Albert W. Barney
Encyclopedia
style="font-size: larger;" | Vermont Supreme Court Chief Justice Albert W. Barney
The Honorable Albert W. Barney
Judicial seat Elected to the Vermont Supreme Court in 1959
Predecessor James Stuart Holden
James Stuart Holden
James Stuart Holden was a United States federal judge.Born in Bennington, Vermont, Holden received an A.B. from Dartmouth College in 1935 and an LL.B. from Albany Law School in 1938. He was in private practice in Bennington, Vermont from 1938 to 1941. He was in the United States Army Major,...

Successor Franklin S. Billings, Jr.
Franklin S. Billings, Jr.
Franklin Swift Billings, Jr. is an American politician and former judge from the state of Vermont. Billings served successively as Speaker of the Vermont House of Representatives, chief justice of the Vermont Supreme Court and chief judge of the U.S. District Court for the District of...

Born October 23, 1920, St. Johnsbury, Vermont
St. Johnsbury, Vermont
St. Johnsbury is the shire town of Caledonia County, Vermont, United States. The population was 7,571 at the 2000 census. St. Johnsbury is located approximately northwest of the Connecticut River and south of the Canadian border.St...

Died May 10, 2010, St. Johnsbury, Vermont
Other information Presided over Vermont's last death penalty case

Albert W. Barney (October 23, 1920 – May 10, 2010) was the chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

 of the Vermont Supreme Court
Vermont Supreme Court
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont and is one of seven state courts of Vermont.The Court consists of a chief justice and four associate justices; the Court mostly hears appeals of cases that have been decided by other courts...

 from 1974 until 1982. As a superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...

 judge, Barney presided over Vermont's last death penalty case in 1953.

Early life and education

Albert W. Barney was born in St. Johnsbury, Vermont
St. Johnsbury, Vermont
St. Johnsbury is the shire town of Caledonia County, Vermont, United States. The population was 7,571 at the 2000 census. St. Johnsbury is located approximately northwest of the Connecticut River and south of the Canadian border.St...

 to Albert Wilkins Barney Sr. and Marion Bisbee Barney. He graduated from St. Johnsbury Academy
St. Johnsbury Academy
St. Johnsbury Academy is an independent, private, coeducational, non-profit boarding and day school located in St. Johnsbury, Vermont, USA, enrolling students in grades 9-12. It was founded in 1842 by Thaddeus Fairbanks, and accepts the majority of its students through one of the nation's oldest...

 in 1938 and received his undergraduate degree from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...

. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, Barney served in the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...

. Barney owned a restaurant and received his law degree from the Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

.

Lower courts

Barney was admitted to the bar in 1949. He served in the Vermont House of Representatives
Vermont House of Representatives
The Vermont House of Representatives is the lower house of the Vermont General Assembly, the state legislature of the U.S. state of Vermont. The House comprises 150 members. Vermont legislative districting divides representing districts into 66 single-member districts and 42 two-member...

 in 1951. Barney became a municipal court judge in 1951 and in 1952 was appointed a superior court judge

State Supreme Court

In 1959, Barney was elected to the Vermont Supreme Court and in 1974, became chief justice. He retired from the bench in 1982.

Death penalty case

When Barney was a state court judge, he presided over the trial of Donald DeMag
Donald DeMag
Donald DeMag was the last person executed by Vermont.Prior to his death sentence, DeMag had been sentenced to life imprisonment after being convicted of murder...

. Convicted and given a death sentence, Demag was the last person to be executed in the electric chair before the state abolished the death penalty.

Advocacy

Barney was active in the American Academy of Judicial Education. He was Chair, Conference of Chief Justices
Conference of Chief Justices
The Conference of Chief Justices was created in 1949 after the need for an organization composed of the states and territories top jurists was amply discussed at the American Bar Association and other juridical organizations. The first meeting, organized by the Council of State Governments and...

 from 1981 to 1982 and a member of National Center for State Courts
National Center for State Courts
The National Center for State Courts is a non-profit organization charged with improving judicial administration in the United States and around the world...

 in 1981.

Awards

In 1979, the American Judges Association presented Barney its Award of Merit which was given to a judge for outstanding contributions to the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...

. This award is now called the Chief Justice Richard W. Holmes Award.

In 1997, Barney received the Dwayne B. Sherrer Alumni Distinguished Service Award from St. Johnsbury Academy.

Later life

In the 1980s, Barney served regularly as a retired justice. Until 2006, he also continued to serve on the state supreme court.

Personal life

Barney was married to his wife, Helen, for over 60 years. They had three daughters. Barney died at his home in St. Johnsbury on May 10, 2010.

Selected quotes


In making any law work, it is necessary that it be accepted by the general public that this law is fair and necessary. ... The will of the people must be mixed into every decision of the court.



-Albert W. Barney, after being sworn in Chief Justice, 1974





It's not a job, It's such a responsibility.



-Albert W. Barney, after retiring as Chief Justice, 1982



Succession

Sources

  • http://www.vermontjudiciary.org/GTC/supreme/default.aspxVermont Supreme Court Vermont Supreme Court
    Vermont Supreme Court
    The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont and is one of seven state courts of Vermont.The Court consists of a chief justice and four associate justices; the Court mostly hears appeals of cases that have been decided by other courts...

    ] Retrieved: 2010-05-15.
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