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title-4•Title 4 — Judiciary
The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated, provided as a convenience by the Vermont General Assembly. The official text is the printed Vermont Statutes Annotated published by LexisNexis.
The Judiciary shall be a unified court system under the administrative control of the Supreme Court. It shall consist of an appellate division, which shall be the Supreme Court, and a trial division, which shall consist of a trial court of general jurisdiction to be known as the Superior Court, and a Judicial Bureau.
(Amended 2009, No. 154 (Adj. Sess.), § 1.)
(a) The Supreme Court shall have exclusive jurisdiction of appeals from judgments, rulings, and orders of the Superior Court, administrative agencies, boards, commissions, and officers unless otherwise provided by law.
(b) The Supreme Court shall have original jurisdiction, concurrent with the Superior Court, of proceedings in certiorari, mandamus, prohibition, and quo warranto and shall have jurisdiction to issue all writs, processes, and orders that may be necessary to the furtherance of justice and the regular execution of the law.
(Amended 1971, No. 185 (Adj. Sess.), § 5, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 2.)
The Supreme Court shall have administrative and disciplinary control of all judicial officers of the State, in addition to and not inconsistent with the constitutional powers of the General Assembly in those matters. It shall promulgate a Code of Judicial Ethics that shall be binding on those officers for disciplinary purposes. It may promulgate rules providing for the exercise of disciplinary control, including providing for the manner of making and disposing of complaints of violations of judicial ethics, a committee of the Judiciary for determining issues raised by complaints, and imposing sanctions, including when appropriate suspension from judicial duties for the balance of the term of the judicial officer charged.
(1965, No. 194, § 14; amended 2021, No. 105 (Adj. Sess.), § 1, eff. July 1, 2022.)
(a) The Supreme Court shall consist of one Chief Justice and four Associate Justices, appointed in accordance with the Constitution and chapter 15 of this title or retained in office under subsection (c) of this section.
(b) When the Office of Chief Justice becomes vacant for any reason, the duties of that Office shall forthwith devolve upon the Justice with the longest period of service on the Supreme Court until the appointment of a Chief Justice in accordance with the Constitution.
(c) A Supreme Court Justice may file in the Office of the Secretary of State, on or before September 1 of the year preceding the expiration of the term for which the Justice was appointed or retained, a declaration that the Justice will be a candidate for retention. However, a Justice appointed and having taken the oath of office after September 1 of the year preceding the expiration of the term of office shall automatically be a candidate for retention without filing notice. When a Justice files such a declaration, the Justice’s name shall be submitted to the General Assembly for a vote on retention. The General Assembly shall vote upon one ballot on the question “Shall the following Supreme Court Justices be retained in office?” The names of the Justices shall be followed by “Yes __ No __ .” If a majority of those voting on the question vote against retention, upon expiration of the term of office, a vacancy shall exist that shall be filled by appointment in accordance with the Constitution and chapter 15 of this title; if the majority vote is in favor of retention, the Justice shall, unless removed for cause, remain in office for another term and, at its end, shall be eligible for retention in office in the manner prescribed pursuant to this subsection.
(d) The Court Administrator shall notify the Secretary of State whenever a Justice is appointed and takes the oath of office after September 1 of the year preceding the expiration of the term of office to which the Justice has succeeded, thereby resulting in automatic notification of an intention to continue in office. Whenever a Justice files a declaration under subsection (c) of this section, or notification occurs automatically, the Secretary of State shall notify the President of the Senate, the Speaker of the House, the Office of Legislative Counsel, and the Office of Legislative Operations forthwith.
(Amended 1967, No. 306 (Adj. Sess.), § 1; 1969, No. 125, § 8; 1975, No. 204 (Adj. Sess.), § 1; 1981, No. 3, § 1; 1985, No. 98, § 1; 2019, No. 144 (Adj. Sess.), § 21; 2021, No. 105 (Adj. Sess.), § 2, eff. July 1, 2022.)
(a) The term of the Justices, except in case of an appointment to fill a vacancy, shall be for a term of six years from and including April 1 in the year of such appointment or retention under subsection 4(c) of this title. When a Justice of the Supreme Court who has sat at the hearing of a cause retires from office before such cause is decided, the Justice shall remain a member of such Court for the purpose of assisting in the decision thereof and of signing the entry order, provided that such service may extend only to the following term of Court. For such service, the Justice shall receive a reasonable compensation to be fixed by the Justices of such Court and reasonable expenses while on office business.
(b) A Justice shall remain in office until a successor is appointed and qualified, unless sooner removed for cause or unless he or she resigns.
(Amended 1975, No. 204 (Adj. Sess.), § 2; 1985, No. 98, § 2.)
A Justice of the Supreme Court shall not be an officer in a railroad, banking, or insurance corporation in this State.
[Repealed]
1979, No. 181 (Adj. Sess.), § 22.
The terms of the Supreme Court and times and places of those terms shall be stated by administrative order of the Supreme Court. The Court Administrator shall act as Clerk of the Supreme Court.
(Amended 1963, No. 15, § 1; 1967, No. 174, § 1; 1979, No. 181 (Adj. Sess.), § 2.)
[Repealed]
1977, No. 235 (Adj. Sess.), § 10.
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
[Repealed]
2021, No. 53, § 8 and 2021, No. 66, § 7, effective June 7, 2021.
The Justices of the Supreme Court shall in each even year appoint a reporter of the decisions of the Court and may fill a vacancy in such office.
(a) Each opinion of the Supreme Court shall be signed by one or more of the Justices and filed with the reporter of decisions.
(b) When a volume of the Vermont Reports has been published, the reporter shall transmit for preservation the original opinions in the cases printed in the volume to the clerk of the general term.
(c) On tender of the fees for a certified copy of any opinion, the reporter or clerk shall furnish the certified copy to any person applying for the same.
(d) The reporter shall forthwith furnish the Commissioner of Labor, free of charge, copies of all opinions filed involving the administration of the labor laws of the State.
(Amended 1971, No. 185 (Adj. Sess.), § 8, eff. March 29, 1972; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2021, No. 105 (Adj. Sess.), § 3, eff. July 1, 2022.)
[Repealed]
1977, No. 235 (Adj. Sess.), § 10.
The reporter shall annually prepare the decisions of the Court for publication, read the proof, and superintend the printing and binding thereof. All causes decided shall be reported within one year after the decisions are made.
The Office of Court Administrator is hereby created. He or she shall be appointed by and serve at the pleasure of the Supreme Court, which shall fix his or her salary and prescribe his or her duties from time to time. He or she shall devote full time to his or her official duties to the exclusion of engagement in any other business or profession for profit.
(Added 1967, No. 174, § 2.)
(a) The Chief Superior Judge shall assign and specially assign Superior judges, including themselves, and Environmental judges to the Superior Court. All Superior judges except Environmental judges shall be subject to the requirements of rotation as ordered by the Supreme Court. Assignments made pursuant to the rotation schedule shall be subject to the approval of the Supreme Court.
(b) In making any assignment under this section, the Chief Superior Judge shall give consideration to the experience, temperament, and training of a judge and the needs of the court. In making an assignment to the Environmental Division, the Chief Superior Judge shall give consideration to experience and expertise in environmental and land use law and shall assign or specially assign judges in a manner to provide appropriate attention to all geographic areas of the State.
(c) In making any assignments to the Environmental Division under this section, the Chief Superior Judge shall regularly assign two judges, at least one of whom shall be an Environmental judge. An Environmental judge may be assigned to other divisions in the Superior Court for a period of time not exceeding two years. When assigned to other divisions in the Superior Court, the Environmental judge shall have all the powers and responsibilities of a Superior judge.
(Added 1989, No. 221 (Adj. Sess.), § 2, eff. Oct. 1, 1990; amended 1993, No. 232 (Adj. Sess.), § 40; 1995, No. 181 (Adj. Sess.), § 20; 1999, No. 148 (Adj. Sess.), § 71, eff. May 24, 2000; 2001, No. 149 (Adj. Sess.), § 71, eff. June 27, 2002; 2003, No. 115 (Adj. Sess.), § 7, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 3; 2021, No. 147 (Adj. Sess.), § 8, eff. May 31, 2022.)
(a)(1) The Chief Justice may appoint and assign a retired Justice or judge, with the Justice’s or judge’s consent, or a Superior or Probate judge to a special assignment on the Supreme Court. The Chief Justice may appoint, and the Chief Superior Judge shall assign, an active or retired Justice or a retired judge, with the Justice’s or judge’s consent, to any special assignment in the Superior Court or the Judicial Bureau.
(2) The Chief Superior Judge may appoint and assign a judge to any special assignment in the Superior Court. For purposes of this subdivision, a judge shall include a Superior judge, a Probate judge, a Family Division magistrate, a judicial hearing officer, or a judicial master.
(b) The Chief Superior Judge may appoint and assign a member of the Vermont Bar residing within the State of Vermont to serve temporarily as:
(1) an acting judge in Superior Court;
(2) an acting magistrate;
(3) an acting Probate judge; or
(4) an acting hearing officer to hear cases in the Judicial Bureau.
(c) Special assignments may be made as a result of the disqualification, disability, or death of a Justice or judge, or because of the vacancy of a judicial office, or because the business of the court requires. When so designated and assigned and in the actual performance of those judicial duties, an appointee shall have all the powers and authority of the assigned judicial office, but not otherwise, and shall retain them until the duties devolving upon him or her are fully performed. A designated and assigned Justice or judge or acting judge shall not be counted in the number of Justices or judges provided by law.
(d) [Repealed.]
(e) The Supreme Court shall develop and provide whatever judicial training it deems necessary to enable persons who are specially assigned under this section to carry out their assigned judicial duties.
(f) In making an appointment under subsection (b) of this section, the Chief Superior Judge shall apply the criteria and standards for judicial appointments contained in section 601 of this title.
(Added 1973, No. 268 (Adj. Sess.), § 1, eff. April 1, 1974; amended 1977, No. 235 (Adj. Sess.), § 1; 1979, No. 181 (Adj. Sess.), § 3; 1995, No. 59, § 1; 1995, No. 181 (Adj. Sess.), § 18; 1997, No. 5, §§ 1, 2, eff. April 8, 1997; 1997, No. 121 (Adj. Sess.), § 1; 2001, No. 149 (Adj. Sess.), § 72, eff. June 27, 2002; 2003, No. 115 (Adj. Sess.), § 8, eff. Jan. 31, 2005; 2005, No. 167 (Adj. Sess.), § 9, eff. May 20, 2006; 2009, No. 154 (Adj. Sess.), § 4; 2013, No. 170 (Adj. Sess.), § 4, eff. Sept. 1, 2014; 2021, No. 147 (Adj. Sess.), § 9, eff. May 31, 2022; 2023, No. 46, § 2, eff. June 5, 2023.)
In the performance of judicial duties, the specially assigned judicial officer shall be entitled to a per diem equal to the daily compensation authorized for the judicial position to which he or she is assigned and necessary expenses. An acting judge in Criminal Division of the Superior Court shall receive $75.00 a day and necessary expenses. Payment of compensation for special judicial assignments shall not diminish the retirement compensation of retired judicial officers. However, a retired judicial officer shall not receive total annual compensation in excess of the annual salary of a Superior judge. Active judicial officers shall receive the compensation of their regular judicial office or that of the office to which they are specially assigned, whichever is greater.
(Added 1973, No. 268 (Adj. Sess.), § 2, eff. April 1, 1974; amended 1977, No. 235 (Adj. Sess.), § 2; 1979, No. 181 (Adj. Sess.), § 4; 2009, No. 154, § 238.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
(a) The Supreme Court is authorized to declare up to 12 unpaid Judicial Branch furlough days in a fiscal year and on those days may close the courts in the State. For purposes of implementing a furlough day, the Supreme Court is authorized to reduce on a daily or hourly basis all salaries established by 32 V.S.A. §§ 1003(c), 1141, and 1142 and all other salaries paid by the Judicial Branch. Furlough days declared under this section shall have the same effect as holidays under 1 V.S.A. § 371 for the purpose of counting time under the Rules of Court Procedure and the Vermont Statutes Annotated.
(b) The Supreme Court is authorized to pay on an hourly basis all persons whose compensation is established by 32 V.S.A. §§ 1010, 1511, and 1551 and 4 V.S.A. §§ 23, 75, and 356.
(c) The Supreme Court may allow Supreme Court Justices, Superior judges, Environmental judges, magistrates, hearing officers, Probate judges, Superior Court clerks, or any State-compensated employees of the Judicial Branch not covered by a collective bargaining agreement to take an administrative leave of absence without pay, or with pay if the person is called to active duty in support of an extended national or State military operation. These judicial officers and State employees shall be entitled to be compensated in the same manner as Judicial Branch employees covered by a collective bargaining agreement called to active duty. The Court Administrator, at the direction of the Supreme Court, shall include provisions in the personnel rules of the Judiciary to administer these leaves of absence.
(Added 1991, No. 50, § 97a; amended 1991, No. 189 (Adj. Sess.), § 7; 2003, No. 66, § 114a; 2003, No. 122 (Adj. Sess.), §§ 99a, 100; 2005, No. 66, § 4; 2009, No. 1 (Sp. Sess.), § E.204.1, eff. June 2, 2009; 2009, No. 154 (Adj. Sess.), § 5.)
Of the Superior judge positions authorized by this title, up to two may be shared, each by two half-time judges. Of the magistrate positions authorized by this title, one may be shared by two half-time magistrates. Of the hearing officer positions authorized by this title, one may be shared by two half-time hearing officers. Half-time Superior judges, magistrates, and hearing officers shall be paid proportionally and shall receive the same benefits as State employees who share a job. Half-time Superior judges, magistrates, and hearing officers shall not engage in the active practice of law for remuneration.
(Added 1995, No. 181 (Adj. Sess.), § 17; amended 1997, No. 121 (Adj. Sess.), § 36; 1999, No. 58, § 1; 2009, No. 154 (Adj. Sess.), § 6.)
There is established the Court Technology Special Fund that shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. Administrative fees collected pursuant to 13 V.S.A. § 7252 and revenue collected pursuant to fees established pursuant to sections 1105 and 1109 of this title shall be deposited and credited to this Fund. The Fund shall be available to the Judicial Branch to pay for contractual and operating expenses and project-related staffing not covered by the General Fund related to the following:
(1) the acquisition and maintenance of software and hardware needed for case management, electronic filing, an electronic document management system, and the expense of implementation, including training;
(2) the acquisition and maintenance of electronic audio and video court recording and conferencing equipment; and
(3) the acquisition, maintenance, and support of the Judiciary’s information technology network, including training.
