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Vermont courts continue to struggle to address pandemic-era backlog

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Vermont courts continue to struggle to address pandemic-era backlog


BURLINGTON, Vt. (WCAX) – The pandemic may be over but the Vermont Judiciary continues to struggle with a backlog of thousands of court cases, leaving victims and defendants stuck in legal limbo.

“In one way, you’re reliving it every time you have a hearing and then there’s also no closure,” said Missy Semprebon, who says she continues to relive the day her brother, David Auclair, was killed in Hinesburg.

Police say Auclair’s wife, Angela, did it, but her case is still going through the court process five years after the alleged murder. “I have not actually dealt with my grief at all. I am still focused on the results. I just keep going next step to next step, taking care of the people that are left behind,” Semprebon said.

Prompt case resolution is the goal, but a pandemic-era backlog on top of an existing backlog has created a bottleneck in the court system. The reopening of courthouses and a concerted effort to reduce the backlog have helped. Officials say the system is currently clearing 120 percent of the cases it takes on, meaning each month they are clearing more old cases than new ones, an improvement of 12 percent over the preceding year. Since December the overall backlog numbers have gone down in nearly all counties.

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“It’s been really difficult. Honestly, it’s been a real challenge,” said Windsor County State’s Attorney Ward Goodenough. “It’s taken, I would say, a general effort to address this and a lot of people working together to do that. And a lot of the times we’re talking about imperfect solutions, and sometimes making really tough calls on cases that we’ve had to resolve.”

Goodenough says prosecutors, defense lawyers, judges, and other partners have put in a lot of overtime to come to agreements on old cases. “We are lucky that we’ve been able to cut our backlog, but the efforts to do that have not been efforts that we will be able to maintain and sustain long term without, again, additional burnout,” he said.

There is statewide progress too, including in Rutland County, which used to have one largest backlogs. “I believe we are on track to resolving the backlog here. That gives me a lot of hope that the criminal justice system will be functioning the way it should in the near future,” said Rutland County State’s Attorney Ian Sullivan.

Nearly all judge vacancies were filled by Governor Scott last year. And the governor last week signed into law a measure that creates 30 new positions for the judiciary, which would allow for more jury draws.

“There’s been a big emphasis on scheduling as many jury draws and jury trials as possible. And that, particularly in the criminal docket, is where you see the most movement. When you have a jury draw scheduled, then you’ll see cases either go forward or settle,” said Vermont Court Administrator Teri Corsones.

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After multiple years of a frustratingly slow court system, defense attorney David Sleigh says he also sees the light at the end of the tunnel. But for people still stuck in the court system, he says it remains frustrating. “Even without adjudication, your life, opportunities are severely limited, let alone just the constant living with the anxiety that you may at some point, you know, face some significant consequences. So, I think, you know, it’s very real,” he said.

Sleigh says while progress is being made, the process is still far too slow. Missy Semprebon agrees. “One step at a time. There’s no magic pill that’s going to make everything better. It’s just, you know, that eventually you’re going to get to the conclusion and that’s why we just keep stepping forward,” she said.

And it’s not just the judges and lawyers dealing with the legal logjam, but victims advocates too. We’ve learned that each one of them in Vermont is juggling around 600 cases.



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Vermont

Vermont takes on 'Big Oil' with groundbreaking bill: 'The stakes are too high'

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Vermont takes on 'Big Oil' with groundbreaking bill: 'The stakes are too high'


Photo Credit: Getty Images

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Vermont will be the first state in the US to hold “Big Oil” accountable with a law requiring payment for damages from the effects of climate change, per a report by CBS News.

Taking on Big Oil 

The state’s Republican governor, Phil Scott, sent a letter to Vermont’s General Assembly clearing the way for the Climate Superfund Cost Recovery Program law (S.259) to pass without his signature. 

While he says he believes in the cause, Gov. Scott shared his reservations in the letter. He indicated that Vermont could have benefited from collaborating with other major players like New York and California instead of risking a stand on its own.

“Having said that,” Gov. Scott continued, “I understand the desire to seek funding to mitigate the effects of climate change that has hurt our state in so many ways.”

One Vermont state Representative, Martin LaLonde, released a reassuring statement of his own, clarifying that legal scholars vetted the bill and that they have a solid legal case. 

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“The stakes are too high — and the costs too steep for Vermonters — to release corporations that caused the mess from their obligation to help clean it up,” he said, per CBS News.

