Judge Boardman
Is Suspended
For Six Months
By M. D. Drysdale

The Vermont Judicial Conduct Board issued a six-month suspension and a stinging rebuke this week to Windsor Co. Assistant Judge William Boardman, accusing him of serious ethical lapses in administering county assets.

The decision, signed by JCB Chair Robert P. Keiner of Middlebury, wrote that "the judge appears oblivious to the fact that the trappings of his office are a public trust. While he seems thoroughly familiar with the authority and entitlements inherent in his judicial position, he either does not understand or is simply unconcerned with the obligations of that public trust."

A public reprimand, he wrote, "would be insufficient to adequately respond to the seriousness of the offenses proven." Judge Boardman’s misconduct, the decision said, has been "willful and prolonged."

(A complete transcript of the JCB’s Findings of Fact are reprinted on page B-16 in this week’s Herald.)

Atty. Keiner told The Herald this week that suspensions of a sitting judge are extremely rare. He has chaired the board for five years, he said, and worked for it several years in the past, and he does not remember any other suspension being ordered by the JCB . The only more severe punishment, he noted, is removal from the bench, which the JCB has also not done in his memory.

Judge Boardman has served as assistant judge (also known as side judge) since 1991. He survived a serious attempt to oust him from office in 2006. During that time he was criticized by his opponent, Greg Soula, for his involvement in selling county property—the former Windsor County Sheriff’s office—to Emerge, a non-profit agency which Boardman founded and which he continued to serve as a board member.

It was Soula who initiated the JCB’s investigation. Testimony was taken over two full days.

Among other charges, the case focused on the sale of the the sheriff’s office for just $71,000, even though it had been appraised at $250,000 and had been priced for sale at both $159,000 and $189,000. During the negotiations for the purchase of the building, the JCB said, Boardman found himself "on both sides of this transaction, as seller and buyer."

The sale to Emerge took place even though the town of Hartford was willing to pay substantially more for the building, the findings indicate.

In addition, the county did not attempt to recoup overdue rents totaling about $12,000 or unpaid electric bills of about $11,000, the findings say.

At the same time, Boardman was instrumental in getting direct county aid flowing to Emerge, as much as $12,000 a year. Emerge was the only non-profit organization to receive such aid from the county, the findings said.

In a separate incident, the JCB criticized Boardman for his conduct during the 2006 election, with regard to a campaign sign.

The JCB charged Boardman with violation of seven Canons of Conduct, as well as violating one rule of the Vermont Supreme Court.

Atty. Keiner also noted that Boardman had previously been reprimanded by the board for "among other things, utilizing the official stationery of the Windsor County Superior Court … for his own personal benefit."