Vermont Bar Journal, Vol. 40, No. 2 Summer 2014, Vol. 40, No. 2 | Page 32

by Jan Peter Dembinski, Esq. Special Issue: “Justice Goal Achieved,” The Vermont Dreamer’s Free Press, May 1, 2085 The Crime Research Group announced on Monday that not a single criminal conviction was the result of plea-bargaining in 2084. The offices of the Vermont Attorney General, the Defender General, and the Vermont Restorative Justice Coordinator issued a joint statement to honor this justice achievement. Their statement reads: Since 2020, officials of Vermont’s criminal justice system have striven for the goal of eradicating plea-bargaining in criminal cases. While huge strides have been made in the last decades, 2084 marks the first year the criminal justice system of our beloved state has been entirely free from the blight of pleabargaining. We applaud our judges, prosecutors, defense attorneys, and restorative justice facilitators for all of their efforts in helping make a longcherished dream of our respective offices a reality. We would also like to thank the many governors and legislatures over the past decades who have continued to decrease the mandatory minimum sentences for all criminal charges resolved through restorative justice processes. We applaud the many hardworking facilitators at our state’s community justice centers and probation, parole, and restorative justice agreement fulfillment offices. Finally, we applaud the Vermont Supreme Court for its many decisions that have allowed for—and, indeed, pointed the way towards—the gradual and voluntary expansion of restorative justice processes in lieu of pleabargaining. The statement also pointed to the manydecades-long declines in criminal cases and the annual budgets for the Vermont Department of Corrections that have corresponded with the expanded use of restorative justice processes for crimes and misdemeanors in Vermont. Vermont has led the nation for years in avoiding plea-bargaining with criminal cases and has consistently been one of the states with the lowest crime rate per capita. After Monday’s announcement by the Crime Research Group, the current dean of the University of Vermont’s Academy of 32 Restorative Justice, B. Free, spoke with the Dreamer’s Free Press about the historical roots of Vermont’s world-renowned justice system. Today it is hard to believe but even when the restorative justice policy of Vermont had been in existence for many years at the turn of the century, judges, prosecutors, and defense attorneys continued to rely on plea-bargaining for nearly every criminal case they dealt with—over 99% of the convictions were determined through the connivance of three role players! And these three role players—judges, prosecutors, and defense attorneys—never had anything at stake in the outcome of these matters other than their own careers, their abstract notions of justice, and complying with the very broad range of sentences allowed by the legislature. They were seemingly blind to the light of the potential of restorative justice processes in transforming relationships within communities and in engendering civic consciences in those charged with crimes. Fortunately, there was an international conference on restorative justice at our University in the summer of 2014. After the conference, a group of inspired legislators committed themselves to doing something— anything—to help restorative justice processes begin to take the place of plea-bargaining with felony charges. But they couldn’t decide on any means that seemed politically feasible other than to move the restorative justice policy statute out of the title of statutes governing the Vermont Department of Corrections, Title 28, and into the title of statutes governing criminal justice, crimes and sentencing, Title 13. Like the emergence of the original statute, this step had no effect whatsoever on any of the criminal justice officials of the day until a class action lawsuit was brought by inmates in 2018 claiming ineffective assistance of counsel on the grounds that they had never been informed of their right to have a reasonable effort made by criminal justice officials to have their cases reTHE VERMONT BAR JOURNAL •