Judge Keller Withdraws Request to be Retained

March 18, 2011

Vermont: After a long and grueling review process, the Legislature’s Judicial Retention Committee of Vermont voted 6-2 on March 17, against recommending that Judge Mark Keller be offered another six-year term.

Committee members struggled with their decision right down until they had cast their vote, their indecision resulting from conflicting assessments they had received. “There is no doubt whatsoever in my mind that Judge Keller is a fine man and a terrific judge,” stated Representative Eldred French, who had cast one of the two supportive votes for retaining Judge Keller. However, French had noted various survey results and taped evidence of Judge Mark Keller's confrontational courtroom behavior, and this French and other committee members found absolutely unacceptable. “The most troublesome thing to me is that this is not a new problem,” French had also added.

On March 18 Judge Keller told reporters, "I am withdrawing my request to be retained by the full Legislature." He then hugged staff members at the court in St. Albans, with several crying and preparing to say their farewells to a judge who had served the Vermont for twelve years.

"I was determined that Vermonters were going to get action in my court and receive results," Keller stated.

Most of the complaints against Judge Keller were about his demeanor problems, but civil court administrator and former defense attorney Jim Pelkey stated that judges often need to raise their voice in a courtroom in order to take care of situations that can get unwieldy. "I'm really afraid we're going to have judges that are too afraid to speak up for justice in the state, and that's my concern," Pelkey said.

Though Keller did not agree with the committee's decision, he accepted it and thanked his supporters, saying it had been an honor to serve the state of Vermont.

The full statement from Judge Mark Keller was as follows below:

"Although I disagree with the final results, I accept the decision of the legislative committee and have notified the Speaker of the House and the President Pro Tempore of the Senate that I am withdrawing my request to be retained by the full Legislature.

Many members of the public and many lawyers supported me and voiced their opinions to the Legislature and to the committee. I am profoundly thankful for their support.

I have been involved in the court system for 35 years. Through my career as the Chittenden County State's Attorney and then in private practice I was frequently frustrated by the pace of the court system and the effect that continuances, non-action and delayed decisions had on litigants and victims of crime.

When I came to the bench I vowed not to be a judge who put cases off to another day; I was not going to contribute to the anxiety and uncertainty by inaction and taking the easy course. I was determined that Vermonters were going to get action in my court and receive results.

Much has been said about my demeanor. I believe that the hard working, well prepared lawyers, of which there are many, had no complaints with my demeanor. The few lawyers that came to my courtroom unprepared, wasting their client's money, the court's resources, and ultimately the taxpayers' money, did have a problem.

I am very proud of my nearly 12 years as a judge. It has been an honor to serve the people of Vermont."