(Added 2007, No. 65, § 61; amended 2007, No. 192 (Adj. Sess.), § 6.026; 2023, No. 46, § 3, eff. June 5, 2023.)
Every contract to provide broadband Internet access service, as defined in 3 V.S.A. § 348(d)(1), for the Judicial Branch shall include terms and conditions requiring that the Internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in 3 V.S.A. § 348.
(Added 2017, No. 169 (Adj. Sess.), § 6.)
(a) Any document that would otherwise require the approval or verification of a notary may be filed with the following language inserted above the signature and date:
“I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or to other sanctions in the discretion of the court.”
(b) A document filed pursuant to subsection (a) of this section shall not require the approval or verification of a notary.
(c) This section shall not apply to an affidavit in support of a search warrant application, an application for a nontestimonial identification order, an oath required by 14 V.S.A. §108, or consents and relinquishments in adoption proceedings governed by Title 15A.
(Added 2019, No. 77, § 4, eff. June 19, 2019; amended 2023, No. 46, § 4, eff. June 5, 2023.)
(a) The Municipal Ticket Repayment Revolving Fund is created for the purpose of facilitating the transfer of incorrectly deposited Judicial Bureau payments to the appropriate municipality. A municipality may request a loan from the Municipal Ticket Repayment Revolving Fund in the amount owed another municipality if the municipality requesting the loan:
(1) received payments from the Judicial Bureau that were actually owed to the other municipality for penalties collected by the Judicial Bureau for violations of an ordinance within the other municipality; and
(2) received such payments from the Judicial Bureau between June 30, 2004 and June 30, 2007.
(b) The Court Administrator shall have the authority to approve all loans from the Municipal Ticket Repayment Revolving Fund. To request a loan from the Fund, a municipality shall file an application on a form approved by the Court Administrator by July 1, 2008. The application shall contain the following information:
(1) an agreement, signed by both municipalities, defining the amount owed by one municipality to the other; and
(2) a plan for the municipality requesting the loan to repay the Fund by July 1, 2013. The plan may authorize the Court Administrator to withhold Judicial Bureau violation payments to the municipality requesting the loan for deposit into the Fund.
(c) The maximum loan balance at any time shall be $250,000.00 for one municipality and $400,000.00 for all municipalities. The Court Administrator shall administer the Municipal Ticket Repayment Revolving Fund and shall establish procedures to allocate the available funds fairly and equitably. Upon the recommendation of the Court Administrator, the Secretary of Administration shall approve spending in anticipation of receipts from the Fund up to a maximum of $220,000.00.
(d) Nothing in this section shall prohibit the sending or receiving municipality from otherwise agreeing on, or bringing a civil action to resolve, overpayment issues prior to June 30, 2004.
(e) Upon completion of the agreements authorized by this section, the remaining balance in the Fund shall be deposited in the Court Technology Special Fund pursuant to section 27 of this title.
(Added 2007, No. 51, § 16; amended 2007, No. 90 (Adj. Sess.), § 83, eff. March 6, 2008; 2013, No. 50, § E.204.)
[Reserved]
(a)(1) A Superior Court having statewide jurisdiction is created. The Superior Court shall have the following divisions:
(A) A Civil Division, which shall be a court of record and have jurisdiction over the matters described in section 31 of this title. The Vermont Rules of Civil Procedure shall apply in the Civil Division.
(B) A Criminal Division, which shall be a court of record and have jurisdiction over the matters described in section 32 of this title. The Vermont Rules of Criminal Procedure shall apply to criminal matters in the Criminal Division, and the Vermont Rules of Civil Procedure shall apply to civil matters in the Criminal Division.
(C) A Family Division, which shall be a court of record and have jurisdiction over the matters described in section 33 of this title. The Vermont Rules of Family Procedure shall apply in the Family Division.
(D) An Environmental Division, which shall be a court of record and have jurisdiction over the matters described in section 34 of this title. The Vermont Rules for Environmental Proceedings shall apply in the Environmental Division.
(E) A Probate Division, which shall have jurisdiction over the matters described in section 35 of this title. The Vermont Rules of Probate Procedure shall apply in the Probate Division.
(2) The Supreme Court shall promulgate rules, subject to review by the Legislative Committee on Judicial Rules under 12 V.S.A. chapter 1, that establish criteria for the transfer of cases between divisions.
(b) The Supreme Court shall by rule divide the Superior Court into 14 geographical units that shall follow county lines, except that, subject to the venue requirements of subsection 1001(e) of this title, the Environmental Division shall be a court of statewide jurisdiction and shall not be otherwise divided into geographical units. The Superior Court shall be held in each unit of the State.
(c) Terms of the Superior Court shall be stated by administrative orders of the Supreme Court. The Court Administrator shall provide appropriate security services for each court in the State.
(Added 2009, No. 154 (Adj. Sess.), §§ 7, 7a.)
The Civil Division shall have:
(1) original and exclusive jurisdiction of all original civil actions, except as otherwise provided in sections 2, 32, 33, 34, 35, and 1102 of this title;
(2) appellate jurisdiction of causes, civil and criminal, appealable to the court;
(3) original jurisdiction, concurrent with the Supreme Court, of proceedings in certiorari, mandamus, prohibition, and quo warranto;
(4) exclusive jurisdiction to hear and dispose of any requests to modify or enforce orders in civil cases previously issued by the Superior or District Court other than orders relating to those actions listed in sections 437 and 454 of this title; and
(5) jurisdiction to hear and dispose of any other matter brought before the court pursuant to law that is not subject to the jurisdiction of another division.
(Added 2009, No. 154 (Adj. Sess.), § 7b; amended 2013, No. 34, § 1.)
(a) The Criminal Division shall have jurisdiction to try, render judgment, and pass sentence in prosecutions for felonies and misdemeanors.
(b) The Criminal Division shall have jurisdiction to try and finally determine prosecutions for violations of bylaws or ordinances of a village, town, or city, except as otherwise provided.
(c) The Criminal Division shall have jurisdiction of the following civil actions:
(1) appeals of final decisions of the Judicial Bureau;
(2) DUI license suspension hearings filed pursuant to 23 V.S.A. chapter 24;
(3) extradition proceedings filed pursuant to 13 V.S.A. chapter 159;
(4) drug forfeiture proceedings under 18 V.S.A. chapter 84, subchapter 2;
(5) fish and wildlife forfeiture proceedings under 10 V.S.A. chapter 109;
(6) liquor forfeiture proceedings under 7 V.S.A. chapter 19;
(7) hearings relating to refusal to provide a DNA sample pursuant to 20 V.S.A. § 1935;
(8) automobile forfeiture and immobilization proceedings under 23 V.S.A. chapters 9 and 13;
(9) sex offender proceedings pursuant to 13 V.S.A. §§ 5411(e) and 5411d(f);
(10) restitution modification proceedings pursuant to 13 V.S.A. § 7043(k);
(11) municipal parking violation proceedings pursuant to 24 V.S.A. § 1974a(e) if the municipality has established an administrative procedure enabling a person to contest the violation and the person has exhausted the administrative procedure;
(12) proceedings to enforce 9 V.S.A. chapter 74, relating to energy efficiency standards for appliances and equipment; and
(13) proceedings to enforce 30 V.S.A. § 53, relating to commercial building energy standards.
(Added 2009, No. 154 (Adj. Sess.), § 7c; amended 2023, No. 46, § 5, eff. June 5, 2023.)
(a) Notwithstanding any other provision of law to the contrary, the Family Division shall have exclusive jurisdiction to hear and dispose of the following proceedings filed or pending on or after October 1, 1990:
(1) All desertion and support proceedings and all parentage actions filed pursuant to 15 V.S.A. chapter 5.
(2) All rights of married women proceedings filed pursuant to 15 V.S.A. chapter 3.
(3) All enforcement of support proceedings filed pursuant to Title 15B.
(4) All annulment and divorce proceedings filed pursuant to 15 V.S.A. chapter 11.
(5) All parent and child proceedings filed pursuant to 15 V.S.A. chapter 15.
(6) Grandparents’ visitation proceedings filed pursuant to 15 V.S.A. chapter 18.
(7) All uniform child custody proceedings filed pursuant to 15 V.S.A. chapter 20.
(8) All proceedings filed pursuant to 33 V.S.A. chapters 51, 52, 52A, and 53, including proceedings involving “youthful offenders” pursuant to 33 V.S.A. § 5281 whether the matter originated in the Criminal or Family Division of the Superior Court, except for a proceeding charging the holder of a commercial driver’s license or commercial learner’s permit as defined in 23 V.S.A. § 4103 or operating a commercial motor vehicle with any offense or violation of any traffic control law other than parking, vehicle weight, or vehicle defect violations.
(9) All enforcement of support proceedings filed pursuant to 33 V.S.A. chapter 39.
(10) All guardianship services proceedings for persons with developmental disabilities filed pursuant to 18 V.S.A. chapter 215.
(11) All mental health proceedings filed pursuant to 18 V.S.A. chapters 179, 181, and 185.
(12) All involuntary sterilization proceedings filed pursuant to 18 V.S.A. chapter 204.
(13) All care for persons with intellectual disabilities proceedings filed pursuant to 18 V.S.A. chapter 206.
(14) All abuse prevention proceedings filed pursuant to 15 V.S.A. chapter 21. Any Superior judge may issue orders for emergency relief pursuant to 15 V.S.A. § 1104.
(15) All abuse and exploitation proceedings filed pursuant to 33 V.S.A. chapter 69, subchapter 2.
(16) All proceedings relating to the dissolution of a civil union.
(17) All requests to modify or enforce orders previously issued by the District or Superior Court relating to any of the proceedings identified in subdivisions (1)-(16) of this subsection.
(18) Concurrent with the Probate Division, special immigration judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. § 1101(a)(27)(J) and 8 C.F.R. § 204.11) issued pursuant to 14 V.S.A. chapter 111, subchapter 14.
(b) The Family Division of the Superior Court has jurisdiction to hear and dispose of proceedings involving motor vehicle offenses filed pursuant to 33 V.S.A. §§ 5201, 5203, 5280, and 5281. The Family Division of the Superior Court shall forward a record of any conviction or adjudication for violation of a law related to motor vehicle traffic control, other than a parking violation, to the Commissioner of Motor Vehicles pursuant to 23 V.S.A. § 1709. As used in this subsection, “conviction” has the same meaning as in 23 V.S.A. § 4(60).
(Added 2009, No. 154 (Adj. Sess.), § 7d; amended 2011, No. 29, § 2; 2013, No. 96 (Adj. Sess.), § 11; 2015, No. 153 (Adj. Sess.), § 19; 2019, No. 167 (Adj. Sess.), § 27, eff. Oct. 7, 2020; 2021, No. 65, § 13, eff. June 7, 2021; 2025, No. 41, § 1, eff. July 1, 2025.)
The Environmental Division shall have:
(1) jurisdiction of matters arising under 10 V.S.A. chapters 201 and 220;
(2) jurisdiction of matters arising under 24 V.S.A. chapter 61, subchapter 12 and chapter 117; and
(3) original jurisdiction to revoke permits under 10 V.S.A. chapter 151.
(Added 2009, No. 154 (Adj. Sess.), § 7e.)
The Probate Division shall have jurisdiction of:
(1) the probate of wills;
(2) the settlement of estates;
(3) the administration of trusts pursuant to Title 14A;
(4) trusts of absent persons’ estates;
(5) charitable, cemetery, and philanthropic trusts;
(6) the appointment of guardians, and of the powers, duties, and rights of guardians and wards;
(7) proceedings concerning 18 V.S.A. chapter 231;
(8) accountings of attorneys-in-fact where no guardian has been appointed and the agent has reason to believe the principal is incompetent;
(9) adoptions and relinquishment for adoption;
(10) uniform gifts to minors;
(11) changes of name;
(12) issuance of new birth certificates and amendment of birth certificates;
(13) correction or amendment of civil marriage certificates and death certificates;
(14) emergency waiver of premarital medical certificates;
(15) proceedings relating to cemetery lots;
(16) trusts relating to community mausoleums or columbaria;
(17) civil actions brought under 18 V.S.A. chapter 107, subchapter 3, relating to disposition of remains;
(18) proceedings relating to the conveyance of a homestead interest of a spouse under a legal disability;
(19) the issuance of declaratory judgments;
(20) issuance of certificates of public good authorizing the civil marriage of persons under 16 years of age;
(21) appointment of administrators to discharge mortgages held by deceased mortgagees;
(22) appointment of trustees for persons confined under sentences of imprisonment;
(23) fixation of compensation and expenses of boards of arbitrators of death taxes of Vermont domiciliaries;
(24) emancipation of minors proceedings filed pursuant to 12 V.S.A. chapter 217;
(25) grandparent visitation proceedings under 15 V.S.A. chapter 18;
(26) other matters as provided by law; and
(27) concurrent with the Family Division, special immigration judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. § 1101(a)(27)(J) and 8 C.F.R. § 204.11) issued pursuant to 14 V.S.A. chapter 111, subchapter 14.
(Added 2009, No. 154 (Adj. Sess.), § 7f, eff. Feb. 1, 2011; amended 2019, No. 167 (Adj. Sess.), § 28, eff. Oct. 7, 2020.)
(a) Composition of the court. Unless otherwise specified by law, when in session, a Superior Court shall consist of:
(1) For cases in the Civil or Family Division, one presiding Superior judge and two assistant judges, if available.
(2)(A) For cases in the Family Division, except as provided in subdivision (B) of this subdivision (2), one presiding judicial officer and two assistant judges, if available.
(B) The Family Division shall consist of one presiding judicial officer sitting alone in the following proceedings:
(i) all juvenile proceedings filed pursuant to 33 V.S.A. chapters 51, 52, and 53, including proceedings involving “youthful offenders” pursuant to 33 V.S.A. § 5281, whether the matter originated in the Criminal or Family Division of the Superior Court;
(ii) all guardianship services proceedings for persons with developmental disabilities filed pursuant to 18 V.S.A. chapter 215;
(iii) all mental health proceedings filed pursuant to 18 V.S.A. chapters 179, 181, and 185;
(iv) all involuntary sterilization proceedings filed pursuant to 18 V.S.A. chapter 204;
(v) all care for persons with intellectual disabilities proceedings filed pursuant to 18 V.S.A. chapter 206; and
(vi) all proceedings specifically within the jurisdiction of the office of magistrate except child support contempt proceedings held pursuant to a magistrate’s jurisdiction under subdivision 461(a)(1) of this title.
