New & Noteworthy...

New Essex County Sheriff Begins On Rough Waters

New Essex County Sheriff Steve Gadapee takes office today, but things are already off to a rough start for him.

On behalf of Gadapee, attorney David Sleigh is requesting the Essex Superior Court prohibit two Essex County assistant judges from "further interference" in Gadapee's ability to manage his office.

The injunction request has not officially been filed with the court, but Sleigh's documents say that Hon. Allen Hodgdon and Hon. Calvin Colby hired two individuals -- a secretary and a bookkeeper -- to work within the sheriff's department. It is the opinion of Gadapee and his attorney that this responsibility should have been left up to the sheriff.

"The assistant judges' view of their authority is erroneous and not supported by law," the proposed injunction states. "Their effort to deprive the sheriff-elect from hiring his own staff causes immediate and irreparable harm by interfering with the sheriff's ability to adequately fulfill his obligation to the citizens of Essex County."

However, a Jan. 15 letter to Gadapee from attorney Eric Benson, who is representing Hodgdon and Colby, says Vermont law places mandatory responsibility upon the county to "provide reasonable secretarial assistance and bookkeeping assistance" to the sheriff's department.

In a Jan. 23 letter to Benson, Sleigh wrote that Gadapee will hire his own employees and that "neither of the employees the assistant judges have hired are presently acceptable."

In a reply letter, Benson wrote that Gadapee's cooperation in this situation was expected and required by law.

"Simply stated," Benson wrote, "the assistant judges have sole authority to hire the bookkeeper and secretary for the sheriff's department."

As outlined by Vermont law, the duties of an assistant judge are not only judicial in scope, but also include legislative and administrative functions.

Bill Kennedy, assistant judge for Caledonia County, said, in short, assistant judges are fact finders for civil matters in superior court. They act much like a jury, but only for non-jury trials. They are not required to have any legal training.

Kennedy said there are 28 assistant judges throughout the state, two in each of Vermont's 14 counties. Like the sheriff, they are elected to four-year terms.

In their administrative capacity, assistant judges are the chief financial officers of the state's county system of government. Among other duties, they prepare a budget for the general administration of the superior and probate courts and for such items as the maintenance of the county courthouse and the running of the county sheriff's department.