And In Vermont

Vermont's reputation for prim Yankee propriety extends to its state government, traditionally one of the cleanest in the country. But a blot has formed on the pristine Green Mountain State record, in, of all places, its supreme court. Last month Vermont's judicial-conduct board accused three of five high-court justices -- Thomas Hayes, 60, William Hill, 69, and Ernest Gibson III, 59 -- of numerous violations of judicial ethics growing out of their allegedly improper efforts to help a lower-court colleague under investigation. Charges against a majority of a supreme court are hardly everyday occurrences, and the move has given taciturn Vermonters quite a bit to talk about.

The accusations involved the justices' relationship with former Assistant Superior Court Judge Jane Wheel, 54. She was alleged to have used $2,800 of county funds in 1985 to throw a party for Judge Hayes when he ascended to the high court. But after investigating, state authorities accused Wheel of falsifying pay vouchers. She has also been indicted for lying under oath. She denies all charges. Hill and Hayes allegedly tried to influence the probe into her actions. Furthermore, according to the judicial-conduct board, at the party in question Hayes made "improper advances" to a court employee, who rebuffed him; later he sought, with Hill's help, to have the employee fired.

Protesting their innocence, Hayes, Hill and Gibson have so far resisted pressure from Governor Madeleine Kunin, who three weeks ago urged them to step down. They have, however, disqualified themselves from many of the cases before the court this month. Retired and lower-court judges have been called on to fill out the high bench in these cases, thus somewhat disrupting courts throughout the state. Resolution of the charges against the three could take months, and will wind up in the supreme court. Then the two untainted justices will also have to step aside, leaving it to five non-supreme court judges to rule on the case. "Obviously," says former Governor Philip Hoff, noting that Vermonters are generally suspicious of the legal profession, "this has a negative impact upon the public's views."