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Nice Work If You Can It

A former judge has been barred from future judicial office by the Vermont Judicial Conduct Board

The Judicial Conduct Board found that respondent Patricia Duff violated Canon 1, Rules 1.1, 1.2 and 1.3 of the Vermont Code of Judicial Conduct. Pursuant to the parties’ stipulation, as ordered by the Judicial Conduct Board, respondent Patricia Duff is hereby: (1) permanently prohibited from running for any elected office, either political or judicial, or otherwise; and (2) permanently prohibited from accepting, or having any role in the judiciary process as an agent, employee, volunteer or other role or activities for the Vermont Judiciary either directly or indirectly.

The Brattleboro Reformer reported

A former Windham County assistant judge was sentenced Tuesday in Bennington County Superior Court after pleading guilty to a single charge of grand larceny after receiving more than $8,500 for hours she did not work.

Patricia Duff, 60, pleaded guilty to grand larceny in excess of $900, with the state dismissing an additional charge of false pretenses as part of the plea deal. She received a three-year sentence — all of it deferred. The record will be wiped clean if Duff stays out of trouble over the next three years. She faced a maximum of 20 years behind bars if convicted on the two original counts.

According to a Vermont State Police affidavit, Duff, of Brattleboro, claimed 352 hours for work she didn’t perform. An investigation started last July after members of the Windham County Treasurer’s Office and the Vermont Judiciary notified the VSP Bureau of Criminal Investigations regarding Duff and the alleged false hours she reported working. Based on that information, it was determined that between January and June 2022, Duff was paid $8,518.40 without actually working the time she claimed.

Duff was taken into custody in late January, cited, and released on the condition that she appear in Windham Superior Court, Criminal Division, on Feb. 28. That location was moved to Bennington County out of any possible conflicts of interest with Windham County. She was released after her arraignment on her own recognizance.

Duff resigned in late July of last year from the position she has held for 16 years. Vermont has 28 elected assistant judges, also known as side judges — two for each county who serve four-year terms. In Windham County, judicial staff works out of the Newfane Courthouse.

They are responsible for the administration of the county budget and all other county affairs. They also serve in the judiciary as finders of fact in civil and family court alongside presiding Superior Court judges, hence the term “side judges.”

It is not the first time a Windham County side judge has run into trouble. In 2016, former Windham County Side Judge Paul Kane resigned while under investigation for his handling of an elderly woman’s estate.

Duff made no comments at her sentencing. She must adhere to all standard conditions of parole and participate in and complete a restorative justice program within 24 months. Duff must also pay restitution to Windham County in the amount of $8500.40.

(Mike Frisch)