Side Judges Promise Change
In Orange County Budget
By Cornelia Cesari

Will the final proposed budget for Orange County that will be presented at a Jan. 8 hearing be changed from the one that provoked a storm of criticism at a preliminary hearing on Nov. 30?

"Yes, it will absolutely be different," responded one of the two side judges, Maurice "Mo" Brown told The Herald in an interview this week. "The people have spoken and you have to take this into consideration," he said.

In particular, Brown doesn’t agree with some of the benefits granted to the two side judges, Brown and Prudence Pease, which came in for particular criticism at the preliminary hearing.

"The retirement is an issue, he said (side judges are given 26% of their salaries to set aside for retirement, with no contribution of their own). And so is the 100% provision of health insurance.

"Employees should participate in that," he said. For Prudence and me, that’s not a lot of money. For the deputy clerks, it’s more."

In reaction to receiving payment in addition to 100% health insurance reimbursement, bringing all employees’ benefits up to $510 per month, Brown said, "That is not ethical and I don’t think it’s even legal."

In a separate interview, Judge Pease also said she believes that the final budget presented Jan. 8 will reflect some changes. The health insurance line item will come down, she predicted, and there will be some additions to the sheriff’s budget. The facility coordinator’s salary, Pease declared, should be split between the county and sheriff’s department budgets, since the position is split between those two facilities.

"What I heard clearly from those in attendance at the meeting was that insurance benefits should be for 40-hour employees only," Pease said. "I think that’s reasonable. Can I change that policy? I am not averse to it."

Reports from the courts this week, however, were that Pease now means to cut the health benefits of assistant clerks, who work 32 hours a week.

Judge Brown and Judge Pease were scheduled to meet today (Thursday) to prepare the final budget.

New Budget Drafted

Immediately after the preliminary budget hearing on Nov. 29, Pease was out of town for a week. During that time, and Judge Brown spent many hours working on revising the budget, with the helpl of Superior Court Clerk Emily Newman. Brown, who was appointed just this summer, had not had much input on the first proposed budget, which was prepared by Judge Pease. He said he learned a great deal from Newman’s input.

Brown said he was concerned that Newman was not consulted during the creation of the preliminary budget.

"Her knowledge of day-to-day problems and the history of the courthouse is essential to the smooth operation of the court and the proper maintenance of this fine, old building," he said.

Pease Pleased

Judge Pease, for her part, said she was pleased with the turnout at the preliminary Orange County budget meeting, noting that she has encouraged input in the past.

The big turnout of about 30 citizens Nov. 30, however, was vocally critical of the proposed budget, which was written by Judge Pease, who finished it just moments before the meeting. (In the interview, however, she claimed that "I don’t think I ever make a decision on my own.")

About the meeting, Pease reflected, "I felt like some of [the criticism] was directed at me, but I think the budget is reasonable; I think my salary is reasonable."

Judge Pease said she "sensed stress" among those in attendance at the meeting over the way her salary was calculated, and thought their perception was that she was "part of the process." As she had during the meeting, she pointed out that the Vermont Association of County Judges developed the guideline that 3% of the county budget should be the amount to be split between the two side judges.

"When I’m given ‘best practice’ guidelines, I adhere to them," she said.

Judge Brown also said he did not think the salaries are too high, though they increased fro $6000 to $19,000 apiece since 2004-5.

Judge Brown noted that when asked to serve in the position of Orange County Side Judge, he felt well-qualified, with a strong business background. However, he noted, he came into office prepared to defer to Judge Pease until he fully understood the position.

Brown has truly found the job to be quite a responsibility. "This summer I put up a garage." He laughed, "Many days I was called down off my ladder three or four times to go deal with something at the courthouse."

"But it’s fine. When you’re brought into this kind of position, you’re paid for the responsibility you bring to the organization. That’s a 24/7 thing. You’re not paid by the hour.

"The position of side judge was not intended to be strictly community service," he said in defending the salaries in the budget. "That’s a component of it, though."

Brown estimates 99% of side judges are retired or have another main source of income. "Judge Pease is making a career of it, so we look at things differently."

Pease was hesitant to use the term "career," but asserted, "I am dedicated and work very hard at my job.

"I felt a sentiment at the meeting that I’m only employed 12 hours a week but I actually work more than forty," she said.

Since November 2006, she has been taking on the "expanded jurisdiction" duties of an assistant judge, presiding alone over cases in traffic court, small claims, and uncontested divorces.

However, these are not part of the duties for which she is paid by her county salary. When serving in this capacity, as when sitting on the bench during Superior or Family Court, the side judges are paid by the state.

Pease asserted that she did not request health insurance benefits from the county until Nov. 2006, when she began working full time—part time for the county and part time for the state.

"The reason the Orange County budget is so high," Pease also declared in the interview, "is really because of the sheriff’s department’s budget." Citing popular support for that department, however, she said is backtracking on a $2000 cut she had made in the sheriff’s budget.

Judge Brown noted that he has been surprised and somewhat baffled by the county budget process, and has read and reread Vermont Statutes Title 24 to be certain.

"I’ve never seen a job with this level of responsibility but without accountability and no job description!" he declared.

Pease said she was not perturbed by the lack of statutory review for the county budget.

"The checks and balances are in the election process," she said..