Vermont Bar Journal, Vol. 40, No. 2 Winter 2014, Vol. 39, No. 4 | Page 22

Restorative Justice included the statute in the Vermont Statutes Annotated not in Title 4, “The Judiciary,” or Title 13, “Crimes and Criminal Procedure,” but in Title 28, “Public Institutions and Corrections,” implies it is not directly in the domain of criminal court judges and prosecutors. But does the Department of Corrections have the responsibility for seeing all the policy goals of 28 VSA § 2a implemented? How realistic is that? The Department of Corrections cannot step in and tell judges or prosecutors how to conduct their roles. Nonetheless, in the recently revised edition of its Sentencing Options Manual, the Department has outlined proposed practices for how judges, prosecutors, and defense attorneys could expand the implementation of restorative justice in the criminal justice system.12 But, to date, I have come across no evidence its proposals are being taken seriously in any criminal court in our state. Attorney General William Sorrell in his VPR “Vermont Edition” debate with T.J. Donovan during the campaign for the attorney general seat in the 2012 election, was asked, “Who bears the main responsibility for insuring that something is done in the criminal justice system to actualize the [restorative justice] statute’s policy goals, state’s attorneys, judges, anyone?” His answer is informative: It’s a combination. Certainly it is the separate but equal branch of government, the judiciary, that is the ultimate arbitrator of this, but law enforcement has a role to play and, clearly, state’s attorneys and the attorney general, and the legislature in enacting statutes that not only state a policy but can issue mandates just like the legislature just did. I put out the bias-free policing policy for law enforcement all over the state. A number of departments adopted it but not all, so the legislature just stepped in this session and mandated that departments have a biasfree policing policy as they should. So it is a combination of a number of different players to reach this result that we seek.13 First, it is important to note the agency Sorrell did not include in his list of responsible role players—the Department of Corrections. And though Sorrell acknowledges that his office and the state’s prosecutors have roles to play in integrating restorative justice into the criminal justice system, his extended comment about the role of the legislature implies he thinks that if the legislature really wants the criminal justice system to take effective statewide steps to integrate restorative justice, then it needs to mandate as much. Like most of the rest of Vermont’s criminal justice sys- 22 tem, the Attorney General’s Office under Sorrell’s leadership has taken no discernible initiative that I can see in advancing the stated goals of the restorative justice statute. There is only one mention of restorative justice anywhere in the website of the Office of the Attorney General, a noncommittal observation that court diversion follows “a balanced and restorative justice model: putting right the wrongs that have been done by addressing the needs of all stakeholders, including the victim, the community, and the offender.”14 How Did Restorative Justice Become Vermont State Policy? The awkward and ineffectual placement of the restorative justice statute in Title 28 was a direct result of how the statute came into existence in the first place. According to John Gorczyk, Commissioner of Corrections at the time the statute c [YH[