(C) Use of the term “judicial officer” in subdivisions (A) and (B) of this subdivision (2) shall not be construed to expand a judicial officer’s subject-matter jurisdiction or conflict with the authority of the Chief Justice or Chief Superior Judge to make special assignments pursuant to section 22 of this title.
(3) For cases in the Criminal Division, one Superior judge sitting alone.
(4) For cases in the Probate Division, one Probate judge sitting alone.
(5) For cases in the Environmental Division, one Environmental judge sitting alone.
(b) Questions of law and fact. In all proceedings, questions of law shall be decided by the presiding judge. In cases not tried before a jury, questions of fact shall be decided by the court. Mixed questions of law and fact shall be deemed to be questions of law. The presiding judge alone shall decide which are questions of law, questions of fact, and mixed questions of law and fact. Written or oral stipulations of fact submitted by the parties shall establish the facts in the submitted stipulation, except that the presiding judge, in the presiding judge’s discretion, may order a hearing on any such stipulated fact. Neither the decision of the presiding judge under this subsection nor participation by an assistant judge in a ruling of law shall be grounds for reversal unless a party makes a timely objection and raises the issue on appeal.
(c) Availability of assistant judges. If two assistant judges are not available, the court shall consist of one presiding judge and one assistant judge. In the event that court is being held by the presiding judge and one assistant judge and they do not agree on a decision, a mistrial shall be declared. If neither assistant judge is available, the court shall consist of the presiding judge alone, and the unavailability of an assistant judge shall not constitute reversible error.
(d) Method of determining availability. Before commencing a hearing in any matter in which the court by law may consist of the presiding judge and assistant judges, the assistant judges physically present in the courthouse shall determine whether they are available for the case. If two or more cases are being heard at one time and assistant judges may by law participate in either, each assistant judge may determine in which case he or she will participate.
(e) Duty to complete hearing or trial. After an assistant judge has decided to participate in a hearing or trial, the assistant judge shall not withdraw from the hearing or trial except for cause. However, if the assistant judge is not available for a scheduled hearing or trial or becomes unavailable during trial, the matter may continue without the assistant judge’s participation, and the assistant judge may not return to participate.
(f) Emergency relief. A presiding judge may hear a petition for emergency relief when the court is not sitting and may issue temporary orders as necessary.
(g) Jury trial. In order to preserve the right to trial by jury, when issues sounding in law and in equity are presented in the same action, the Supreme Court shall provide by rule for trial by jury, when demanded, of issues sounding in law.
(Added 2009, No. 154 (Adj. Sess.), § 8; amended 2013, No. 96 (Adj. Sess.), § 12; 2013, No. 185 (Adj. Sess.), § 1, eff. June 11, 2014; 2021, No. 105 (Adj. Sess.), § 4, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 10, eff. May 31, 2022; 2023, No. 6, § 10, eff. July 1, 2023; 2023, No. 46, § 6, eff. June 5, 2023.)
(a) The venue for all actions filed in the Superior Court, whether heard in the Civil, Criminal, Family, Environmental, or Probate Division, shall be as provided in law.
(b) Notwithstanding any other provision of law, the Supreme Court may promulgate venue rules, subject to review by the Legislative Committee on Judicial Rules under 12 V.S.A. chapter 1, which are consistent with the following policies:
(1) Proceedings involving a case shall be heard in the unit in which the case was brought, subject to the following exceptions:
(A) when the parties have agreed otherwise;
(B) status conferences, minor hearings, or other nonevidentiary proceedings; or
(C) when a change in venue is necessary to ensure access to justice for the parties or required for the fair and efficient administration of justice.
(2) The electronic filing of cases on a statewide basis should be facilitated, and the Court is authorized to promulgate rules establishing an electronic case-filing system.
(3) The use of technology to ease travel burdens on citizens and the courts should be promoted. For example, venue requirements should be deemed satisfied for some court proceedings when a person, including a judge, makes an appearance via video technology, even if the judge is not physically present in the same location as the person making the appearance.
(4)(A) Subject to subdivision (B) of this subdivision (4), in proceedings involving the termination of parental rights, the Supreme Court is authorized to designate a region of no more than four counties in which the venue for specified types of cases in the region shall be the region as a whole, irrespective of the county in which the venue would lie for the case under the governing statute. A designation under this subdivision shall be made by rule and shall be reviewed by the Legislative Committee on Judicial Rules pursuant to 12 V.S.A. § 1.
(B) A region designated pursuant to subdivision (A) of this subdivision (4) shall not include Grand Isle or Essex County for purposes of permitting termination of parental rights proceedings originating in Grand Isle or Essex County to be heard in other counties or regions unless all parties consent. This subdivision shall not preclude termination of parental rights proceedings originating in other counties from being heard in Grand Isle or Essex County.
(Added 2009, No. 154 (Adj. Sess.), § 9; amended 2015, No. 167 (Adj. Sess.), § 4, eff. June 6, 2016.)
(a) The Chief Superior Judge may appoint a licensed Vermont lawyer who has been engaged in the practice of law in Vermont for at least the last five years to serve as a Judicial Master. The Judicial Master shall be an employee of the Judiciary and be subject to the Code of Judicial Conduct. A Judicial Master shall not engage in the active practice of law for remuneration while serving in this position. In making this appointment, the Administrative Judge shall apply the criteria and standards for judicial appointments contained in section 601 of this title. The Judicial Master may hear and decide the following matters as designated by the Administrative Judge:
(1) In the Criminal Division of the Superior Court, proceedings in treatment court dockets, as approved by the presiding judge, to ensure compliance with court orders, including attendance and participation with a treatment plan, imposition of sanctions and incentives, including incarceration in the course of the program and dismissal from the program due to noncompliance; the Master shall not have authority to accept pleas or to impose sentences, to hear motions to suppress, or to dismiss for lack of a prima facie case.
(2) In the Family Division of the Superior Court, in juvenile proceedings, as approved by the presiding judge, to ensure compliance with existing court orders, including attendance and participation in substance abuse, mental health, and other court-ordered counseling; compliance with and modification of parent-child contact; to act as the administrative body to conduct permanency hearings pursuant to 33 V.S.A. § 5321(g) unless a contested permanency hearing becomes necessary; and to provide case management of juvenile proceedings; the Master shall not have the authority to hear temporary care hearings, requests for juvenile protective orders, or hearings on the merits or to conduct disposition hearings.
(3) In the Family Division of the Superior Court, proceedings, with the approval of the presiding judge, to ensure compliance with existing court orders relating to parent-child contact; to act as a Master pursuant to Rule 53 of the Vermont Rules of Civil Procedure where no order has been made pursuant to 32 V.S.A. § 1758(b); and to provide case management of proceedings with 15 V.S.A. chapters 5, 11, 15, and 18; the Master shall not have authority to determine divorce or parentage actions, parental rights and responsibilities, or spousal maintenance or modifications of such orders.
(b) The Judicial Master may be appointed to serve as an acting judge pursuant to subsection 22(b) of this title in any matter in which he or she has not previously acted as a Judicial Master.
(c) The decision of a Judicial Master under this section shall have the same effect as a decision of a Superior judge, except when acting as a Master pursuant to subdivision (a)(3) of this section.
(Added 2015, No. 167 (Adj. Sess.), § 1, eff. June 6, 2016; amended 2021, No. 105 (Adj. Sess.), § 5, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 11, eff. May 31, 2022; repealed on July 1, 2025 by 2019, No. 77, § 25.)
(Added 2015, No. 167 (Adj. Sess.), § 1, eff. June 6, 2016; amended 2021, No. 105 (Adj. Sess.), § 5, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 11, eff. May 31, 2022; repealed on July 1, 2025 by 2019, No. 77, § 25.)
[Subsection (a) effective until July 1, 2026; see also subsection (a) effective July 1, 2026 set out below.]
(a) On or before October 1 each year, any county requesting capital funds for its courthouse, or court operations, shall submit a request to the Court Administrator.
[Subsection (a) effective July 1, 2026; see also subsection (a) effective until July 1, 2026 set out above.]
(a) On or before October 1 each year, any county requesting capital funds for its courthouse, or court operations, shall submit a request to the Court Administrator. As used in this subsection, “court operations” does not include operating expenses.
[Subsection (b) effective until July 1, 2026; see also subsection (b) effective July 1, 2026 set out below.]
(b) The Court Administrator shall evaluate requests based on the following criteria:
(1) whether the funding request relates to an emergency that will affect the court operations and the administration of justice;
(2) whether there is a State-owned courthouse in the county that could absorb court activities in lieu of this capital investment;
(3) whether the county consistently has invested in major maintenance in the courthouse;
(4) whether the request relates to a State-mandated function;
(5) whether the request diverts resources of other current Judiciary capital priorities;
(6) whether the request is consistent with the long-term capital needs of the Judiciary, including providing court services adapted to modern needs and requirements; and
(7) any other criteria as deemed appropriate by the Court Administrator.
[Subsection (b) effective July 1, 2026; see also subsection (b) effective until July 1, 2026 set out above.]
(b) The Court Administrator shall evaluate requests based on the following criteria:
(1) whether the funding request is consistent with a capital program developed pursuant to 24 V.S.A. § 133(e)(3);
(2) whether the project that is the subject of the request has been included in the list of capital projects in the county’s budget pursuant to 24 V.S.A. § 133(e)(1), and, if so, the description of the project included in the budget;
(3) whether the county has established a capital reserve fund pursuant to 24 V.S.A. § 133(e)(3), and, if so, the amount of annual contributions the county has made to the fund;
(4) whether the funding request relates to an emergency that will affect the court operations and the administration of justice;
(5) whether there is a State-owned courthouse in the county that could absorb court activities in lieu of this capital investment;
(6) whether the county consistently has invested in major maintenance in the courthouse;
(7) whether the request relates to a State-mandated function;
(8) whether the request diverts resources of other current Judiciary capital priorities;
(9) whether the request is consistent with the long-term capital needs of the Judiciary, including providing court services adapted to modern needs and requirements; and
(10) any other criteria as deemed appropriate by the Court Administrator.
(c) Based on the criteria described in subsection (b) of this section, the Court Administrator shall make a recommendation to the Commissioner of Buildings and General Services regarding whether the county’s request should be included as part of the Judiciary’s request for capital funding in the Governor’s annual proposed capital budget request.
(d) On or before January 15 of each year, the Court Administrator shall advise the House Committee on Corrections and Institutions and the Senate Committee on Institutions of all county requests received and the Court Administrator’s recommendations for the proposed capital budget request.
(Added 2015, No. 160 (Adj. Sess.), § 31; amended 2025, No. 64, § 29, eff. July 1, 2026.)
Annually, on or before January 15, the State Court Administrator shall submit a report to the House Committees on General and Housing and on Government Operations and Military Affairs and the Senate Committee on Government Operations identifying for each of the two prior calendar years:
(1) the total number of individuals employed by the Judiciary Department on a temporary basis who have worked in excess of 1,280 hours in the prior calendar year, excluding employees identified in 3 V.S.A. § 1011(7), (8)(A)-(D), (8)(F)-(G), and (8)(I)-(K);
(2) the total number of temporary positions in which one or more individuals have been employed for a combined total of more than 1,280 hours, excluding positions filled by employees identified in 3 V.S.A. § 1011(7), (8)(A)-(D), (8)(F)-(G), and (8)(I)-(K);
(3) the total number of hours worked by each temporary employee identified pursuant to subdivision (1) of this section; and
(4) the total number of years during which each temporary employee identified pursuant to subdivision (1) of this section has worked for the Judiciary Department.
(Added 2019, No. 58, § 6.)
(a) Authorization. The Court Administrator shall define the scope of duties for Judiciary-employed Court Security Officers. The Court Administrator shall have direct authority over Judiciary-employed Court Security Officers and may authorize them to perform judicial security officer functions necessary for the performance of their duties.
(b) Training. The Court Administrator shall develop a training program pursuant to appropriate training standards to perform judicial security officer functions. The Court Administrator shall establish a use of force policy based on State standards.
(c) Training; equipment. At the direction of the Court Administrator and with the approval of the Court Security and Safety Program Manager, Judiciary-employed Court Security Officers shall be provided with training and equipment necessary for the performance of their duties. Equipment provided pursuant to this subsection shall remain the property of the Judiciary.
(d) Coordination of Judiciary security. Judiciary-employed Court Security Officers shall provide security at court properties and at other court-related functions for the Vermont Judiciary at the direction of the Court Administrator.
(e) Construction. This section shall not be construed to limit the Court Administrator’s authority to hire additional court security personnel, including private security guards and County Sheriffs.
(Added 2023, No. 161 (Adj. Sess.), § 1, eff. June 6, 2024.)
(a) The number of Superior judges shall be as determined by the General Assembly. The term of office of a Superior judge shall, except in the case of an appointment to fill a vacancy or unexpired term, begin on April 1 in the year of their appointment or retention and continue for six years.
(b) A Superior judge may file in the Office of the Secretary of State, on or before September 1 of the year preceding the expiration of the term for which the Superior judge was appointed or retained, a declaration that the Superior judge will be a candidate for retention. However, a Superior judge appointed and having taken the oath of office after September 1 of the year preceding the expiration of the term of office shall automatically be a candidate for retention without filing notice. When a judge files such a declaration, the judge’s name shall be submitted to the General Assembly for a vote on retention. The General Assembly shall vote upon one ballot on the question “Shall the following Superior judges be retained in office?” The names of the judges shall be listed followed by “Yes __ No __ .” If a majority of those voting on the question vote against retention, upon expiration of the term of office, a vacancy shall exist that shall be filled by appointment in accordance with the Constitution and chapter 15 of this title; if the majority vote is in favor of retention, the judge shall, unless removed for cause, remain in office for another term and, at its end, shall be eligible for retention in office in the manner prescribed pursuant to this subsection.
(c) The Court Administrator shall notify the Secretary of State whenever a Superior judge is appointed and takes the oath of office after September 1 of the year preceding the expiration of the term of office to which the judge has succeeded, thereby resulting in automatic notification of an intention to continue in office. Whenever a Superior judge files a declaration under subsection (b) of this section or notification occurs automatically, the Secretary of State shall notify the President of the Senate, the Speaker of the House, the Office of Legislative Counsel, and the Office of Legislative Operations forthwith.
