lawyers all over Vermont who have gone this route, from private attorneys to public defenders, prosecutors and judges. Amy Davenport, Vermont’s Chief Administrative Judge for the Trial Courts, got her education this way. The law clerkship option is even represented on the Vermont Supreme Court. Marilyn Skoglund, Supreme Court Justice, is a clerkship graduate.

There are substantial advantages to the clerkship option. By working with a practicing attorney for four years, clerkship students get unprecedented exposure to the hard realities of law practice.

After a short stint in a Vermont State’s Attorney’s office, I had the incredibly good fortune to do my remaining three and a half years as a law clerk at the extraordinary Sleigh & Williams, a criminal defense and civil rights’ firm in St Johnsbury.

I drafted (with review and approval by supervising attorneys), more complaints than I can now count, including one that had a major impact on changing Vermont’s new sex offender legislation. I also drafted just about every conceivable kind of pleading and/or brief in numerous venues, including Vermont Superior and District Courts, the Vermont’s Workers’ Compensation Commission, the Vermont Supreme Court, the U.S. District Court for Vermont, and the 2nd Circuit Court of Appeals. I became adept at legal research. I interviewed clients and learned how to review medical records. I helped draft deposition questions. I assisted at mediations. I assisted during numerous jury selections, assisted and observed at nine criminal trials, and drafted defense counsel’s jury instructions. I did mitigation research and interviews for sentencing hearings. When I became eligible to practice as a supervised intern under the Rules, I represented my own clients and appeared at arraignments, status conferences and calendar calls. I argued bail motions and I negotiated with prosecutors. (And in the meantime, I studied my brains out, doing my best to stick to a curriculum I designed for myself, with suggestions from the Board of Bar Examiners.)

No law school graduate, whether from Harvard or Vermont Law, finishes her education with that kind of experience.

When I’m admitted later this fall, I’ll start my career with no debt. In stark contrast, the average law school graduate ends up owing $100K in student loans. Recently, the New York Times reported at considerable length on the consequences of this crushing debt burden for aspiring lawyers. In the midst of all the current debate about the viability of a law school education, it’s genuinely remarkable that almost no one is talking about the clerkship programs.

I kept track of how much I spent on my education during the four years of my clerkship, and it amounted to about $8,000. Total. That included gas for mileage, a dedicated “law” laptop computer, lots of books, the costs of two bar review courses, and the fees associated with application for admission and examinations.

My freedom from law education debt allows me a significant measure of flexibility in my choice of jobs and practice. Of course, the clerkship option limits me, as well. Most other states won’t allow me to even take their bar exams unless I’ve attended law school (so it’s a good thing I love Vermont and plan to stay here!)

There are some drawbacks to the clerkship and it may not be for everyone. There were times when I badly wished that I had a group of fellow law students to keep me company while I studied. Moreover, in order to be successful doing the clerkship, you need to be disciplined, ie: have the ability to structure your own course of study. Most of the time, I did that reasonably well, but it wasn’t always easy.

However, in the end, for me, the positive aspects of the law office clerkship outweighed the negatives. I’m just very proud and glad to have gotten through it!

I’ll post more on the bar exam experience itself later….

I won second prize at the apple pie contest today! Yay!

Here is the recipe. Apple Pie with Cheddar Cheese Crust

It was so much fun. My first pie prize! Many thanks to Susan McVetty for recommending and giving me the best apples from her orchard, and to Karen, Lj Holland’s friend, who gave me some tips on the cheddar cheese crust.

As you all know, I welcome comments on my blog. In fact, that’s part of its purpose, to generate dialogue and debate about local politics. Barring abuse or truly bad language, my policy is to approve all comments, in the interest of dialogue and debate. However, I now have added another small criteria for having blog comments approved: you must identify yourself with your full name. I am frankly not interested in anonymous debates, and moreover, I firmly believe that people with something to say should be able to stand behind their opinions (apart, of course, from the secrecy of the ballot box.) So comment and/or disagree away but let me know your name!

Okay, the pie contest didn’t take place in Vermont’s Northeast Kingdom. It was across the river at the Lancaster Fair in New Hampshire. But close enough. People in Guildhall and most of Essex County, especially the river towns, consider the Lancaster Fair to be their own local agricultural fair.

I’ve never entered a piemaking contest before this. So I was excited, whatever the outcome. I started by making the crust this morning at 7am so it could chill properly.

My pie was a Pear, Walnut and Fig. Here is the Pear, Fig and Walnut Pie recipe, if you’re interested. It’s adapted from a Martha Stewart recipe.

There were 15 pies in competition and four winners. In fourth place was a Blueberry Cream Cheese Pie. In third place was a Caramel Pecan Cheesecake Pie. In second place was a Strawberry Rhubarb Pie. In first place, was a glorious-looking Apple Blackberry Pie.

I didn’t win or even place, but it was fun anyway…