Court

BREAKING: Drescher and Nolan hear first Vermont Supreme Court cases

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By Michael Donoghue

Vermont News First

A version of this story appeared in the Times Argus 

MONTPELIER — Vermont’s two newest Supreme Court justices hit the ground running Wednesday — their first day for hearing appeals since they were confirmed by the Vermont Senate this month.

Private swearing in ceremonies were held earlier for Associate Justice Christina E. Nolan on Feb. 3 and Michael P. Drescher on Feb. 4. They have been working behind the scenes since.

Wednesday marked the first day that Nolan and Drescher, dressed in their black robes, marched into the Supreme Court hearing room with their three colleagues — Chief Justice Paul Reiber and Associate Justices Harold “Duke” Eaton Jr. and Nancy Waples — to hear appeals.

“Before we get started, I want to welcome our two new members to the bench,” said Chief Justice Reiber as the first appeal was to be heard at 9 a.m.

“I’m very pleased to have you with us. Thank you for joining us. We look forward to many, many occasions like this in the future,” Reiber said before pivoting to the first case of the day.

Republican Gov. Phil Scott appointed both Nolan and Drescher in January after getting recommendations from the Judicial Nominating Board. They beat out several finalists, including a few sitting judges from the state court system, that were all deemed “well qualified.”

Nolan and Drescher are replacing two retiring associate justices, Karen Carroll, 62, of Vernon, and William Cohen, 68, of Rutland.

The court heard a mix of cases on Wednesday including a prisoner on his seventh attempt for a post-conviction relief petition.

Nolan, 46, of Burlington was the more active of the two new justices, jumping in frequently and interrupting lawyers to ask questions.

Nolan also found herself disqualified in the second case of the day. The reason was not stated but the case involved the city of Burlington and 19 property owners with short-term rentals.

Chief Superior Court Judge Thomas A. Zonay was asked to fill in on that case.

Toward the end of the day, the court held a formal investiture ceremony for Drescher, 60, of Hinesburg — his public joining of the court.

Gov. Phil Scott offered comments during the investiture ceremony and spoke about the importance of the Governor picking judges.  Scott said he knew from the start Drescher was a perfect selection and it showed throughout the confirmation process.

Associate Justice Eaton also spoke, along with Drescher’s two adult daughters, who helped him put on his black robe for the ceremony.

Justice Drescher provided gracious, reflective comments to the capacity crowd.

Former U.S. Attorney and Vermont Public Safety Commissioner Tom Anderson was the master of ceremonies.

Nolan is scheduled to have her investiture on St. Patrick’s Day.

Separate investiture ceremonies were scheduled because of the limited amount of space at the Vermont Supreme Court to host family, friends and the judicial branch.

The deciding of appeals is just one of the duties of the state’s highest court. The appeals can come from decisions made by state courts, as well as for some cases involving state and municipal agencies.

The Vermont Supreme Court also adopts rules of procedure for civil, criminal, family, probate, environmental, and appellate cases. The justices also oversee the management of the statewide court system with the Chief Court Administrator Teri Corsones.

The high court also oversees the admission of attorneys to practice law and imposes the discipline for all judicial officers and lawyers.

Nolan is a former U.S. Attorney for Vermont (2017-21) under President Donald Trump in his first term. She has been in private practice most recently.

Nolan was approved 23-7 by the Vermont Senate.

Drescher spent about 30 years in private and public practice in Vermont, mostly with the U.S. Attorney’s Office. He most recently was the First Assistant U.S. Attorney and served as Acting U.S. Attorney for 300 days last year.

Drescher was approved Feb. 3 when Lt. Gov. John Rodgers broke a 15-15 Senate vote.

Drescher’s appointment got hung up when some senators tried to hold him responsible for two arrests made by Immigration and Customs Enforcement. Drescher was forced to defend the cases in court but some seemed to incorrectly think he had filed charges and prosecuted the cases.  He did neither. 

Two Democrats, both lawyers, from Bennington County, broke with party lines and joined the 13 Republicans to help create the tie vote. Sens. Rob Plunkett and Seth Bongartz had said they had planned to vote against Drescher, but after reading the cases and studying the issues they believed he was the proper selection.


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