Mike Donoghue

Free Press Staff Writer

MONTPELIER – A Washington County judge, who resigned in July, is facing administrative charges that he repeatedly stole merchandise from three Montpelier businesses over several years, police and court records show.

Karl Barney Bloom, who served as an elected assistant judge in Washington County for 15 years, said he does not plan to fight the charges filed by the Vermont Judicial Conduct Board.

"I'm not contesting them," Bloom told the Burlington Free Press when reached by phone at his Montpelier residence.

Bloom, who goes by his middle name Barney, has the right to provide a written response to the charges, to retain a lawyer and to request a formal hearing with witnesses.

The retail thefts were reported at the Uncommon Market, Bear Pond Books and Capitol Grounds Cafe, according to documents obtained from the Montpelier Police Department through a public records request by the Free Press.

The police records show a routine pattern of taking small items, such as newspapers, magazines, soup and coffee and not paying.

Bloom, 71, said he expects the Conduct Board will determine any discipline without him attending any hearing. The state board has the right to proceed with sanctions even with Bloom off the bench.

"I'm not contesting them and they will proceed," said Bloom, who also served the state as a Hearing Officer for the Vermont Judicial Bureau, also known as traffic court.

Bloom, whose latest judicial term would have expired in February, said he was not pressured out of his job by the allegations.

"There's no relation. I was retiring," said Bloom, a Democrat, about his decision not seek re-election this fall.

Bloom also is vice president of the Beth Jacob Synagogue in Montpelier and worked for 15 years as the assistant librarian at the Vermont Historical Society, records show. He also served on the Vermont Commission on Domestic Violence and as a justice of the peace for the city of Montpelier.

Bloom is not a lawyer, but attended The National Judicial College, based in Reno, Nev.

Capitol Grounds, located a few doors down from the Washington County Courthouse on East State Street, reported Bloom carried his own coffee mug and filled it without paying while making multiple trips into the shop each day, police said.

Some businesses were unsure how to proceed, or whether to file a complaint because Bloom worked as a judge, Montpelier police records show.

The first theft complaint came in December 2010 and after two more businesses reported shoplifting problems in December 2012, Montpelier police forwarded the cases to the Vermont Attorney General's Office, but no criminal charges were filed against Bloom, records show.

The case file in one of the December 2012 thefts, includes a note, "Situation involving this and other cases referred to Dep. AG John Treadwell for review. As of 06/03/2013, the AG has not provided us with any update on the review."

Montpelier Police Chief Anthony J. Facos, in a Free Press interview in his office last week, said his officers took the investigations as far as they could before the department sent the cases to prosecutors.

The veteran chief said he had heard little, but was aware the Vermont Judicial Conduct Board had learned about the cases.

Attorney General William Sorrell said Saturday he remembered there was a criminal complaint filed with his office, but could not recall all the details. He referred questions to Treadwell, who now heads the criminal division.

Treadwell said he believes he had one and possibly two phone conversations with Facos in late spring or summer of 2013. In the end a decision was made by the Attorney General's Office not to prosecute the judge in criminal court, Treadwell said.

Treadwell noted there was a private agreement in the first case and the book store case was a possible misunderstanding. In the third case there was some question about how many coffees Bloom could be charged with.

He said the belief was other offices or panels, including the Judicial Conduct Board, could take action.

The Board takes action

The Judicial Board made public the charges against Bloom on Friday. The administrative charges by the board, along with records from Montpelier police show:

• Over a period of several years Bloom took merchandise, including newspapers and soup from the Uncommon Market at 1 School St. without paying for the items.

When confronted, Bloom admitted to the thefts and agreed to reimburse the business $500 and also agreed to make a $500 anonymous donation to the Montpelier Public Library on behalf of the market. Bloom never returned to the market.

• Over a period of several years Bloom took merchandise, including books and/or magazines from Bear Pond Books at 77 Main St. without paying for the items.

The owner of Bear Pond confronted Bloom as he attempted to leave the bookstore with a book in his coat pocket without paying for it on Dec. 14, 2012.

Montpelier Officer Chad Bean served a trespass notice on Bloom on December 20, 2012, so he could not enter the store, police records show. The document, signed by Bloom, warned him that failure to comply could result in criminal charges,

• Over a period of three years Bloom took coffee on multiple occasions without paying at Capitol Grounds at 27 East State St.

The conduct board noted Bloom's conduct "constitutes retail theft" under Vermont law. The board said Bloom violated three judicial canons. The canons require judges to have high standards of conduct, comply with the law and not demean the office of judge.

Sharon Allen, the owner at Uncommon Market, reported Bloom would enter the store and buy the Boston Globe for $1.50 "and then 'sneaks' the Times Argus paper when he leaves," Montpelier Officer Josh Macura wrote in his report Dec. 30, 2010.

"Allen suspects he has been doing this for three years because he has the same routine every day. Allen suspected this has cost her about $600," the officer wrote.

In the end Allen said she planned to confront Bloom herself the next time he came in, Macura wrote. Allen promised to call police if she needed further help, but the report shows no further contact.

On Dec. 26, 2012 — six days after the trespass order was served on Bloom for Bear Pond Books — Robert Watson, owner of Capitol Grounds called police with a theft complaint, records show. Watson indicated Bloom had been coming into his business for several years and not paying for coffee, Officer Bean wrote.

Watson said he runs his business on "the honor program" and customers are expected to pay $1 when they fill their own coffee cup.

Watson said he and his employees have never approached Bloom about not paying "mostly because of the position he holds as being a 'judge,'" the police report noted.

Watson said he finally decided to report Bloom because he had heard other local merchants throughout the city also had similar experiences, the report said. Watson indicated he had heard about specific problems at both Bear Pond Books and the Uncommon Market.

Watson said he believed his case should be reported and he felt more comfortable coming forward because other businesses had made reports, Bean wrote.

Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.