Longtime public defender Mary Kay Lanthier has been tapped for a rare opening on the Vermont District Court bench.

Background

Lanthier received a B.A. from Amherst University in 1993 and a J.D. from the Northeastern University School of Law in 1996. Lanthier then completed a two year clerkship in the Vermont state court system and then joined Keiner & Dumont, P.C.

Lanthier then joined the Addison County Public Defender’s Office and after three years returned to private practice at Marsh & Wagner, P.C.

In 2007, Lanthier became the supervising attorney in the Rutland County Public Defender’s Office, where she still serves.

History of the Seat

Lanthier has been nominated for a vacancy on the U.S. District Court for the District of Vermont to replace Judge Geoffrey Crawford, who will take senior status on August 9, 2024. Lanthier was one of three candidates recommended for the vacancy by Vermont Senators.

Legal Experience

Lanthier has spent most of her legal career in indigent defense, serving most recently as a supervising attorney in the Rutland County Public Defender’s Office, where she represents indifent defendants in state court. For example, Lanthier persuaded a judge to grant bail to Ashleigh Gursky, a teenager charged with aggravated assault on a police officer. See Kathleen Phalen Tomaselli, Judge Grants Teen’s Bail Bid, Rutland Herald, June 23, 2016, https://www.rutlandherald.com/news/judge-grants-teen-s-bail-bid/article_62f4b626-4f08-5e2e-87e1-d97a97fa085a.html.

Notably, Lanthier was part of the legal team challenging the detention of David Downing, arguing that Vermont law, which prevents a defendant from being held in jail more than 60 days without bail before trial, prevents him from being held without bail if there is no possibility that the trial can be set within 60 days. See State v. Downing, 247 A.3d 150 (Vt. 2020). The Vermont Supreme Court disagreed, ruling that the statute doesn’t prevent a defendant from being held without bail for sixty days even where there is no possibility that he can be tried within that time. See id.

Statements and Writings

As a law clerk, Lanthier published one of the papers that she had previously authored as a law student. See Mary Kay Lanthier, Children’s Right to Be Heard, 2 NU Forum 1 (1997). The paper discusses the rights of children in civil proceedings called “CHINS” or “child in need of services.” See id.

Overall Assessment

The Biden Administration has made a commitment to adding more public defenders to the federal bench, and have made significant strides in this regard. The nomination of Lanthier follows this pattern. While several of these nominees have drawn fierce opposition due to their background, most have been confirmed. Barring anything unusual, Lanthier should be able to be confirmed by the end of the year as well.