MONTPELIER, Vt. (AP) – A judge whose initial sentencing of a sex offender sparked a national outcry said Sunday that the case has been a highlight of his career.
Vermont District Court Judge Edward Cashman said he was able to stand up for what he believed in – that he correctly sentenced Mark Hulett to the 60-day-minimum under the law.
“I think one of the risks a judge has to take is knowing that when you make a difficult decision it very well may be misunderstood. And then comes the real hard part: you gotta remain quiet,” Cashman said in an interview Sunday.
The judge of 24 years was honored Sunday by the Vermont Press Association for his commitment to the First Amendment right to free press.
Cashman, who will retire in March, had been berated for sentencing Hulett in January to the minimum sentence on a conviction of sexually assaulting a young girl over the course of several years. The judge said he had wanted to ensure that Hulett would receive sex offender treatment for which he was not eligible in prison. Three months later the state changed its policy and Cashman increased Hulett’s minimum sentence to three years in prison.
Critics thought the original sentence was too short and some suggested that the judge had said he didn’t believe in punishment. But a court transcript showed that Cashman said, “punishment is not enough.”
“And if there’s any lesson that would be applicable judiciary wise, is the print media will straighten it out,” Cashman said Sunday. “They will straighten it out given enough time, which is exactly what happened. And there was a a big huge record for the public to take a look at, I feel very fortunate. I look at it has the highlight of my career … That you could stand up for something that was right.”
In October the judicial conduct board ruled that Cashman’s original sentence was legal and ethical.
Cashman said he was particularly touched by a letter to Vermont newspapers from former Chief Justice Jeffrey Amestoy who praised him as a “competent, caring and conservative trial judge.”
On Sunday he was given an award in honor of Matthew Lyon, a Vermont member of Congress who was convicted and jailed in 1798 under the Sedition Act for publishing a letter criticizing President John Adams.
Cashman said judges can help to ensure a free press by providing timely access to records and conducting hearings in high profile case in public rather than in chambers.
“Judges need to remember every day that without a free press, with ready access to court documents and proceedings, this government that serves would quickly become a government that rules,” he said. “Without a free press, the criminal justice system with its immense power would focus solely on its perception of public safety and ignore the equally important role as the primary check on police misconduct. Without a free press, the civil system would become a divisive oppression of the poor and weak by the rich and powerful. “Without a free press, the private citizen would have no recourse against the excesses and mistakes of government.”
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