(d) A Superior judge shall remain in office until a successor is appointed and qualified, unless sooner removed for cause or unless he or she resigns.
(e) The Supreme Court shall designate one of the Superior judges to serve as Chief Superior Judge. The Chief Superior Judge shall serve at the pleasure of the Supreme Court.
(Amended 1966, No. 64 (Sp. Sess.), § 4, eff. Jan. 1, 1967; 1969, No. 125, § 9; 1973, No. 106, § 1, eff. May 25, 1973; 1973, No. 159 (Adj. Sess.), §§ 1, eff. March 15, 1974; 1975, No. 204 (Adj. Sess.), § 3; 1975, No. 206 (Adj. Sess.), § 1; 1979, No. 182 (Adj. Sess.), §§ 1, 3; 1981, No. 3, § 2; 1985, No. 98, § 3; 1989, No. 221 (Adj. Sess.), § 5; 1999, No. 152 (Adj. Sess.), § 91; 2001, No. 63, § 91; 2009, No. 154 (Adj. Sess.), § 10; 2015, No. 68 (Adj. Sess.), § 60b, eff. March 8, 2016; 2019, No. 144 (Adj. Sess.), § 22; 2021, No. 105 (Adj. Sess.), § 6, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 12, eff. May 31, 2022; 2025, No. 64, § 2, eff. June 12, 2025.)
A Superior judge shall not be an officer in a railroad, banking, or insurance corporation in this State.
(a) In accordance with the direction of the Supreme Court, the Chief Superior Judge shall assign the Superior judges among the units and divisions of the Superior Court. The Chief Superior Judge shall assign a presiding judge to each unit and may assign a judge to preside in more than one unit. In a case where a Superior judge is disqualified or unable to attend any term of court or part thereof to which the Superior Judge has been assigned, the Chief Superior Judge may assign another Superior judge to act as judge at that term or part thereof for that period during which the assigned judge is disqualified or unable to attend. If during a term of the Superior Court the court in a unit is unable to complete all or part of the work before it in a reasonable time, the Chief Superior Judge, with the approval of the Supreme Court, may modify judge assignments to reduce delays in that unit. The court shall publish the judicial rotation schedule in electronic format and distribute it electronically to attorneys licensed in Vermont.
(b) Pursuant to section 21a of this title, the Chief Superior Judge shall assign Superior judges to hear and determine Family Court matters. The Chief Superior Judge shall ensure that such hearings are held promptly. Any contested divorce case that has been pending for more than one year shall be advanced for prompt hearing upon the request of any party.
(c) As necessary to ensure the efficient operation of the Superior Court, the presiding judge of the unit may specially assign a Superior judge assigned to a division in the unit, including the presiding judge, to preside over one or more cases in a different division. As the Chief Superior Judge determines necessary for the operation of the Superior Court throughout the State, and with the approval of the Supreme Court, the Chief Superior Judge may additionally assign for a specified period of time a Superior judge to preside over a particular type of case, or over a particular type of motion or other judicial proceeding, in all or part of the units in the State.
(Amended 1971, No. 185 (Adj. Sess.), § 9, eff. March 29, 1972; 1979, No. 181 (Adj. Sess.), § 5; 1981, No. 219 (Adj. Sess.), § 1; 1985, No. 63, § 3; 1999, No. 148 (Adj. Sess.), § 72, eff. May 24, 2000; 2009, No. 154 (Adj. Sess.), § 11; 2021, No. 147 (Adj. Sess.), § 13, eff. May 31, 2022.)
[Repealed]
1977, No. 235 (Adj. Sess.), § 10.
Whenever the term of office of a Justice, Superior judge, Environmental judge, magistrate, or hearing officer expires or he or she otherwise vacates the office, the Justice, judge, magistrate, or hearing officer shall have the same authority to conclude causes he or she has partly or fully heard that he or she would have had if remaining in that office. The Justice, judge, magistrate, or hearing officer may make and sign findings and orders for judgments or decrees in causes pending before him or her, may make interlocutory orders and decrees, and shall be paid compensation commensurate with that paid specially assigned judicial officers as provided by section 23 of this title.
(Amended 1977, No. 235 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 12.)
(a) When the business of a Superior Court cannot otherwise be disposed of with reasonable dispatch, by direction of the Chief Superior Judge, there may be held additional sessions of that Superior Court simultaneously with the regular session consisting of a presiding judge and one or more assistant judges, if available.
(b) A Superior Court may be temporarily recessed or adjourned from the place designated for holding a regular term or session to another place having adequate facilities when the regular facilities at the designated courthouse are not adequate.
(c) The Chief Superior Judge may assign assistant judges, with their consent, to a special assignment in a court where they have jurisdiction in another county when assistant judges of that county are unavailable or the business of the courts so requires.
(Amended 1971, No. 185 (Adj. Sess.), § 11, eff. March 29, 1972; 1979, No. 181 (Adj. Sess.), § 6; 1981, No. 60; 1983, No. 201 (Adj. Sess.), § 1, eff. April 27, 1984; 1999, No. 148 (Adj. Sess.), § 73, eff. May 24, 2000; 2009, No. 154 (Adj. Sess.), § 13; 2021, No. 147 (Adj. Sess.), § 14, eff. May 31, 2022.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
2009, No. 154 (Adj. Sess.), § 14.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
The Superior Court shall operate continuously irrespective of the term in which events occur. Terms are designated for purposes of determining the rotation schedule of Superior judges and the responsibility of a Superior judge once a term has expired. When at the expiration of a term a Superior judge is no longer assigned to a specified unit, the judge shall complete any matters that have been heard or taken under advisement for that unit. The Chief Superior Judge, pursuant to rules of the Supreme Court, may specially assign a Superior judge to continue to preside over one or more cases even though the judge is no longer assigned to the unit of origin of the case or cases. In the absence of such a direction or of an assignment made pursuant to subsection 73(c) of this title, a judge who at the end of a term is no longer assigned to a unit shall have no further responsibility for cases in that unit.
(Amended 1963, No. 15, § 2; 1965, No. 51, §§ 1-3; 1973, No. 106, § 2, eff. May 25, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 15; 2021, No. 147 (Adj. Sess.), § 15, eff. May 31, 2022.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
1969, No. 129, § 5, eff. date, see note set out below.
The powers and jurisdiction of the courts that were previously vested in the courts of chancery are vested in the Superior Court. Superior, Environmental, and Probate judges have the powers of a chancellor in passing upon all civil matters that may come before them.
(1969, No. 129, § 1, eff. date, see note set out below; amended 1971, No. 185 (Adj. Sess.), § 14, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1983, No. 201 (Adj. Sess.), § 3, eff. April 27, 1984; 2009, No. 154 (Adj. Sess.), § 16; 2021, No. 105 (Adj. Sess.), § 7, eff. July 1, 2022.)
[Repealed]
1979, No. 181 (Adj. Sess.), § 22.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.
(a) There shall be one Probate district in each county, which shall be designated by the name of the county. Each Probate district shall elect one Probate judge.
(b) To hold the position of Probate judge, a person shall be admitted by the Supreme Court to practice law. This subsection shall not apply to any person who holds the office of Probate judge on July 1, 2010.
(c) The Chief Superior Judge may specially assign a Probate judge to hear a case in a geographical district other than the district for which the Probate judge was elected.
(Added 2009, No. 154 (Adj. Sess.), § 17; amended 2021, No. 147 (Adj. Sess.), § 16, eff. May 31, 2022.)
[Repealed]
2009, No. 4, § 120, eff. April. 24, 2009.
[Repealed]
1993, No. 171 (Adj. Sess.), § 3, eff. June 1, 1994.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.
(a) 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.
(b) In the event a probate matter arises in the Superior Court over which an assistant judge is also the Probate judge who presides, or has presided, over the same or related probate matter in the Probate Court, the assistant judge shall be disqualified from hearing and deciding the probate matter in the Superior Court.
(c) In the event a probate matter arises in the Probate Court over which a Probate judge is also an assistant judge who presides, or has presided, over the same or related probate matter in the Superior Court, the Probate judge shall be disqualified from hearing and deciding the probate matter in the Probate Court.
(Added 2009, No. 154 (Adj. Sess.), § 17a.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.
For proceedings authorized to the Probate Division of Superior Court, venue shall lie as provided in Title 14A for the administration of trusts, and otherwise in a probate district as follows:
(1) Decedent’s estate for a resident of this State: in the district where the decedent resided at the time of death.
(2) Decedent’s estate for a nonresident of this State: in any district where estate of the decedent is situated.
(3) Appointment of a conservator for the estate of an absent person:
(A) in the district of the absent person’s last legal domicile; or
(B) if a nonresident of this State, in any district where estate of the absent person is situated.
(4) [Repealed.]
(5) Appointment of a trustee for the estate of an absent person:
(A) in the district of the absent person’s last legal domicile; or
(B) if the absent person has no domicile in this State, in any district where property of the absent person is situated; or
(C) in any district of residence of a fiduciary or representative of an estate having possession and control of property the absent person received by virtue of a legacy or as an heir of an estate.
(6) Cemetery trusts:
(A) in the district where the trustee resides; or
(B) in the district where the creation of the trust is recorded.
(7) Appointment of a guardian of a person resident in this State: in the district where the person under guardianship resides at the time of appointment, except when the guardian is appointed for a minor who is interested in a decedent’s estate as an heir, devisee, or legatee or representative of either, in the district where the decedent’s estate is being probated.
(8) Appointment of a guardian for a nonresident minor: in the district where the minor owns or has an interest in real estate.
(9) Termination or modification of a guardianship or change of a guardian:
(A) in the district of the appointing court; or
(B) in the district where the person under guardianship resides.
(10) [Repealed.]
(11) Estate of a nonresident charitable or philanthropic testamentary trust:
(A) in any district where the legacy or gift is to be paid or distributed; or
(B) in any district where the beneficiary or beneficiaries reside or are located.
(12) Appointment of a guardian as to the estate of a nonresident subject to guardianship in this State or under guardianship in another state: in any district where the estate of the nonresident under guardianship or person who may need a guardian is situated.
(13) Change of residential placement for a person under total or limited guardianship:
(A) in the district of the appointing court; or
(B) in the district where the person under guardianship resides.
(14) Petition to determine title to property in the name of a person deceased seven or more years without probate of a decedent estate: in the district where the property is situated.
(15) Uniform gifts to minors:
(A) petition to expend custodial property for a minor’s support, education, or maintenance: in the district where the minor resides;
(B) petition for permission to resign or for designation of a successor custodian: in the district where the minor resides.
(16) Relinquishment for adoption:
(A) in the district where a written relinquishment is executed; or
(B) in the district where a licensed child-placing agency to which written relinquishment is made has its principal office.
(17) Adoption:
(A) if the adopting person or persons are residents of this State, in the district where they reside;
(B) if the adopting person or persons are nonresidents, in a court of competent jurisdiction where they reside; or
(C) if the prospective adoptee is a minor who has been relinquished or committed to the Department for Children and Families or a licensed child-placing agency, in the district where the Department or agency is located or has its principal office.
(18) Change of name: in the district where the person resides.
(19) Appeal from a denial by the State Registrar of Vital Records of a request for a new, corrected, amended, or delayed birth certificate: in the district where the birth occurred or allegedly occurred.
(20) Correction or amendment of a civil marriage or civil union certificate or issuance of delayed certificate: in the district where the marriage or civil union license was issued or allegedly issued.
(21) Appeal from a denial by the State Registrar of Vital Records of a request for a corrected or amended death certificate: in the district where the death occurred or, if the place of death is unknown, where the body was found.
(22) Emergency waiver of premarital medical certificate: in the district where application is made for the civil marriage license.
(23) Proceedings relating to cemetery lots: in the district where the cemetery lot is located.
(24) Trusts relating to community mausoleums or columbariums: in the district where the community mausoleum or columbarium is located.
(25) Petition for license to convey homestead interest of a spouse who lacks capacity to protect his or her interests due to a psychiatric disability: in the district where the homestead is situated.
(26) Declaratory judgments (unless otherwise provided in Title 14A for proceedings relating to the administration of trusts):
(A) if any related proceeding is then pending in any Probate Division of the Superior Court, in that district; or
(B) if no proceeding is pending:
(i) in the district where the petitioner resides; or
(ii) if a decedent’s estate, a guardian or person under guardianship, or trust governed by Title 14 is the subject of the proceeding, in any district where venue lies for a proceeding thereon.
(27) [Repealed.]
(28) Appointment of a trustee for a person confined under a sentence of imprisonment: in the district or unit in which the person resided at the time of sentence or in the district or unit in which the sentence was imposed.
(29) Proceedings concerning 18 V.S.A. chapter 231: in the district where the principal resides or in the district where the principal is a patient admitted to a health care facility.
(30) Proceedings under 18 V.S.A. chapter 107, subchapter 3: in the district where the decedent resided at the time of death or where the remains are currently located.
(Added 1985, No. 144 (Adj. Sess.), § 3; amended 2005, No. 55, § 4, eff. Sept. 1, 2005; 2007, No. 56, § 3; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 20, § 4; 2009, No. 92 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 18A, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 13; 2013, No. 131 (Adj. Sess.), § 100; 2017, No. 46, § 56, eff. July 1, 2019.)
If an inhabitant of this State dies, his or her will shall be proved, or letters of administration granted and his or her estate settled in the Probate Court of the district in which he or she resided at the time of his or her death.
If a person resided out of the State at the time of his or her death, his or her will shall be allowed and recorded, and letters testamentary or of administration shall be granted in the Probate Court of any district in which he or she had estate.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 2, 2011.
A judge or register shall not act as guardian, executor, administrator, trustee, or in any other fiduciary capacity or as attorney in any probate matter pending in any court in the State while holding either office. A judge or register who violates a provision of this section shall be imprisoned not more than six months or fined not more than $500.00, or both.
(Amended 1961, No. 149, eff. June 7, 1961.)
When a Probate judge is incapacitated for the duties of office by absence, removal from the district, resignation, sickness, death, or otherwise or if the judge or the judge’s spouse or child is heir or legatee under a will filed in the judge’s district, or if the judge is executor or administrator of the estate of a deceased person in the judge’s district, or is interested as a creditor or otherwise in a question to be decided by the court, the judge shall not act as judge.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 20, eff. Feb. 1, 2011; 2023, No. 161 (Adj. Sess.), § 2, eff. June 6, 2024.)
