Three Vermont Supreme Court Justices, Dooley, Johnson and Skoglund, over the dissent of Chief Justice Reiber and Justice Burgess, vacated the prison sentence of 12 to 20 years of Michael Brillon and set him free. The majority found a three year delay between Brillon's arrest and trial violated his constitutional right to a speedy trial. The delay, they said, was caused by inadequate funding of the Public Defender system, which resulted in six lawyers being assigned as defense counsel, five of whom quit the defender system for private practice without preparing defendant's case.

The dissent characterized Mr. Brillon as a "woman beater" and "habitual offender" as though the odiousness of the offense warranted ignoring his constitutional right to a speedy trial. The majority noted Brillon was convicted of slapping his girlfriend in the face after she had greeted him at their home brandishing a baseball bat, and had become a habitual offender because the incident violated a pre-trial condition of release. They pointed out it was better to draw the line on speedy trial issues in this type of case rather than in case involving "murder or other serious felony." They urged the Legislature to fully fund the Defender General system.

The Court has neither the power of the purse or the sword, and has therefore been referred to as the least dangerous branch. By contrast, Governor Dean C. Davis prominently displayed a sign in his office with the quote "NO MAN'S LIFE, LIBERTY OR PROPERTY IS SAFE WHILE THE LEGISLATURE SITS," emphasizing the legislature's power to tax and create crimes. Similarly, Abraham Lincoln suspended the writ of habeas corpus and threatened to arrest federal judges who released draftees ruling the draft was illegal. The Marshall told the Judge "I'M GOING TO TAKE THIS MAN AWAY AND YOU CAN'T STOP ME BECAUSE I HAVE THE UNITED STATES ARMY AND NAVY BACKING ME UP." (Sound familiar? Guantanamo?)

Perhaps the Court isn't entirely toothless. The executive branch could refuse to release Mr. Brillon. The legislature can continue to underfund the Defender System. Maybe the State Police could arrest Supreme Court Justices as occurred in Pakistan so the executive could get people it agrees with. Any of these acts would lead to violence and paralysis of government. Public opinion vehemently supports the rule of law, which in this case is mightier than the purse or the sword. State v. Brillon 2008 Vt. 35.