The Vermont Supreme Court has voted 4-1 to issue an immediate interim suspension for the law license held by Addison County State’s Attorney Eva Vekos following her conviction for a driving while intoxicated arrest more than two years ago.

The majority opinion said Disciplinary Counsel Jon Alexander had successfully argued on March 19 during a special hearing that the DUI conviction was a “serious crime.”

The four justices noted that a serious crime was considered “any felony or lesser crime that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects …. (or) involves the interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft or any attempt, conspiracy, or solicitation of another to commit a ‘serious crime.’”

Chief Justice Paul L. Reiber, and Associate Justices Harold “Duke” Eaton Jr.,  Nancy J. Waples and Michael P. Drescher joined for the majority decision.  Drescher was approved for the high court on Feb. 3 after a 15-15 tie in the senate was broken by Lt. Gov. John Rodgers.

New Associate Justice Christina Nolan, who also was approved on a Vermont Senate vote, 23-7, on Feb. 3, was the lone dissenter.

“In my view Disciplinary Counsel has failed to make the requisite demonstration that respondent Eva P. Vekos’s first-time misdemeanor driving under the influence (DUI) conviction is a ‘serious crime’ as that term is uniquely defined by our Professional Responsibility Program Rules,” Nolan wrote.

She noted Alexander sat on the disciplinary case for 26 months after the arrest of Vekos in January 2024.  Nolan said she does not understand the big rush claimed by Alexander.

“The need to do so now is not evident,” said Nolan, a former U.S. Attorney in Vermont.  She questioned if Vekos will get a fair chance.

“Whatever the reasons for waiting, the majority’s decision will put the heaviest of thumbs on his side of the scale at any forthcoming merits hearing, if it is not outcome dispositive,” Nolan wrote.

 St. Johnsbury defense lawyer David Sleigh, on behalf of Vekos, said Friday afternoon he was traveling and had not read the decision when told the outcome.  Yet he said he was disappointed that the court took action before a complaint had been filed and heard.

He called the interim suspension “the ultimate sanction” for a lawyer.

Sleigh said if there had been a hearing before the appeal, evidence could have been presented in support of Vekos.

He said it would have included evidence that no action was taken by Disciplinary Counsel when another elected state’s attorney in southeastern Vermont was convicted for DUI, or when an appointed deputy prosecutor was convicted for the same crime.

“We did not have a chance to litigate it,” Sleigh said.  There was no chance to present witnesses or to cross examine anybody, he said.

The four justices said by considering all the facts involving the conviction made them believe a serious crime had been committed.  They noted Alexander is expected to file formal charges against Vekos based on the conviction. 

“The Court anticipates such a petition will be filed forthwith,” the justices wrote.

Vekos will remain as the duly elected Addison County State’s Attorney.  Her four-year term ends Feb. 1, but she would have to file for re-election in the coming months.  The Primary Election is in August and the General Election is in November.

The Vermont Attorney General’s Office, which has a large number of lawyers in the criminal division, but limited cases, agreed after the DUI conviction to handle the most serious cases.  Earlier the Vermont State Police and AG’s office brokered a deal shortly after the arrest to handle the felony cases coming from the New Haven barracks. 

The court noted that less than a week after her arrest, Vekos sent a note to Addison County law enforcement leaders and said she would not feal safe meeting with police in person and that it would conflict with her efforts to offer professional training to officers.

The court rejected claims by Vekos that she had been punished in both criminal court (with her DUI conviction) and civil court (with the suspension of her driver’s license).

The justices maintained each case had to be determined on its own facts.  They noted Vekos asked the state trooper to exercise his “discretion” and allow her to leave the scene without first engaging in field sobriety exercises.

Vekos had initially pleaded not guilty in court to charge of driving while under the influence, but she agreed to plead no contest in December.  Judge John Pacht deferred her sentence for six months and the conviction can be wiped off her record if she stays out of trouble during that time.

Sleigh had noted Vekos had her license suspended initially after her arrest and that she has complied with her court-imposed conditions of release for two years.

Vermont State Police arrested Vekos after she was called to the homicide scene in Bridport on Jan. 25, 2024. She refused a court-approved breath test and would not submit to having her mugshot and fingerprints collected when taken to the state police barracks in New Haven for processing.

The case strained relations with law enforcement agencies in Addison County, especially state police.

State police later brokered an unannounced deal with the Vermont Attorney General’s Office to prosecute their felony cases. 

Sleigh and Pacht both noted that normally a first-time offender in a DUI case in both Chittenden and Addison Counties would be offered a chance to go through a Court Diversion program and avoid a conviction.

Assistant Attorney General Rose Kennedy said the state believed Vekos was getting special treatment and that she had failed to accept responsibility for her actions.

Kennedy, the former longtime Rutland County prosecutor, said Vekos continued to claim she had not completed one full gin and tonic drink at home. If true, she would have passed a breath test, Kennedy said

“I don’t think we would be here,” Kennedy said in court.

Sleigh said he agreed Vekos was getting special treatment.

“It’s more severe,” Sleigh said.