Board Reprimands Former Probate Judge Over Guardianship Case

Posted By Paul Heintz

Matt Morris

Vermont’s Judicial Conduct Board has publicly reprimanded Bernard Lewis, who served as Orange County’s probate judge from 2002 until earlier this year. 

In an order issued late last week, the board wrote that Lewis had violated the Code of Judicial Conduct by failing to dispose of cases “promptly, efficiently and fairly.” Lewis formally accepted the reprimand instead of fighting it at a hearing that was scheduled to take place in October.

At issue was the judge’s handling of a nearly decade-long family feud over the guardianship of an elderly Newbury woman, Miriam Thomas, who has since died. As Seven Days reported last year, three of her children had accused a fourth of abusing his power as her court-appointed guardian and depleting her assets by more than $1 million.

In its reprimand, the board wrote that Lewis’ “repeated failure to address and decide issues” that came before him had cost the aggrieved siblings “significant attorney fees” and wasted both parties’ time and resources.

“The chronic failure to hold the guardian accountable for his actions with respect to his obligations while allowing him to pay himself enormous amounts of money over 7 ½ years, despite repeated filings that brought such issues to the Court’s attention, exemplifies a failure to dispose of issues fairly,” the board wrote.

Lewis declined to comment, saying only, “There’s two sides of every story.”

The judge’s decision not to seek reelection last year may have spared him a heavier penalty. “The board does have the authority to take more severe sanctions if it were a sitting judge, but Judge Lewis is no longer presiding,” said Andrew Maass, the Judicial Conduct Board chair.

Lewis is the second probate judge to face sanctions in recent months. In June, the board publicly reprimanded Chittenden County Probate Court Judge Gregory Glennon for asking lawyers who practiced in his court to be on his election campaign committee.

According to Maass, it’s highly unusual for a judge — let alone two — to be disciplined. “It’s not often that these kind of events happen in Vermont,” he said.

Full Article & Source:
Board Reprimands Former Probate Judge Over Guardianship Case