Witness alleges judges committed ethical violations in guardianship case and urges legislative oversight; court staff praise Judge Tomasi’s leadership

A speaker at the Judicial Retention Committee hearing on Oct. 12 accused two judges of “gross ethical violations” in a guardianship matter and called on the legislature to change oversight of judicial and bar enforcement. At the same hearing, court operations staff testified in favor of retaining Superior Court Judge Tomasi, citing his leadership and daily engagement with staff.

Attorney Mike Hill told the committee under oath that he had submitted written comments and that his materials documented ethics-rule breaches by “the original judge” and “very importantly by Judge Tomasi” in a guardianship case he described as having inflicted harm on the protected person and denied the father meaningful contact.

Hill said the person at the center of the case, identified in his testimony as Tucker, is about 24 and has severe developmental disabilities. He said a stipulated schedule set by Judge Bernard Lewis in 2019 guaranteed regular visitation with the father, but later filings and conduct resulted in several years with no visits. Hill characterized the conduct he described as “child abuse” and said it flowed from ethical violations he contends are covered by rules he cites as 3.1 and 8.3. He said he sought remedies twice from the Professional Responsibility Board and that the board declined to enforce the rules; he told the committee that those declinations do not become visible to the Vermont Supreme Court under current procedures.

Hill urged the committee and the Legislature to consider structural changes, saying other states — he cited California’s recent approach — have investigated enforcement of bar authorities and introduced legislation to change rules. He offered to return to answer questions under oath if the committee desired.

Separately, Donna Waters, court operations manager for the civil and probate divisions, testified in favor of retaining Judge Tomasi (described in testimony as serving in the Washington civil division since early 2023). Waters recounted Tomasi’s hands-on leadership after the July 2023 flood, when court operations relocated for about eight months. She said Tomasi chose to appear in person frequently, helped organize benchmark conferences at his request, responded promptly to staff questions and remained engaged in daily operations. Staff comments read into the record described him as “extremely knowledgeable, fair, patient” and noted that Tomasi greets staff each morning.

The hearing itself was described at the outset as a public comment forum: committee members do not typically question witnesses during these sessions. No formal disciplinary action or committee vote occurred during the hearing. Hill’s allegations were presented as testimony and written materials; committee members did not announce follow-up steps during the session.