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Governor's counsel warns State Board appointment plan would shift executive power to unelected interests
Summary
At a March 20 House Education hearing, Jake Urshan Johnson, legal counsel to Governor Scott, told the committee that an amendment to restructure appointments to the State Board of Education would transfer executive functions to unelected appointees and raise separation-of-powers concerns under the Vermont Constitution and state law.
Jake Urshan Johnson, legal counsel to Governor Scott, told the House Education Committee on March 20 that a proposed amendment restructuring appointments to the State Board of Education would improperly shift core executive functions to unelected, unaccountable interests.
Johnson said he was appearing to testify on a draft amendment (dated 03/24/25, labeled draft 1.1) and argued the proposal would “encroach on or usurp the governor's constitutional duty to faithfully execute the laws.” He said the draft would remove primary appointment authority from the governor and give it to outside parties, including organizations represented in the Statehouse by paid lobbyists.
Johnson explained the practical consequences if the amendment were adopted as drafted: an 11-member board with two legislative and two gubernatorial voting members, plus nonvoting seats for the…
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