(a) A Probate judge whose term of office has expired, or who has vacated such office, shall have authority to act in the capacity of Probate judge to conclude causes and proceedings partly or fully heard before the judge as Probate judge as fully and effectively as he or she could if he or she remained in such office. He or she may make, sign, and enter findings, decisions, orders, and decrees in causes or proceedings so pending before him or her as Probate judge, and all such acts so performed by the judge shall have as full force and effect as they would have had if he or she had remained in office.
(b) The jurisdiction conferred by subsection (a) of this section shall not be exercised if the presiding judge of the unit determines that the successor to the Probate judge will assume jurisdiction for all or part of the cases.
(c) A Probate judge who exercises the jurisdiction conferred by subsection (a) of this section shall receive compensation at a rate fixed by the Court Administrator.
(Amended 1971, No. 185 (Adj. Sess.), § 15, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 21, eff. Feb. 1, 2011.)
The Superior Court clerk or court operations manager, in consultation with the Probate judge, and following the approval of the Court Administrator, shall hire a register of probate for each unit. The Probate judge may request that the Court Administrator designate one or more staff persons as additional registers.
(Amended 1969, No. 125, § 4; 1971, No. 191 (Adj. Sess.), § 9; 1973, No. 106, § 3, eff. May 25, 1973; 1977, No. 160 (Adj. Sess.), eff. March 30, 1978; 1981, No. 76; 1997, No. 92 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 22; 2017, No. 28, § 1, eff. May 10, 2017.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.
A Probate judge or register may administer oaths.
(Amended 2009, No. 154 (Adj. Sess.), § 23, eff. Feb. 1, 2011.)
(a) A Probate judge may issue warrants, subpoenas, and processes in conformity with the law necessary to compel the attendance of witnesses or to produce books, papers, documents, or tangible things, or to carry into effect the orders, sentences, or decrees of the Probate Court or the powers granted it by law.
(b) A Probate judge may appoint not more than three masters to report on a particular issue or to do or perform particular acts or to receive and report evidence.
(Amended 1985, No. 144 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 1, § 3, eff. Feb. 2, 2011.)
If a person does not comply with an order, sentence, or decree of the Probate Division of the Superior Court in a proceeding formerly within the jurisdiction of the Probate Court, the court may issue a warrant committing the person to the custody of the Commissioner of Corrections until compliance is given.
(Amended 1985, No. 144 (Adj. Sess.), § 8; 2009, No. 154 (Adj. Sess.), § 24, eff. February 1, 2011.)
[Repealed]
1985, No. 144 (Adj. Sess.), § 163.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.
[Repealed]
1985, No. 144 (Adj. Sess.), § 163.
(a) When an executor or administrator is appointed to administer within this State an estate of a deceased person who resided in another state or country at the time of his or her death, the judge who issued the appointment shall forthwith notify the Commissioner of Taxes in writing of the appointment, giving the name and residence of the deceased person at the time of his or her death, the name and residence of the executor or administrator, the date of his or her appointment, and the court making the appointment.
(b) The Commissioner shall keep a full record in each case and upon inquiry made of him or her by any savings bank or savings institution in the State shall at once notify the bank or institution whether, as shown by his or her record, an executor or administrator has been appointed by any court in the State to administer the estate of the deceased person named in the inquiry. If there has been such an appointment, the Commissioner shall furnish the information required by this subsection to the bank or institution forthwith.
(Amended 2009, No. 154 (Adj. Sess.), § 25, eff. Feb. 1, 2011.)
[Repealed]
1985, No. 144 (Adj. Sess.), § 163.
[Repealed]
1965, No. 194, § 16.
[Repealed]
1967, No. 194, § 22, eff. March 1, 1968.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
2011, No. 1, § 7, eff. Feb. 2, 2011.
[Repealed]
2003, No. 71 (Adj. Sess.), § 2.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
[Repealed]
1979, No. 181 (Adj. Sess.), § 22.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
2009, No. 154 (Adj. Sess.), § 238, eff. July 1, 2010.
(a) Any guardianship action filed in the Probate Division of the Superior Court pursuant to 14 V.S.A. chapter 111, subchapter 2, article 1 and any adoption action filed in the Probate Division pursuant to Title 15A may be transferred to the Family Division of the Superior Court.
(b) In an adoption action filed in the Probate Division pursuant to Title 15A, the Family Division shall order the transfer of the proceeding on motion of a party or on its own motion if it finds that the identity of the parties, issues, and evidence are so similar in nature to the parties, issues, and evidence in a proceeding pending in the Family Division that transfer of the probate action to the Family Division would expedite resolution of the issues or would best serve the interests of justice.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 28a, eff. Feb. 1, 2011; 2013, No. 170 (Adj. Sess.), § 5, eff. Sept. 1, 2014.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
(a) Application. This section shall apply in all proceedings in which the Family Court consists of one presiding judge and two assistant judges.
(b) Questions of law and fact. In all proceedings, questions of law shall be decided by the presiding judge. Mixed questions of law and fact shall be deemed to be questions of law. The presiding judge alone shall decide which are questions of law, questions of fact, and mixed questions of law and fact. Written or oral stipulations of fact submitted by the parties shall establish the facts in the submitted stipulation, except that the presiding judge, in the presiding judge’s discretion, may order a hearing on any stipulated fact. Neither the decision of the presiding judge under this subsection nor participation by an assistant judge in a ruling of law shall be grounds for reversal unless a party makes a timely objection and raises the issue on appeal.
(c) Availability of assistant judges. If two assistant judges are not available, the court shall consist of one presiding judge and one assistant judge. If neither assistant judge is available, the court shall consist of the presiding judge alone, and the unavailability of an assistant judge shall not constitute reversible error.
(d) Mistrial. In the event that court is being held by the presiding judge and one assistant judge, and they do not agree on a decision, a mistrial shall be declared. If the case is retried, the court shall consist of the presiding judge alone or the presiding judge and two assistant judges.
(e) Method of determining availability. Before commencing a hearing in any matter in which the court by law may consist of the presiding judge and assistant judges, the assistant judges shall determine whether they are available for the case. A schedule of proceedings in Family Court in which the assistant judges by law may participate shall be made available sufficiently in advance to give assistant judges reasonable opportunity to determine in which cases they will participate. If two or more cases are being heard at one time, and assistant judges may by law participate in either, each assistant judge may determine in which case he or she will participate.
(f) Duty to complete hearing or trial. After an assistant judge has decided to participate in a hearing or trial, the assistant judge shall not withdraw from the hearing or trial except for cause. However, if an assistant judge is not available for a scheduled hearing or trial or becomes unavailable during trial, the matter may continue without that assistant judge’s participation, and the assistant judge may not return to participate.
(g) Emergency relief. A presiding judge may hear a petition for emergency relief when the court is not sitting and may issue temporary orders as necessary.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2021, No. 105 (Adj. Sess.), § 8, eff. July 1, 2022.)
The place of trial in the Family Division of the Superior Court shall be in the county in which one of the parties resides if one party resides within the State. If no party resides within the State, the place of trial may be in any county.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238.)
Nothing in this chapter shall be construed to restrict the constitutional powers of assistant judges.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990.)
(a) The office of magistrate is created within the Family Division of the Superior Court. Except as provided in section 463 of this title, the office of magistrate shall have nonexclusive jurisdiction to hear and dispose of the following cases and proceedings:
(1) Proceedings for the establishment, modification, and enforcement of child support, including contempt proceedings instituted against an obligated party for the limited purpose of enforcing a child support order.
(2) Cases arising under the Uniform Interstate Family Support Act.
(3) Child support in parentage cases after parentage has been determined.
(4) Cases arising under 33 V.S.A. § 5116, when delegated by a presiding judge of the Superior Court.
(5) Proceedings to establish, modify, or enforce temporary orders for spousal maintenance in accordance with 15 V.S.A. §§ 594a and 752.
(6) Proceedings to modify or enforce temporary or final parent-child contact orders issued pursuant to this title.
(7) Proceedings to establish parentage.
(8) Proceedings to establish temporary parental rights and responsibilities and parent-child contact.
(b) A magistrate shall be an attorney admitted to practice in Vermont with at least four years of general law practice. Magistrates shall be nominated, appointed, and confirmed in the manner of Superior judges.
(c)(1) Terms of office of magistrates, except in the case of an appointment to fill a vacancy or unexpired term, shall be for a term of six years from and including April 1 in the year of the magistrate’s appointment or retention. A magistrate shall remain in office until a successor is appointed and qualified, unless sooner removed for cause or unless he or she resigns.
(2) A magistrate may file in the office of the Secretary of State, on or before September 1 of the year preceding the expiration of the term for which the magistrate was appointed or retained, a declaration that the magistrate will be a candidate to succeed themself. However, a magistrate appointed and having taken the oath of office after September 1 of the year preceding the expiration of the term of office shall automatically be a candidate for retention without filing notice. When a magistrate files such a declaration, the magistrate’s name shall be submitted to the General Assembly for a vote on retention. The General Assembly shall vote upon one ballot on the question: “Shall the following magistrates be retained in office?” The names of the magistrates shall be listed followed by “Yes____ No____.” If a majority of those voting on the question vote against retaining a magistrate in office, upon the expiration of the term, a vacancy shall exist that shall be filled in accordance with the Constitution and chapter 15 of this title. If the majority vote is in favor of retention, the magistrate shall, unless removed for cause, remain in office for another term and, at its end, shall be eligible for retention in office in the manner prescribed pursuant to this subdivision.
(3) The Court Administrator shall notify the Secretary of State whenever a magistrate is appointed and takes the oath of office after September 1 of the year preceding the expiration of the term of office to which the magistrate has succeeded, thereby resulting in automatic notification of an intention to continue in office. Whenever a magistrate files a declaration under subdivision (2) of this subsection or when notification occurs automatically, the Secretary of State shall notify the President of the Senate, the Speaker of the House, the Office of Legislative Counsel, and the Office of Legislative Operations forthwith.
(d) Magistrates shall be exempt employees of the Judicial Branch, subject to the Code of Judicial Conduct, and, except as provided in section 26 of this title, shall devote full time to their duties. The Supreme Court shall prescribe training requirements for magistrates.
(e) A magistrate shall have received training on the subject of parent-child contact before being assigned to hear and determine motions filed pursuant to subdivision (a)(6) of this section.
(f) [Repealed.]
(Added 1989, No. 221 (Adj. Sess.), § 1; amended 1991, No. 189 (Adj. Sess.), § 4, eff. July 5, 1992; 1993, No. 227 (Adj. Sess.), § 21; 1995, No. 63, § 139a; 1995, No. 181 (Adj. Sess.), § 19; 1999, No. 54, § 2; 2009, No. 154 (Adj. Sess.), § 29; 2009, No. 156 (Adj. Sess.), § E.319; 2019, No. 144 (Adj. Sess.), § 23; 2021, No. 105 (Adj. Sess.), § 9, eff. July 1, 2022.)
(a) Notwithstanding any other provision of law to the contrary, an assistant judge of Essex County who has satisfactorily completed the training provided by the Vermont Supreme Court pursuant to Sec. 20 of Act No. 221 of the 1990 (Adj. Sess.), or a similar course of training that has been approved by the Supreme Court, shall act as a magistrate and hear and dispose of proceedings for the establishment, modification, and enforcement of child support and establishment of parentage in all cases filed or pending in the Family Division of the Superior Court in Essex County.
(b) The Chief Superior Judge may appoint and may specially assign a magistrate to serve as the presiding judge in the Family Division of the Superior Court in Essex County.
(c) No Vermont Family Court action filed or pending in Essex County, except for temporary abuse prevention proceedings and juvenile proceedings under Title 33, shall be heard at or transferred to the Family Division in another unit of the Superior Court.
(Added 1993, No. 59, § 27e, eff. June 3, 1993; amended 2009, No. 154 (Adj. Sess.), § 29a; 2021, No. 147 (Adj. Sess.), § 17, eff. May 31, 2022.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
(a) Notwithstanding any other provision of law to the contrary, an assistant judge may elect to hear and determine a complaint or action that seeks a divorce, legal separation, or civil union dissolution in cases where a final stipulation of the parties has been filed with the court.
(b) When an assistant judge elects to hear such cases, the clerk shall set it for hearing before the assistant judge if available.
(c) Prior to hearing an uncontested domestic matter, an assistant judge shall sit with a Superior judge on domestic proceedings for a minimum of 100 hours, satisfactorily complete a minimum of 30 hours of training on subjects relevant to domestic proceedings and the Code of Judicial Conduct, and conduct a minimum of three uncontested domestic hearings with a Superior judge who shall, in the Superior judge’s sole discretion, certify to the Chief Superior Judge that the assistant judge is qualified to preside over matters under this section. Upon application of an assistant judge, some or all of these requirements may be waived by the Chief Superior Judge based on equivalent experience. The requirements set forth in this subsection shall only apply to assistant judges who elect to conduct uncontested final hearings in domestic cases after July 1, 2010. An assistant judge already conducting hearings under this section as of July 1, 2010 shall be deemed to have complied with these requirements.
(Added 1993, No. 237 (Adj. Sess.), § 10, eff. Nov. 1, 1994; amended 1995, No. 59, § 3; 1997, No. 90 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 29b; 2021, No. 105 (Adj. Sess.), § 10, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 18, eff. May 31, 2022.)
(a) The magistrate shall make findings of fact, conclusions, and a decision and shall issue an order. An order issued by a magistrate may be enforced by the Family Division of the Superior Court in the unit in which the magistrate hearing was held.
(b) A magistrate may issue an order based on a stipulation regarding any preliminary matter necessary to issue a child support order.
(c) If the stipulation of the parties regarding child support includes matters other than preliminary matters necessary to issue a child support order, the stipulation may be accepted and approved by the magistrate in respect to those preliminary matters and signed by the magistrate as an order of the Family Division of the Superior Court.
(d) A magistrate shall issue an order for child support based upon the actual physical living arrangements of the children during the prior three months if the parties have not stipulated concerning parental rights and responsibilities. If parental rights and responsibilities are contested, the Family Division of the Superior Court shall make an order allocating parental rights and responsibilities.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 228 (Adj. Sess.), § 9; 1995, No. 59, § 14; 2009, No. 146 (Adj. Sess.), § C14; 2009, No. 154 (Adj. Sess.), § 30.)