Major polluters should pay

The bill would require entities found to have spewed more than 2.2 trillion pounds of planet-warming gases between 1995 and 2024 to pay up, according to CBS News. Vermont would use that money to deal with the disastrous effects of an overheating planet. 

And the industry certainly has the money to pay. In 2022, the U.S. oil and gas industry’s total revenue was $332.9 billion, as Statista reported. While that’s staggering enough, it’s a massive uptick from the $211.2 billion it earned the previous year.  

The damage

The rise in global temperatures has led to various severe climate impacts, including more flooding, fires, droughts, and increasingly powerful storm systems. 

Big Oil is to blame for much of the damage, with the United Nations stating that the use of dirty fuels accounts for more than 75% of polluting gases. The National Oceanic and Atmospheric Administration has estimated that in 2023 alone, climate-related disasters caused $92.9 billion in damage across the U.S., and Vermont was not immune to this damage. 

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Looking forward

While federal efforts like the Inflation Reduction Act have created green incentives to help address the changing climate, the states must do their part. 

The Vermont Natural Resources Council expressed support for the Climate Superfund Cost Recovery Program, stating, “[It] represents a major step forward in ensuring that responsible parties, like Big Oil — companies like ExxonMobil and Shell that have known for decades that their products are disrupting the climate — be required to also pay a fair share of the cleanup costs.” 

Lawsuits are also underway, seeking to hold the dirty energy industry accountable for its actions. More are likely to follow. 

Join our free newsletter for cool news and actionable info that makes it easy to help yourself while helping the planet.


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MAP: Where Vermont school districts struggled to pass a budget

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MAP: Where Vermont school districts struggled to pass a budget


Vermont school districts struggled more than usual to convince voters to approve budgets this spring as they faced double-digit property tax increases.

The increase was estimated to be 18.5%, ultimately whittled down to 13.8%.

It all came to a head three months ago when Vermonters in nearly a third of the state’s school districts voted down their school budgets.

Two districts — Enosburgh Richford and Barre Unified Unified Union School District — still haven’t passed their budgets.

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Because Vermont’s education funding is statewide, individual budget cuts don’t translate into comparable savings for taxpayers, putting school districts in a bind.

“For every dollar we cut from the school budget, St. Johnsbury saves about 20 cents. The state keeps the rest and uses it to lower taxes in other towns,” said St. Johnsbury School Board Vice Chair Peter VanStraten in a letter to voters before a third (successful) budget vote. “This is not a vote on what is happening in Montpelier. Please keep that for November.”

Have questions, comments or tips? Send us a message. Or contact the reporter directly at corey.dockser@vermontpublic.org.





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Vermont man arrested in Bristol for stolen car and firearms possession

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Vermont man arrested in Bristol for stolen car and firearms possession


BRISTOL, CT (WFSB) – Connecticut State Police arrested a Vermont man for allegedly stealing a vehicle and possessing firearms on Thursday.

Connecticut State Police Troop H Dispatch received a report of a stolen vehicle from Vermont.

The vehicle was described as a white Ford F-550 truck with a car-carrier towing a GMC SUV.

Massachusetts State Police assisted in the investigation and informed Troop H that the stolen vehicle was last seen on I-91 near Windsor Locks.

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Troopers later spotted the described vehicle on I-91 around Exit 34 in Hartford.

The driver, identified as Shawn Carpenter, 47, of Hartford, Vermont, was taken into custody.

During the arrest, troopers discovered two handguns with ammunition and drug paraphernalia in Carpenter’s possession.

Carpenter underwent a Standardized Field Sobriety Test, which he failed.

He refused to provide any information regarding the firearms found.

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Upon contacting the registered owner of the stolen vehicle, they denied possessing the firearms and drug paraphernalia.

Carpenter faces multiple charges, including operating under the influence of drugs or alcohol, operating without a license, failure to maintain proper lane, two counts of illegal possession of a weapon in a motor vehicle, two counts of carrying a dangerous weapon, two counts of illegal carrying of a firearm while under the influence of drugs or alcohol, three counts of first-degree larceny, use of drug paraphernalia, and two counts of carrying a pistol without a permit.

He is currently held on a $150,000 bond and has been transferred to the Connecticut Department of Correction pending his scheduled arraignment at New Britain Superior Court.



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