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Tuesday October 24, 2006

By Tammy White

Elanor “Misse” Smith Campaigns For Probate Judge

   Soon Addison County Voters will go to the polls to elect a new Probate judge.  This year, Democrat Eleanor “Misse” Smith is running against Republican incumbent Amy Douglas.  In most years, this judicial race would be seen as non-political.  However, the contentious political climate in Vermont and around the nation, make every political seat highly politicized.  In essence, every political seat up for grabs in November's midterm elections will be judged by the party that the candidate represents.  National polls indicate that this year may be a record voter turnout with most voters going to the polls to vote along party lines.  In short, this election cycle may be more about the party than the candidate.

   Republican politicians around the country are desperately trying to distance themselves from the president and what has been called the “do nothing Republican congress.”  After all, the Republicans hold the House, the Senate, and the presidency, yet have been unable to draft and pass legislation on border security, saving social security, stem cell research, affordable prescription drugs, universal healthcare, constitutional anti-terror measures, and the Iraq War.    

   So what does this have to do with a local judicial seat centered in Vermont's beautiful Green Mountains?  Fall elections are normally not too contentious in Addison County.  After all, with the beautiful Vermont landscape and breathtaking Fall foliage, what's all this talk about “taking back the government, pulling our troops out of Iraq, and getting back on to tracking down the terrorists.”  This election, like all others this Fall, is a resounding referendum on where our country is now, and where we want it to be in the future.  

   The position of Probate Judge is non-political and non-partisan. Smith said, "the Judge and staff should guide people through the legal process with compassion and caring.”  Ironically, Smith does not believe the anti-Bush/Republican climate in Vermont will be a factor in her race.  

   Smith has lived in Vermont for twenty three years.  She lived in Weybridge for one year, then in 1984 moved to Cornwall and has lived there ever since.  She received a Bachelors of Arts Degree from the University of Arizona (Tucson) in 1973.  She majored in anthropology, archaeology, and English.  She received her law degree from the University of Arizona (Tucson) in 1977. She has been practicing law for over 30 years, twenty three of which were in Addison County.  Her practice has been wide-ranging from criminal defense, civil litigation, to family law.  Misse said, “for the last ten years, I have focused primarily on estate planning and probate practice.”  For the last eight years, she has served the judiciary as a part-time acting Small Claims Judge in Addison County.

   Misse is active in the Addison County community. She was a member of the Advisory Board of Elderly Services/Project Independence in the 1980's when it was in its infancy. For six years, she was on the Board of Directors of the United Way of Addison County and served one year as its President.  For the last fourteen years, she has served on the Board of Directors of Mary Johnson Children's Center.  She has been its President for the last ten years. She is on the Board of Helen Porter Healthcare & Rehabilitation Center. Additionally, she is a member of the Porter Medical Center Ethics Support Group, and the Court appointed Guardian for an elderly gentleman at Helen Porter.  She was subsequently appointed by the Probate Court to be the Guardian for an elderly couple at Helen Porter for several years until their deaths.   

   Smith has been practicing law with Karl Neuse in Middlebury for the past twenty three years. She is married to Larry Novins who was the Addison County Public Defender for many years.  They have one daughter who is a senior at Middlebury Union High School.      

   When asked what makes her different from her political opponent, Smith noted her extensive legal and community experience.  She said, “through my experience as an attorney and a citizen volunteer in Addison County, I have a proven track record of legal, communication, managerial, and administrative skills that makes me uniquely qualified to be Probate Judge.”   

   When asked what is the most important issue facing Vermont Probate Courts, Smith said, “An issue affecting all the Probate Courts of Vermont is the need to revise the Probate Code. Too many provisions of the probate statutes and forms are archaic, cumbersome, and time-consuming.  For example, Vermont is the only state that still does not have automatic revocation of Wills when a couple divorces.”  She went on to note that, “many people appearing in Probate Court are facing difficult personal losses or family problems via guardianship or termination of parental rights.  It is important for Probate Court to be 'user-friendly.'  It should be a place where people can get support, guidance, and assistance without having to hire a lawyer.”  Smith's statements are strikingly true:  legal costs for probate matters can range in the thousands of dollars.  And, most Americans are not able to afford attorneys fees which can cost in upwards $150.00 per hour.  A “user-friendly” Probate Court would be welcomed by Vermonters.

   When the Valley Voice asked Smith to tell us what she most wanted voters to know about her candidacy, she said, “Addison County is a special place.  Its citizens are generous and civic minded.   We have gained much living here.   I would like the opportunity to use my skills and experience and contribute to this generous community in a new way.   Serving as Probate Judge would be a continuation of my service to the people of Addison County.”   

   This election year has proved to be exciting in many ways.  Whether or not the congressional elections will effect local politics is yet to be seen.  One thing is for sure, this year, voters who come to the polls are more informed and with more resolve to have their voices heard.        

Republican Probate Judge Amy Douglas Runs Against Long-Time Middlebury Attorney

    This election season local incumbents will try to hold onto their political seats.  This year, Incumbent Judge Amy Douglas will challenge local Middlebury attorney Eleanor “Misse” Smith for Probate Judge.  

    Judge Douglas has served on the bench for eight years.  She was first elected in 1998 following the retirement of Judge Ketchum.  She grew up in Shoreham and graduated from Shoreham High School.  She lived in Vermont in the 1970s, and then in Arizona and California from 1980 until 1994.   She then returned to Shoreham with her husband, Ernest Franzgrote.

    Judge Douglas obtained a Bachelor's of Arts Degree from Kalamazoo College in Michigan, and Masters of Business Administration Degree from Arizona State University, and a Law Degree from Whittier College School of Law in California.

    The Valley Voice asked Judge Douglas what she felt was the most important issue facing the Probate Court.  Jude Douglas said, “One important issue is the lack of public guardians for mentally ill adults between the ages of 18 and 60. Public guardian programs exist for developmentally disabled adults and for mentally ill adults age 60 and over, but for those adults under age 60 who are mentally ill no public guardian program exists. “  

    When asked whether she supported term limits for her judicial office, Judge Douglas stated, “that seems to be a matter for the legislature to address if it chooses.  This year two of the 18 probate judges in Vermont are retiring.  About 1/3 of the current judges have served 8 years or less and about 1/3 have served 16 years or more. Also, our voters decide every 4 years whether to re-elect judges.  There are no term limits for trial judges in Vermont.”  Term limits are becoming increasingly popular around the country.  However, it is not unusual that Vermont does not have term limits for judicial officers.   

    Another question asked was whether the Judge believed that the current Republican backlash in America, high oil prices, Iraq War, and anti-Bush sentiment in Vermont will effect her reelection.  The judge responded that, “No, Courts do not have a political role. Probate Judges do not have a government policy role. Jurisdiction is limited by statute to guardianships, estates, adoptions, name changes and a number of other specific matters.”  

    Judge Douglas said that, “ It has been an honor to serve as Probate Judge for the past 8 years and I am asking the voters to re-elect me based on the experience I have obtained during those 8 years. During my tenure, the court has obtained a computerized system for tracking cases which enables us to serve clients more efficiently and allows that staff more time to assist clients.  I have served on a number of committees with the goal of improving various aspects of the probate process. I love the ongoing challenges of the Probate Court and have especially enjoyed meeting the many individuals who act as guardians for relative and friends.” 

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