Upon motion of either party, upon motion of the magistrate, or upon the court’s own motion, a judge of the Family Division of the Superior Court may hear and determine the issue of child support, provided there is a prior existing support order in effect or an interim or temporary order and the court finds one of the following:
(1) The support matter is so intrinsically tied to an action that must be heard by a judge that hearing before a magistrate would unduly delay the proceedings.
(2) The identity of the parties, issues, and evidence are so similar in nature that consolidation with an already scheduled matter would in fact expedite resolution of the support issue.
(3) A material legal issue must be resolved for which there is no legal precedent.
(4) Such good and substantial cause as the court may find, consistent with the principle that support cases shall be heard in a timely manner.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 31.)
(a) Any person or other legal entity, including the State, shall be entitled but not required to be represented by an attorney before a magistrate. Nonattorney employees of the Office of Child Support who have been duly qualified by the Office of Child Support may sign complaints and motions and may participate in child support hearings before a magistrate, including those arising under 33 V.S.A. § 5116 subject to the conditions in subsections (b) and (c) of this section. This participation shall not be considered the unauthorized practice of law.
(b) Participation in a proceeding shall consist of:
(1) presentation of current and material evidence relative to both parents’ income and resources;
(2) computation of parental support obligations based upon child support guidelines, and recommendations for any deviations from that amount after consideration of the best interests of the child;
(3) relevant supporting documentation and legal justification for the recommendation.
(c) A current roster of qualified Office of Child Support staff shall be furnished to the court by the Office of Child Support. Such staff may be denied the right to participate in child support proceedings upon notice to the Office of Child Support from the Court Administrator. The notice shall indicate the basis for the decision.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 105, § 2; 1995, No. 63, § 139b, eff. July 1, 1996; 2013, No. 131 (Adj. Sess.), § 101.)
An appeal from a decision of a magistrate shall be on the record to the Family Division of the Superior Court. At the request of a party, the Family Court shall hear additional evidence.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238.)
(a) A proceeding before a magistrate shall, in cases involving child support, be initiated by the filing of a petition. If a proceeding for divorce, annulment, or separation has been commenced before the Family Division of the Superior Court, the magistrate shall have jurisdiction to determine a temporary amount of child support on the basis of the complaint or petition filed in the Family Division of the Superior Court.
(b) A magistrate hearing shall be conducted according to rules adopted by the Supreme Court, subject to review by the Judicial Rules Committee. The rules shall include postjudgment procedures and deadlines for the establishment of support orders which comply with the requirements of federal law.
(c) The Vermont Rules of Evidence shall apply to magistrate proceedings, except that evidence not admissible under those Rules may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs and is not precluded by statute or privilege.
(d) Witnesses shall be sworn. Hearings shall be electronically recorded. The magistrate shall assist the parties in developing relevant and reliable evidence.
(e) The Family Division of the Superior Court clerk shall provide for personal service or shall mail to the respondent, at one or more of the addresses supplied by the respondent, by certified mail, return receipt requested and delivery restricted to the addressee, the expense being paid by the petitioner, a notice signed by the clerk. If acceptance of service is refused, the clerk may serve the notice on the respondent by sending it to the respondent by ordinary first-class mail and by certifying that such service has been made. In the alternative, the clerk may provide for mail service as provided in Rule 4(l) of the Vermont Rules of Civil Procedure.
(f) When an obligor is referred to an employment services program, the magistrate may require the program to file periodic written reports with the court regarding the obligor’s progress and cooperation with the program requirements. Such reports shall be admissible in an enforcement or contempt proceeding without the appearance of a witness from the program unless there is a dispute with respect to the authenticity of the report or the obligor disputes the facts set forth in the report concerning the obligor’s performance and the facts in dispute are relevant to the determination of the issues before the court.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238; 2011, No. 119 (Adj. Sess.), § 1.)
(a) The Court Administrator shall prepare and make available to the public forms for proceeding before a magistrate, including forms for the filing of an action, responding to a petition and filing motions. The purpose of the standardized forms is to make the magistrate hearing accessible to all parties in a dispute without the assistance of counsel.
(b) The form for filing a petition with the magistrate shall include provision for the petitioner to request IV-D services from the Office of Child Support established in 33 V.S.A. § 4101. If the petitioner requests IV-D services, the court shall immediately notify the Office of Child Support.
(c) The Court Administrator and the Office of Child Support shall jointly prepare and make available to the public a booklet describing the services available to both custodial and noncustodial parents and the judicial procedure applicable to child support and parentage cases.
(d) The Court Administrator and the Office of Child Support shall prepare a standardized child support order.
(Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990.)
Before entering upon his or her duties, each justice shall deposit with the town clerk a copy of his or her official oath, signed by himself or herself, with a certificate of the magistrate or notary public administering the same. The Secretary of State shall provide oath forms for this purpose. The term of office of justices of the peace shall be two years, and shall commence on the first day of February next after their election.
(Amended 1959, No. 71; 1981, No. 239 (Adj. Sess.), § 2; 1983, No. 26, eff. April 11, 1983.)
When a justice willfully neglects to make such deposit with the town clerk, he or she may be fined not more than $100.00.
(Amended 1981, No. 239 (Adj. Sess.), § 3.)
[Repealed]
1981, No. 239 (Adj. Sess.), § 45.
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
After the expiration of his or her term of office and while residing in the same county, a justice may make and certify copies of the records of his or her official business. Such copies shall have the same validity as though made and certified while he or she was in office.
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
[Repealed]
1971, No. 258 (Adj. Sess.), § 19.
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
[Repealed]
1995, No. 188 (Adj. Sess.), § 4.
(a) The Judicial Nominating Board is created for the nomination of Supreme Court Justices, Superior judges, magistrates, and the Chair and members of the Public Utility Commission.
(b)(1) The Board shall consist of 12 members who shall be selected as follows:
(A) The Governor shall appoint two members, one of whom may be an attorney at law.
(B) The Senate shall elect three of its members, not all of whom shall be members of the same party, and only one of whom may be an attorney at law.
(C) The House shall elect three of its members, not all of whom shall be members of the same party, and only one of whom may be an attorney at law.
(D) Attorneys at law admitted to practice before the Supreme Court of Vermont, and residing in the State, shall elect three of their number as members of the Board. The Supreme Court shall regulate the manner of their nomination and election.
(E) The Executive Director of Racial Equity, or designee.
(2) The members of the Board shall serve for terms of two years. All appointments or elections shall be between January 1 and February 1 of each odd-numbered year, except to fill a vacancy. A House vacancy that occurs when the General Assembly is adjourned shall be filled by the Speaker of the House and a Senate vacancy that occurs when the General Assembly is adjourned shall be filled by the Senate Committee on Committees. Members shall serve until their successors are elected or appointed. Members shall serve not more than three consecutive terms in any capacity.
(3) The members shall elect their own chair, who will serve for a term of two years.
(c) Legislative members of the Board shall be entitled to per diem compensation and reimbursement for expenses in accordance with 2 V.S.A. § 23. Members of the Board who are not otherwise compensated by their employer shall be entitled to per diem compensation and reimbursement for expenses in the same manner as board members are compensated under 32 V.S.A. § 1010. All compensation and reimbursement shall be paid from the legislative appropriation.
(d) The Judicial Nominating Board shall adopt rules under 3 V.S.A. chapter 25 that shall establish criteria and standards for the nomination of candidates for Justices of the Supreme Court, Superior judges, magistrates, and the Chair and members of the Public Utility Commission based on the attributes identified in subsection 602(d) of this title. The application form shall not be included in the rules and may be developed and periodically revised at the discretion of the Board.
(e) A quorum of the Board shall consist of eight members.
(f) The Board is authorized to use the staff and services of appropriate State agencies and departments as necessary to conduct investigations of applicants. The Office of Legislative Counsel shall assist the Board for the purpose of rulemaking.
(g) Except as provided in subsection (h) of this section, proceedings of the Board, including the names of candidates considered by the Board and information about any candidate submitted by the Court Administrator or by any other source, shall be confidential.
(h) The following shall be public:
(1) operating procedures of the Board;
(2) standard application forms and any other forms used by the Board, provided they do not contain personal information about a candidate or confidential proceedings;
(3) all proceedings of the Board prior to the Board’s receipt of the first candidate’s completed application; and
(4) at the time the Board sends the names of the candidates to the Governor, the total number of applicants for the vacancy and the total number of candidates sent to the Governor.
(Amended 1966, No. 64 (Sp. Sess.), § 1, eff. Jan. 1, 1967; 1967, No. 306 (Adj. Sess.), § 2; 1969, No. 125, § 6; 1971, No. 161 (Adj. Sess.), § 1; 1975, No. 204 (Adj. Sess.), § 5; 1979, No. 141 (Adj. Sess.), § 8; 1985, No. 108 (Adj. Sess.), § 1, eff. March 25, 1986; 2009, No. 154 (Adj. Sess.), § 32; 2011, No. 162 (Adj. Sess.), § E.125.1, eff. March 7, 2012; 2013, No. 194 (Adj. Sess.), § 2, eff. June 17, 2014; 2015, No. 123 (Adj. Sess.), § 1, eff. May 23, 2016; 2019, No. 144 (Adj. Sess.), § 24; 2023, No. 169 (Adj. Sess.), § 1, eff. July 1, 2024.)
(a)(1) Prior to submitting to the Governor the names of candidates for Justices of the Supreme Court, Superior Court judges, magistrates, and the Chair of the Public Utility Commission, the Judicial Nominating Board shall submit to the Court Administrator a list of all candidates, and the Court Administrator shall disclose to the Board information solely about professional disciplinary action taken or pending concerning any candidate.
(2) From the list of candidates, the Judicial Nominating Board shall select by three-fourths majority vote, provided that a quorum is present, well-qualified candidates for the position to be filled.
(b) Whenever a vacancy occurs in the office of a Supreme Court Justice, a Superior Court judge, magistrate, or Chair of the Public Utility Commission, or when an incumbent does not declare that the incumbent will be a candidate to succeed themselves, the Board shall submit to the Governor the names of as many persons as it deems well qualified to be appointed to the office.
(c)(1) A candidate for judge or Justice shall be a Vermont resident and an experienced lawyer who has practiced law for a minimum of 10 years, with at least five years in Vermont immediately preceding the candidate’s application to the Board. The Board may make exceptions to the requirement that the candidate’s five years of practice in Vermont be contiguous and immediately preceding the candidate’s application for reasons including family, military, academic, or medical leave.
(2) A candidate for magistrate shall be a Vermont resident and an experienced lawyer who has practiced law in Vermont for at least five years immediately preceding the candidate’s application to the Board. The Board may make exceptions to the requirement that the candidate’s five years of practice in Vermont be contiguous and immediately preceding the candidate’s application for reasons including family, military, academic, or medical leave.
(3) A candidate for Chair of the Public Utility Commission shall not be required to be an attorney; however, if the candidate is admitted to practice law in Vermont, the Judicial Nominating Board shall submit the candidate’s name to the Court Administrator, and the Court Administrator shall disclose to the Board information solely about professional disciplinary action taken or pending concerning the candidate. If a candidate is not admitted to practice law in Vermont but practices a profession requiring licensure, certification, or other professional regulation by the State, the Judicial Nominating Board shall submit the candidate’s name to the State professional regulatory entity and that entity shall disclose to the Board any professional disciplinary action taken or pending concerning the candidate.
(d) A candidate shall possess the following attributes:
(1) Integrity. A candidate shall possess a record and reputation for excellent character and integrity.
(2) Legal knowledge and ability. A candidate shall possess a high degree of knowledge of established legal principles and procedures and have demonstrated a high degree of ability to interpret and apply the law to specific factual situations.
(3) Judicial temperament. A candidate shall possess an appropriate judicial temperament.
(4) Impartiality. A candidate shall exhibit an ability to make judicial determinations in a manner free of bias.
(5) Communication capability. A candidate shall possess demonstrated oral and written capacities, with reasonable accommodations, required by the position.
(6) Financial integrity. A candidate shall possess demonstrated financial probity.
(7) Work ethic. A candidate shall demonstrate diligence.
(8) Administrative capabilities. A candidate shall demonstrate management and organizational skills or experience required by the position.
(9) Courtroom experience. For Superior Court, a candidate shall have sufficient trial or other comparable experience that ensures knowledge of the Vermont Rules of Evidence and courtroom procedure. For the Environmental Division of the Superior Court, a candidate shall have experience in environmental and zoning law.
(10) Other. A candidate shall possess other attributes the Board deems relevant as identified through its rules.
(e) The Board shall consider the extent to which a candidate would contribute to a Judicial branch that has diverse backgrounds and a broad range of lived experience.
(Amended 1966, No. 64 (Sp. Sess.), § 2, eff. Jan. 1, 1967; 1967, No. 41, eff. March 16, 1967; 1967, No. 306 (Adj. Sess.), § 3; 1969, No. 125, § 7; 1971, No. 161 (Adj. Sess.), § 2; 1975, No. 204 (Adj. Sess.), § 7; 1985, No. 108 (Adj. Sess.), § 2, eff. March 25, 1986; 2009, No. 154 (Adj. Sess.), § 33; 2015, No. 123 (Adj. Sess.), § 2, eff. May 23, 2016; 2023, No. 169 (Adj. Sess.), § 2, eff. July 1, 2024.)
(a) In accordance with 30 V.S.A. § 3, whenever a vacancy occurs for a member position on the Public Utility Commission, the Governor shall submit at least five names of potential nominees to the Judicial Nominating Board for review. The Judicial Nominating Board shall submit to the Governor the names of candidates it deems well qualified. The Judicial Nominating Board shall submit to the Governor a summary of the qualifications and experience of each candidate whose name is submitted to the Governor, together with any further information relevant to the matter. Vacancies for the position of Chair of the Public Utility Commission shall follow the procedure set forth in section 602 of this title.
(b) A candidate for the position of member of the Public Utility Commission shall not be required to be an attorney; however, if the candidate is admitted to practice law in Vermont, the Judicial Nominating Board shall submit the candidate’s name to the Court Administrator, and he or she shall disclose to the Board information solely about professional disciplinary action taken or pending concerning the candidate. If a candidate is not admitted to practice law in Vermont, but practices a profession requiring licensure, certification, or other professional regulation by the State, the Judicial Nominating Board shall submit the candidate’s name to the State professional regulatory entity and that entity shall disclose to the Board any professional disciplinary action taken or pending concerning the candidate.
