State v. Hemingway, 196 Vt. 441 (2014)

Citation: State v. Hemingway, 196 Vt. 441 (2014)
Parent Document: State v. Hemingway, 196 Vt. 441 (2014)
Jurisdiction: Vermont (state)
Effective Date: 2014-05-09
Original Source: https://www.courtlistener.com/opinion/2673207/state-v-hemingway/ ↗

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¶ 37.        
The only similar factor is that the statutes in both cases employ the
word “shall.”  Unlike the statute in Soon Kwon, § 252
specifies no consequence for failure to provide a probation certificate. 
In addition, while the purpose of the statute in Soon Kwon was
frustrated if strict compliance was not required, furthering the legislative
purpose of requiring notice to probationers does not require that failure to
provide a certificate makes the resulting conditions unenforceable.  To
the contrary, the majority’s argument frustrates the purpose of the
statute.  This is not a consumer-protection statute, like the one in Soon
Kwon.  As explained above, the certificate requirement is part of a
statutory scheme that aims to both assist defendants and protect the
public.  Therefore, here, the statute must be read with the protection
goal in mind.

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