legitimate interests that underlie it. ¶ 26. While this appeal was pending, respondent filed a motion with the Court to amend Canon 5(A)(3) retroactively to comport with the Legislature’s recent enactment of 4 V.S.A. § 278 and to eliminate the finding that he violated the Canon. In pertinent part, the statute provides that: “An assistant judge or a candidate for the office of assistant judge may also seek election to the office of probate judge, and, if otherwise qualified and elected to both offices, may serve both as an assistant judge and as probate judge.” 4 V.S.A. § 278(a). The statute was effective on passage, June 3, 2010, see 2009 (Adj. Sess.), No. 154, §§ 17a, 239(d), and operates prospectively. See Town of Sandgate v. Colehamer, 156 Vt. 77, 90, 589 A.2d 1205, 1212-13 (1990) (<HOLDING>). In effect, respondent argues that the statute
holding new statute applicable only prospectively holding retroactive application holding that statutes operate prospectively unless they contain clear language mandating retroactive application holding no retroactive application recognizing that the application of a retroactive amendment is discretionary