(c) A candidate shall possess the attributes provided in subsection 602(d) of this title.
(Added 2015, No. 123 (Adj. Sess.), § 3, eff. May 23, 2016.)
Whenever the Governor appoints a Supreme Court Justice, a Superior Judge, a magistrate, the Chair of the Public Utility Commission, or a member of the Public Utility Commission, the Governor shall select from the list of names of well-qualified persons submitted by the Judicial Nominating Board pursuant to law. The names of candidates submitted and not selected shall remain confidential.
(Amended 1966, No. 64 (Sp. Sess.), § 3, eff. Jan. 1, 1967; 1967, No. 306 (Adj. Sess.), § 4; 1971, No. 161 (Adj. Sess.), § 3; 1973, No. 106, § 4, eff. May 25, 1973; 1975, No. 204 (Adj. Sess.), § 8; 1979, No. 181 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 34; 2023, No. 169 (Adj. Sess.), § 3, eff. July 1, 2024.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
Superior judges shall not make any contribution to or hold any office in a political party or organization or take part in any political campaign.
(Amended 1966, No. 64 (Sp. Sess.), § 6, eff. Jan. 1, 1967; 1971, No. 161 (Adj. Sess.) § 5; 2009, No. 154 (Adj. Sess.), § 35.)
[Repealed]
2011, No. 162 (Adj. Sess.), § E.125.2.
(a) There is created the Joint Committee on Judicial Retention composed of four members of the House of Representatives appointed by the Speaker of the House and four members of the Senate appointed by the Committee on Committees of the Senate. The appointments shall be made, if practicable, within seven days of the convening of each biennial session of the General Assembly.
(b) The Committee shall endeavor to hold its organizational meeting within seven days of its appointment and shall elect a chair from among its membership and adopt rules of procedure consistent with the rules of the Senate.
(c) The Committee may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations to, in addition to other duties, obtain information on the performance of a judge or Justice by soliciting comments from members of the Vermont Bar and the public.
(Added 1975, No. 204 (Adj. Sess.), § 11; amended 1985, No. 98, § 6; 2013, No. 161 (Adj. Sess.), § 72; 2019, No. 144 (Adj. Sess.), § 25.)
(a) Declarations submitted to the General Assembly by a Supreme Court Justice under subsection 4(c) of this title, by a Superior Court judge under subsection 71(b) of this title, or by a magistrate under subsection 461(c) of this title shall be referred immediately to the Joint Committee on Judicial Retention. The declarations shall be accompanied by a supporting statement by the judge, the Justice, or the magistrate seeking retention. In the case of a Superior Court judge or magistrate, the declaration shall also be accompanied by information on the next succeeding rotation schedule for the judge seeking retention.
(b) The Joint Committee responsible for the recommendation of retention shall review the candidacies of those Justices, Superior judges, and magistrates desiring to succeed themselves. In conducting its review, the Committee shall evaluate judicial performance, including such factors as integrity, judicial temperament, impartiality, health, diligence, legal knowledge and ability, and administrative and communicative skills.
(c) For the purpose of receiving information and hearing testimony, the Joint Committee responsible for the recommendation of retention shall hold hearings that, if possible, shall not commence until the General Assembly is in session. Information obtained under subsection 607(c) of this title shall be confidential until the Committee commences its hearings under this subsection.
(d) A judge, a Justice, or a magistrate seeking retention has the right to present oral or written testimony to the Committee relative to his or her retention, may be represented by counsel, and may present witnesses to testify in his or her behalf. Copies of written comments received by the Committee shall be forwarded to the judge, the Justice, or the magistrate. A judge, a Justice, or a magistrate seeking retention has the right to a reasonable time period to prepare and present to the Committee a response to any testimony or written complaint adverse to his or her retention and has the right to be present during any public hearing conducted by the Committee.
(e) On or before the tenth Thursday after the convening of each biennial and adjourned session, the Committee shall report to the General Assembly its recommendation whether the candidates should continue in office, with any amplifying information that it may deem appropriate, in order that the General Assembly may discharge its obligation under Chapter II § 34 of the Constitution of the State of Vermont.
(f) In the performance of its official functions, the Joint Committee on Judicial Retention may by a majority vote of its membership issue subpoenas to compel the attendance of witnesses to testify under oath and to produce documents.
(g) The votes on retention under subsections 4(c), 71(b), and 461(c) of this title shall be conducted in one joint assembly of the General Assembly, except that in the event that the Joint Committee reports to the General Assembly that it is not able to make its recommendation on a particular Justice, judge, or magistrate under subsection (b) of this section on or before the date set for such joint assembly, the vote on such individual or individuals shall be deferred to a subsequent joint assembly, and separate ballots shall be used despite any other statutory provisions relating to the votes on retention.
(Added 1975, No. 204 (Adj. Sess.), § 12; amended 1979, No. 109 (Adj. Sess.); 1985, No. 98, § 7; 2009, No. 154 (Adj. Sess.), § 36; 2013, No. 142 (Adj. Sess.), § 13; 2015, No. 131 (Adj. Sess.), § 21.)
(a) The Justices of the Supreme Court and judges of all subordinate courts shall be required to retire at the end of the calendar year in which they attain 90 years of age.
(b) This section shall not limit the Supreme Court’s power to establish procedures for taking appropriate action to remove or suspend or restrict the services of an individual Justice or judge of any age.
(Added 2003, No. 49, § 1, eff. June 2, 2003.)
The Court Administrator shall act as clerk of the Supreme Court as provided in section 8 of this title. The Court Administrator shall appoint a Superior Court clerk for each unit. The Court Administrator may appoint the same person to be clerk in more than one unit. With approval of the Court Administrator, the clerk shall hire office staff. The clerk shall have the powers and responsibilities formerly held by the clerk of the district court or the family court and may delegate specific powers and responsibilities to assigned staff. Unless so designated by the assistant judges of a specific county, with the approval of the Court Administrator, a Superior Court clerk shall not also serve as a county clerk.
(Amended 1967, No. 174, § 3; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 37.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
2013, No. 67, § 15.
[Repealed]
1969, No. 27, § 2.
[Repealed]
1977, No. 235 (Adj. Sess.), § 10.
[Repealed]
2013, No. 67, § 15.
When records in the Office of the Superior Court Clerk become faded, defaced, torn, or otherwise injured, so as to endanger the permanent legibility or proper preservation of the same, the Court Administrator may direct the court clerk to provide suitable books and transcribe such records into the books provided. At the end of a transcript of record so made, the clerk shall certify under official signature and the seal of the court that the same is a true transcript of the original record. Such transcript or a duly certified copy of the transcript shall be entitled to the same faith and credit and have the same force as the original record. The expense of making such transcript shall be paid by the State.
(Amended 1967, No. 174, § 8; 2009, No. 154 (Adj. Sess.), § 39; 2013, No. 67, § 5; 2021, No. 105 (Adj. Sess.), § 11, eff. July 1, 2022.)
[Repealed]
2013, No. 67, § 15.
(a) The Supreme Court by administrative order may provide for permanent preservation of all court records by any photographic or electronic or comparable process in accordance with standards that shall be no less protective of the records than the standards established by the Vermont State Archives and Records Administration programs that take into account the quality and security of the records and ready access to the record of any cause so recorded.
(b) After preservation in accordance with subsection (a) of this section, the Supreme Court by administrative order may provide for the disposition of original court records by destruction or, in cases where the original court record may have historical or intrinsic value, by transfer to the archives of the Secretary of State.
(Added 1975, No. 241 (Adj. Sess.), eff. April 7, 1976; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2009, No. 91 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 41; 2013, No. 67, § 6.)
(a) The Superior Court clerk, with the approval of the Court Administrator, may hire and remove staff for the Superior Court subject to the terms of any applicable collective bargaining agreement. The clerks and staff shall be State employees and shall be entitled to all fringe benefits and compensation accorded classified State employees who are similarly situated, subject to any applicable statutory limits, unless covered by a collective bargaining agreement that sets forth the terms and conditions of employment negotiated pursuant to the provisions of 3 V.S.A. chapter 28.
(b) A staff person for the Superior Court may also serve as the county clerk if the Court Administrator approves of such service with the concurrence of the assistant judges. If a Superior Court staff person serves as county clerk pursuant to this subsection, the Court Administrator and the assistant judges shall enter into a memorandum of understanding with respect to the duties, work schedule, and compensation of the person serving.
(c) With respect to counties where the assistant judges have elected to offer passport processing services, the Court Administrator and the assistant judges shall enter into a memorandum of understanding providing for the acceptance and processing of U.S. passport applications. The memorandum may provide for performance of passport acceptance and processing duties by the court clerk, county clerk, a Superior Court staff person serving as county clerk pursuant to subsection (b) of this section, or any other court or county employee.
(Amended 1967, No. 194, § 12, eff. March 1, 1968; 1969, No. 125, § 11; 1973, No. 106, § 5, eff. May 25, 1973; 1979, No. 181 (Adj. Sess.), § 12; 1997, No. 92 (Adj. Sess.), § 6; 2009, No. 154 (Adj. Sess.), § 42; 2011, No. 1, § 9, eff. Feb. 2, 2011; 2011, No. 1, § 9, eff. Feb. 2, 2011; 2021, No. 105 (Adj. Sess.), § 12, eff. July 1, 2022.)
In the absence of the judge:
(1) the clerk may continue a cause;
(2) the clerk may set conditions of release in noncapital criminal cases prior to trial as provided by law or by rule promulgated by the Supreme Court.
(Amended 1973, No. 118, § 1, eff. Oct. 1, 1973.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
[Repealed]
2013, No. 67, § 15.
Writs, processes, complaints, informations, indictments, pleas, answers, and entries in the courts, except technical terms, shall be in the English language.
When a court document, record, or file in an action pending in court is lost, mislaid, or destroyed, the court may order a duplicate document, record, or file to be filed under such conditions as the court prescribes. A duplicate document or record shall have the same validity and may be used in evidence in the same manner as the original document, record, or file.
(Amended 2013, No. 67, § 7.)
When real or personal estate is attached on such writ, the plaintiff may procure from the clerk of the town in which the estate was attached a certified copy of the writ, complaint and officer’s return thereon, and cause the same to be filed in such court. The same proceedings shall thereupon be had, and the estate so attached held to respond to the judgment in the action, as though the original writ, complaint, and return were in court.
[Repealed]
2013, No. 67, § 15.
When a recording officer has made a record but has omitted to make an official certificate thereof, any person subsequently holding the office may make such certificate. Such certificate shall be as valid as if made by the officer who made the record, but shall not affect any intervening right.
The Supreme Court by administrative order or directive shall provide for the preparation, maintenance, recording, indexing, docketing, preservation, and storage of all court records and the provision, subject to confidentiality requirements of law or court rules, of certified copies of those records to persons requesting them.
(Added 1989, No. 221 (Adj. Sess.), § 3, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 43; 2013, No. 67, § 8.)
(a) [Repealed.]
(b) If any such card draft is not paid by the bank or other company or is charged back to the court or bureau, any record of payment made by the court or bureau honoring the card shall be void. The obligation of the person to pay the court costs, fee, penalty, surcharge, or fine shall continue as an outstanding obligation as if no payment had been made.
(c) Card account numbers, while in the possession of the court or bureau, are confidential.
(Added 1997, No. 155 (Adj. Sess.), § 66d; amended 1999, No. 58, § 2; 2003, No. 61, § 4.)
[Repealed]
1979, No. 181 (Adj. Sess.), § 22.
Upon appointment, a stenographic reporter shall be sworn before entering upon his or her duties and shall be responsible for the correctness of his or her reports and certified copies thereof made by him or her or under his or her direction.
(Amended 1979, No. 181 (Adj. Sess.), § 13.)
When directed by the presiding judge of a Superior Court so to do and within the time prescribed by such judge, such stenographic reporter shall file with the clerk thereof certified copies of the evidence and proceedings in a cause heard by it. Such copies shall be verbatim transcripts of the evidence and proceedings and be a part of the files of such court.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
A stenographic reporter shall furnish a verbatim and certified transcript of the evidence and proceedings in every hearing before a commission, department, or other quasi-judicial proceeding reported by him or her to the presiding officer within 20 days after the termination of such hearing.
(Amended 1979, No. 181 (Adj. Sess.), § 14.)
[Repealed]
1987, No. 120, § 2.
All transcripts of evidence or proceedings in a cause or hearing tried in Superior Court or before an auditor, referee, or commissioner, ordered to be reported by a Probate or Superior judge, and made by or under the direction of the reporter and duly certified by him or her to be a verbatim transcript of the verbatim stenographic notes of such evidence or proceedings, shall be received as evidence in any action, civil or criminal, if relevant to the action.
(Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1979, No. 181 (Adj. Sess.), § 16; 2009, No. 154 (Adj. Sess.), § 44; 2021, No. 105 (Adj. Sess.), § 13, eff. July 1, 2022.)
Upon request of a Probate judge, the Superior Court clerk shall appoint and assign a staff member to make a verbatim report of the proceeding in the Probate Division.
(Amended 1979, No. 181 (Adj. Sess.), § 17; 2009, No. 154 (Adj. Sess.), § 44a, eff. Feb. 1, 2011.)
[Repealed]
1969, No. 125, § 16.
In hearings before a commission, department, or other quasi-judicial proceedings, such tribunal shall hire stenographic reporters for the purpose of making verbatim reports of the proceedings when one of the parties so requests in writing.
(1959, No. 192, § 1, eff. May 20, 1959.)
The presiding officer of a State department, commission, board, or other agency shall approve the accounts of the stenographer or reporter in the proceeding referred to in section 801 of this title and shall forward the same to the Commissioner of Finance and Management for payment.
(1959, No. 192, § 3, eff. May 20, 1959; amended 1983, No. 195 (Adj. Sess.), § 5(b); 2023, No. 6, § 11, eff. July 1, 2023.)
(a) Subject to any rules prescribed by the Supreme Court pursuant to law, electronic sound or sound and video recording equipment may be used for the recording of any Superior Court or Judicial Bureau proceeding; testimony, objections, rulings, exceptions, arraignments, pleas, sentences, statements, and remarks made by any attorney or judge; oral instructions given by the judge; and any other judicial proceedings to the same extent as any recording by a stenographer or reporter permitted or required under existing statutes.
(b) For the purpose of operating recording equipment, the judge may appoint or designate the official reporter of that court, a special reporter, the clerk of the court, any staff of the court, the court officer, or any other designated court personnel. The person operating recording equipment shall subscribe to an oath that the operator will well and truly operate it to record all matters and proceedings.
