Westcom v. Meunier

The Court today perpetuates the exercise of peremptory challenges in the manner of another era, over a century ago, when practice in our courts was more like a gentlemen’s game than the “just, speedy, and inexpensive determination of every action” contemplated by our modern rules of civil procedure. V.R.C.E 1. The Court’s decision runs counter to V.R.C.E 47(c) governing jury selection and the growing trend to discourage the practice of packing a jury. I respectfully dissent.

I

Contrary to its assertion, the Court is not required by any case precedent in Vermont to reach its result. The Court…