Says judges do little when disrespected by defendants

Grand Isle County State’s Attorney Doug DiSabito said this week that criminal defendants continue to blow off court hearings, and the Vermont judiciary is doing little or nothing about the lack of respect for judicial orders and proceedings.

The comments came in the wake of Vermont Chief Superior Court Judge Thomas Zonay testifying at the Statehouse against proposed legislation that would put some teeth into Vermont’s bail laws.

A legislative bill was submitted to the Vermont House Judiciary Committee to require Judges to impose bail in certain circumstances and reduce the “catch-and-release” system that now overwhelms the courts. The tougher bail provisions were opposed by the Vermont Judiciary, DiSabito said.

He said Zonay appeared on Feb. 12 to provide testimony against the bill and outlined how bail is used.

“There’s three categories when we look at appearance in Court. [1] Those who are going to appear . . . and those who generally appear. [2] There are those who will appear, but they need a little bit of assistance or reminder sometimes. [3] And those who are not coming to Court,” Zonay said.

DiSabito said Sunday he and others see it differently from Zonay.

“While he made some relevant and salient points, he alleged this bill would be ‘infringing on the judicial discretion [and] infringing on the ability of the State’s Attorney to have input’ on whether bail should be imposed or not. He then gave two ‘examples of real-world application’ of those who would be affected if this bill were to become law,” DiSabito said.

State Rep. Ken Goslant, R-Northfield and clerk of the committee, later confirmed with Judge Zonay that two examples presented to the committee were: “an eighty-year-old with Alzheimer’s, and then a [single] woman that’s got three kids that we’re just arresting. Is that correct?”

Judge Zonay responded: “Among the people who would be arrested, yes.”

Zonay did not respond to phone and text messages from Vermont News First.

DiSabito said he sees problems with state bail system every week.

The state bail laws are in sharp contrast to federal court in Vermont. Federal defendants that have failures to appear in state court, violations of conditions of release, probation violations or other disrespect for the state courts are frequently detained in U.S. District Court in Vermont.

DiSabito cited a recent case with a 32-year-old criminal defendant, who ignored a police citation ordering him into criminal court on March 5 in North Hero. Police arrested the defendant on March 16 and instead of imposing bail, a judge opted to issue a court summons requiring the defendant to show on March 19 in Vermont Superior Court in North Hero. It was no surprise that he failed to respect the judge’s order. The defendant’s record shows a total disrespect for the court, DiSabito said in open court.

The defendant’s criminal record showed he had amassed 3 felony convictions, 27 misdemeanor convictions (3 of which were for lying to police and 4 were for violating court orders). The defendant also had 16 failures to appear in court and 18 cases of violating probation terms imposed by the court, DiSabito explained in open court.

Presiding Judge Navah Spero asked what should be done. DiSabito suggested the court might want to issue an arrest warrant and proposed $500 bail. Judge Spero thought it was fair.

The defendant was then arrested on March 26 and jailed overnight. He was arraigned in Franklin County for the Grand Isle County case the following day.

During the arraignment, DiSabito argued before Presiding Judge Mary Morrissey that the $500 bail should remain in place to ensure

the defendant’s appearance for future hearings.

Judge Morrissey disagreed and imposed zero bail, even while the defendant, who was appearing remotely from the correctional facility, appeared disinterested on video and yawning, DiSabito said. Judge Morrissey even asked if she was boring him/her. Judge Morrissey ordered the defendant released from jail with instructions to appear in court in Grand Isle County on Thursday April 9.

This defendant never appeared on April 9 in North Hero.

“This was now the 17th failure to appear for this defendant in Vermont. This is what is actually happening inside our courtrooms,” DiSabito said Sunday.

“This defendant was not an 80-year-old with Alzheimer’s and was not a single mother of three children. This is not treating failures to appear in court ‘so seriously,’ like the Vermont Supreme Court said it does. Our brave and dedicated law enforcement officers are beyond exasperated,” DiSabito said.

DiSabito urged Spero to restore the $500 bail on Thursday for a new arrest warrant. She questioned the need, but then DiSabito played a portion of the court hearing from Franklin County with Judge Morrissey admonishing the defendant that he needed to show up in Grand Isle.

DiSabito said the criminal case involved a charge of second offense of driving while license suspended – another example of ignoring government requirements. The license suspension, due to the defendant’s driving while under the influence conviction, carries a two-year penalty – just one day shy of being a felony in Vermont courts, DiSabito said.

While it may appear to be a minor offense on its own, he said, the entire record needs to be examined by the court.

House Judiciary Vice Chair Rep. Tom Burditt, R-West Rutland told Judge Zonay serious problems continue to exist in his courts.

“We do have a problem with people gaming the system. And I do believe we need some kind of language that’s going to be more binding, I guess you could say, to make [Judges] do go to the arrest part,” Burditt said.

“People who are gaming the system four, five, six, seven times, and they just keep getting the citations . . . they’ve learned how to play the game. It’s just a joke to them . . . The people who are gaming the system and wasting the resources of the Court . . . there needs to be some kind of language where a Judge has to issue an arrest warrant to get them to finally do what they should be doing.”

Judge Zonay said he sees it differently.

“I would say we have an answer to this already. The answer is the Judge fully and fairly considers all of the facts, and the individuals you are talking about—there is the ability to put those individuals put appropriate conditions on for bail if they don’t show up,” Zonay said.

“Yes, there will be people who don’t show up and who thumb their nose at the system . . . The solution you are looking for is one you already have. Judges, State’s Attorneys, Defense Attorneys, in court, have to provide the Judge with information about why a warrant should be issued, why a warrant should not be issued, and the Judge uses the existing law to issue that warrant and put bail on if they think it’s appropriate . . . Often times, after two, after appearance, someone fails to appear two or three times, the Court will issue bail and impose it.”

This is not happening “often” as Judge Zonay represented to the House Judiciary Committee, DiSabito said.

The veteran prosecutor said he believes it was important to speak up when the court system is broken.

“We all have the First Amendment which prohibits the government from taking adverse actions in response to protected speech or criticism of officials. I have never shied away from speaking truth to power or calling out ‘baloney’ when I see

or hear it,” DiSabito said.

“For over a decade, my constituents have come to expect this from me. As attorneys, we are officers of the legal system and public citizens who have a special responsibility for the quality of justice. We must seek improvement of the law, the administration of justice and the quality of service rendered by the legal profession. These chronic no-shows erode public trust in our legal system. When criminal defendants avoid their court obligations without repercussions, it conveys a troubling message: that some individuals are above the law,” he said.

“This perception can foster frustration and fear within our communities, as Vermonters may feel that justice is not being served. When criminal defendants fail to appear, it can compromise the safety of our communities. Addressing the chronic no-shows of criminal defendants is not just a matter of judicial efficiency—it is a matter of public safety and societal trust,” he said.

“As chief law enforcement officer for Grand Isle County since 2015, charged with keeping our county safe, I will continue to challenge the rectitude of official actions and statements, and ensure that the public knows exactly what is happening inside the courtrooms of Vermont,” DiSabito said.

“To that end, I am considering options that may be available to me within the Executive Branch, including partnering with already identified and agreed to members of the Legislative Branch, to ensure this ‘epidemic’ is taken seriously and addressed properly by everyone in all three of our branches,” DiSabito said.