Judge Will Issue Decision Soon On Prosecutor Challenge

11/12/12 6:06AM

A Vermont Superior Court judge says he'll rule soon on a motion to dismiss charges in 20 criminal cases because of what a defense attorney feels was the improper appointment of the Orleans County state's attorney.

Judge Howard VanBenthuysen heard arguments Wednesday from attorney David Sleigh. Sleigh filed the motion to dismiss the charges because of the way in which State's Attorney Alan Franklin was appointed.

Sleigh claims Governor Peter Shumlin didn't have the authority to appoint Franklin to a full term to replace former State's Attorney Keith Flynn.

He says the governor should have ordered a special election.

The Caledonian-Record says Van Benthuysen's decision is expected to be filed by next weekend.

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