In re Foy

Supreme Court of Vermont

In re Foy

518 A.2d 372, 147 Vt. 648, 1986 Vt. LEXIS 429

CourtSupreme Court of Vermont

DecidedOctober 10, 1986

DocketNo. 86-036

StatusPublished

This text of 518 A.2d 372 (In re Foy) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Foy, 518 A.2d 372, 147 Vt. 648, 1986 Vt. LEXIS 429 (Vt. 1986).

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Opinion

At all times material hereto, the law required that a superior court should consist of one presiding judge and two assistant judges, if available, and that if two assistant judges were not available, the court should consist of one presiding judge and one assistant judge, if available. 4 V.S.A. § 111(a) (subsequently amended; now see 4 V.S.A. § 112(c)).

Both the record and the findings of the presiding judge at the sentencing proceeding are inadequate to explain the absence of Assistant Judge Donoghue, see 4 V.S.A. § 119, and/or Assistant Judge Delaney, who succeeded Judge Donoghue in office; thus, the jurisdiction of the superior court, consisting solely of the presiding judge, was not established. See Behn v. Northeast Appraisal Co., 145 Vt. 101, 107, 483 A.2d 604, 608 (1984); Suitor v. Suitor, 137 Vt. 110, 111, 400 A.2d 999, 1000 (1979).

Reversed and remanded.

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At all times material hereto, the law required that a superior court should consist of one presiding judge and two assistant judges, if available, and that if two assistant judges were not available, the court should consist of one presiding judge and one assistant judge, if available. 4 V.S.A. § 111(a) (subsequently amended; now see 4 V.S.A. § 112(c)).

Both the record and the findings of the presiding judge at the sentencing proceeding are inadequate to explain the absence of Assistant Judge Donoghue, see 4 V.S.A. § 119, and/or Assistant Judge Delaney, who succeeded Judge Donoghue in office; thus, the jurisdiction of the superior court, consisting solely of the presiding judge, was not established. See Behn v. Northeast Appraisal Co., 145 Vt. 101, 107, 483 A.2d 604, 608 (1984); Suitor v. Suitor, 137 Vt. 110, 111, 400 A.2d 999, 1000 (1979).

Reversed and remanded.

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Bluebook (online)

518 A.2d 372, 147 Vt. 648, 1986 Vt. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-foy-vt-1986.

Opinion

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