(c) The court may then designate the person operating the equipment or any other competent person to read the recording and to transcribe it into typewriting. The person transcribing the recording shall subscribe to an oath that it has truly and correctly been transcribed.
(d) The transcript may be used for all purposes for which transcripts are now received and accepted under existing statutes.
(Added 1969, No. 95; amended 1985, No. 144 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 45.)
The Governor may appoint commissioners in other states and in foreign countries who shall hold office for five years unless sooner removed by him or her. They may take depositions, affidavits, and testimony to be used in any proceedings in Superior Court; administer oaths; and take the acknowledgment of deeds and other instruments to be used or recorded in this State, and their acts in other states or foreign countries shall have the same force as though performed by a justice or master in this State.
(Amended 2021, No. 105 (Adj. Sess.), § 14, eff. July 1, 2022.)
Before entering upon his or her duties, each commissioner shall take and subscribe an oath of office before a magistrate of his or her locality and execute a bond to this State with sureties to the satisfaction of the Governor in the sum of $500.00, conditioned for the faithful performance of his or her duties. The bond shall be kept in the office of the Secretary of State, and an action may be maintained against any or all signers thereof, in the name of the State, for the benefit of a person injured by the act or neglect of the commissioner.
Justices of the Supreme Court shall make, adopt, and publish and may alter or amend rules regulating the admission of attorneys to the practice of law before the courts of this State.
The Board of Bar Examiners shall consist of 11 voting members whose term of office shall be for four years and until a successor is appointed. Two members of the Board shall be laypersons not admitted to practice law in this or any other state. The Supreme Court shall annually appoint not more than four members of the Board on October 1. Vacancies on the Board may be filled by the Court. The Commissioner of Finance and Management shall issue his or her warrant for the expenses of each member of the Board when approved by the Court Administrator.
(Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1983, No. 81, § 5; 1983, No. 195 (Adj. Sess.), § 5(b); 2019, No. 13, § 1, eff. April 30, 2019.)
[Repealed]
1977, No. 235 (Adj. Sess.), § 10.
When an attorney is required to attend more than one trial, hearing, or other proceeding before a court or commission having judicial or quasi-judicial functions, or both, at times that conflict so that the attorney cannot reasonably attend each appointment, the attorney may request the Chief Superior Judge to designate which appointment the attorney shall attend. The Chief Superior Judge shall designate the appointment the attorney shall attend and shall notify the presiding magistrate of each court and commission of the Justice’s or judge’s decision. The attorney shall be excused from attending at that time any proceedings other than the one designated by the Chief Superior Judge, and the other proceedings shall be rescheduled.
(1959, No. 169; amended 1979, No. 181 (Adj. Sess.), § 18; 2021, No. 147 (Adj. Sess.), § 19, eff. May 31, 2022.)
The Supreme Court may by rule impose a fee on applicants for admission to the bar on motion and on applicants for admission to the bar by examination. The Court may also impose an annual fee on lawyers admitted to the bar of the Supreme Court as a condition of being licensed to practice law.
(Added 1983, No. 81, § 1; amended 2011, No. 75 (Adj. Sess.), § 102, eff. March 7, 2012.)
There is established the Attorneys’ Admission, Licensing, and Professional Responsibility Special Fund that shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. Fees collected for licensing of attorneys, administration of the bar examination, admitting attorneys to practice in Vermont, and administration of mandatory continuing legal education shall be deposited and credited to this Fund. This Fund shall be available to the Judicial Branch to offset the cost of operating the Professional Responsibility Board, the Board of Bar Examiners, the Judicial Conduct Board, the Committee on Character and Fitness, the mandatory continuing legal education program for attorneys and, at the discretion of the Supreme Court, to make grants for access to justice programs or to the Vermont Bar Foundation to be used to support legal services for the disadvantaged.
(Added 2005, No. 215 (Adj. Sess.), § 60; amended 2013, No. 67, § 10.)
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
(a) The Court Administrator, subject to the approval of the Supreme Court, shall make rules regarding the qualifications, lists, and selection of all jurors and prepare questionnaires for prospective jurors. Each Superior Court clerk shall, in conformity with the rules, prepare a list of jurors from residents of its unit. The rules shall be designed to ensure that the list of jurors prepared by the Superior Court clerk shall be representative of the citizens of its unit in terms of age, sex, occupation, economic status, and geographical distribution.
(b) Rules adopted under this section shall be consistent with the provisions of this chapter.
(Added 1967, No. 284 (Adj. Sess.), § 1; amended 1993, No. 24, § 4; 2009, No. 154 (Adj. Sess.), § 46; 2011, No. 31, § 4, eff. May 17, 2011; 2021, No. 105 (Adj. Sess.), § 15, eff. July 1, 2022.)
(a) The clerk, in order to ascertain names of persons eligible as jurors, may consult the latest census enumeration; the latest published city, town, or village telephone or other directory; the listers’ records; the elections records; and any other general source of names.
(b) Notwithstanding any law to the contrary, the Court Administrator may obtain the names, addresses, and dates of birth of persons that are contained in the records of the Department of Motor Vehicles, the Department of Labor, the Department of Taxes, the Department of Health, and the Department for Children and Families. The Court Administrator may also obtain the names of voters from the Secretary of State. After the names have been obtained, the Court Administrator shall compile them and provide the names, addresses, and dates of birth to the clerk in a form that will not reveal the source of the names. The clerk shall include the names provided by the Court Administrator in the list of potential jurors.
(c) There shall be continuous research for persons qualified and liable for jury service, in order to obtain as many prospective jurors as necessary and in order to limit as many prospective jurors as necessary and in order to limit as much as possible repetition of jury service.
(d) No person’s name shall be placed on venire to serve in any State court of the State of Vermont more than once in any two-year period.
(e) All public officers shall, on request, furnish the clerk or the Court Administrator without charge any information it may require to enable it to select eligible persons, ascertain their qualifications, or determine the number needed.
(Added 1967, No. 284 (Adj. Sess.), § 1; amended 2003, No. 146 (Adj. Sess.), § 2, eff. Jan. 1, 2005; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 47.)
Prior to the first day of July in each biennial year, the clerk shall prepare and file a current master list of jurors and certify its completion and filing to the Court Administrator. The current master lists shall contain the number of names necessary adequately to serve the needs of the courts involved for a two-year period beginning July 1.
(Added 1967, No. 284 (Adj. Sess.), § 1; amended 1969, No. 228 (Adj. Sess.), § 1, eff. March 31, 1970; 2009, No. 154 (Adj. Sess.), § 48.)
The clerk shall send a jury questionnaire prepared by the Court Administrator to each person selected. When returned, it shall be retained in the Office of the Superior Court Clerk. Pursuant to section 952 of this title, the Court Administrator shall promulgate rules governing the inspection and availability of the juror questionnaires and the information contained in them.
(Added 1967, No. 284 (Adj. Sess.), § 1; amended 1969, No. 228 (Adj. Sess.), § 2, eff. March 31, 1970; 2009, No. 154 (Adj. Sess.), § 49; 2013, No. 67, § 1.)
Names may be added or dropped from the jury list in accordance with rules issued by the Court Administrator under section 952 of this title.
(Added 1967, No. 284 (Adj. Sess.), § 1.)
The manner of drawing and summoning jurors from the lists provided shall be in accordance with the rules of the court in which they are called to serve and all applicable statutes, including section 952 of this title, requiring that the panel shall be representative of the citizens of the unit in terms of age, sex, occupation, economic status, and geographical distribution.
(Added 1967, No. 284 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 50.)
A juror who does not appear after being summoned, and does not submit an excuse satisfactory to the court in which the juror was summoned to appear, shall be assessed a civil penalty by the presiding judge of not more than $200.00. The prospective juror may be excused from paying the assessment for good cause shown or in the interests of justice.
(Added 1967, No. 284 (Adj. Sess.), § 1; amended 2003, No. 146 (Adj. Sess.), § 3, eff. Jan. 1, 2005.)
The clerk, as directed by the judges of each Superior Court, shall summon 18 judicious persons within the unit to appear at any stated or special term of that court to serve as grand jurors of the unit. The clerk of the court shall issue a venire accordingly.
(Added 1967, No. 284 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 51.)
[Repealed]
1969, No. 228 (Adj. Sess.), § 6, eff. March 31, 1970.
(a) Any person who fails to return a completed questionnaire within 14 days of its receipt may be summoned by the Superior Court clerk to appear forthwith before the clerk to fill out a jury questionnaire. Any person so summoned who fails to appear as directed shall be ordered forthwith by the presiding judge to appear and show cause for his or her failure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance may be found in contempt of court and shall be subject to the penalties for contempt.
(b) Any person who willfully misrepresents a material fact on the jury questionnaire form for the purpose of avoiding or securing service as a juror may be fined not more than $50.00.
(Added 1969, No. 228 (Adj. Sess.), § 3; amended 2009, No. 154 (Adj. Sess.), § 52; 2017, No. 11, § 1.)
(a) A person shall be qualified for jury service if the person:
(1) is a citizen of the United States who has attained the age of majority;
(2) resides within the geographical jurisdiction of the court in which called to serve;
(3) is able to read, write, understand, and speak the English language;
(4) is capable, by reason of mental or physical condition, to render satisfactory jury service; and
(5) has not served a term of imprisonment in this State after conviction of a felony.
(b) No person shall be automatically excused from jury service; however, the presiding judge may excuse a person for all or part of the two-year period upon individual request showing undue hardship on the prospective juror or the employer.
(Added 1993, No. 24, § 1, eff. March 1, 1994.)
A person summoned to petit jury service shall not appear before the court for jury selection more than three times in any two-year period of time and shall be required to appear at the courthouse to serve as a juror on the date of trial no more than three times in that two-year period.
(Added 1993, No. 24, § 2, eff. March 1, 1994; amended 2003, No. 146 (Adj. Sess.), § 4, eff. Jan. 1, 2005.)
(a) The Environmental Division shall consist of two judges, each sitting alone.
(b) Two Environmental judges shall be appointed to hear matters in the Environmental Division and to hear other matters in the Superior Court when so assigned by the Chief Superior Judge pursuant to subsection 21a(c) of this title.
(c) An Environmental judge shall be an attorney admitted to practice before the Vermont Supreme Court. An Environmental judge shall be nominated, appointed, confirmed, paid, and retained and shall receive all benefits in the manner of a Superior judge.
(d) An Environmental judge shall be appointed on April 1 for a term of six years or the unexpired portion thereof.
(e) Evidentiary proceedings in the Environmental Division shall be held in the county in which all or a portion of the land that is the subject of the appeal is located or where the violation is alleged to have occurred, unless the parties agree to another location; provided, however, that the Environmental judge shall offer expeditious evidentiary hearings so that no such proceedings are moved to another county to obtain an earlier hearing. Unless otherwise ordered by the court, all nonevidentiary hearings may be conducted by telephone or video conferencing using an audio or video record. If a party objects to a telephone hearing, the court may require a personal appearance for good cause.
(f) [Repealed.]
(g) The Supreme Court may enact rules and develop procedures consistent with this chapter to govern the operation of the Environmental Division and proceedings in it. In adopting these rules, the Supreme Court shall ensure that the rules provide for:
(1) expeditious proceedings that give due consideration to the needs of pro se litigants;
(2) the ability of the judge to hold pretrial conferences by telephone;
(3) the use of scheduling orders under the Vermont Rules of Civil Procedure in order to limit discovery to that which is necessary for a full and fair determination of the proceeding; and
(4) the appropriate use of site visits by the presiding judge to assist the court in rendering a decision.
(Added 1989, No. 98, § 2; amended 1991, No. 108, § 3; 1993, No. 92, § 14; 1993, No. 232 (Adj. Sess.), § 39, eff. March 15, 1995; 1995, No. 181 (Adj. Sess.), § 21; 2001, No. 149 (Adj. Sess.), § 73, eff. June 27, 2002; 2003, No. 115 (Adj. Sess.), § 9, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 53; 2021, No. 147 (Adj. Sess.), § 20, eff. May 31, 2022.)
Hearings before the Environmental Division shall be conducted in an impartial manner subject to rules of the Supreme Court providing for a summary, expedited proceeding.
(Added 1989, No. 98, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 53a.)
(a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The Vermont Rules of Evidence shall be followed, except that evidence not admissible under the Rules of Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
(b) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency’s specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed.
(Added 1989, No. 98, § 2.)
(a) In connection with any proceedings under 10 V.S.A. chapter 201, each party shall provide all other parties with all written statements and information in the possession, custody, or control of the party relative to the violation, including any technical studies, tests and reports, maps, architectural and engineering plans and specifications, drawings, graphs, charts, photographs, and other data compilations from which information can be obtained, the names and addresses of the party’s witnesses, and any other information that the Environmental Division deems necessary, in its sole discretion, to a fair and full determination of the proceeding.
(b) No other discovery or depositions, written interrogatories, or requests to admit shall be permitted except that which is necessary for a full and fair determination of the proceeding.
(Added 1989, No. 98, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 10, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 53b.)
[Repealed]
1999, No. 160 (Adj. Sess.), § 5.
(a) The Judicial Bureau is created within the Judicial Branch under the supervision of the Supreme Court.
(b) The Judicial Bureau shall have jurisdiction of the following matters:
(1) Traffic violations alleged to have been committed on or after July 1, 1990.
(2) Civil ordinance violations alleged to have been committed on or after July 1, 1994.
(3) Minor fish and wildlife violations alleged to have been committed on or after September 1, 1996.
(4) Violations of 7 V.S.A. § 1005, relating to possession and procurement of tobacco products by a person under 21 years of age.
(5) Violations of 7 V.S.A. § 1007, relating to furnishing tobacco products to a person under 21 years of age.
(6) Violations of 24 V.S.A. § 2201, relating to littering, burning of solid waste, and illegal dumping.
(7) Violations of 16 V.S.A. chapter 9, subchapter 5, relating to hazing.
(8) Violations of 20 V.S.A. §§ 2056a, 2056b, and 2056c, relating to unauthorized disclosure of criminal record information.
(9) Violations of 7 V.S.A. § 656, relating to illegal possession of alcoholic beverages.
(10) Violations under 7 V.S.A. § 658(c)(1), relating to an employee of a second-class licensee selling alcohol to a minor during a compliance check.
(11) Violations of 18 V.S.A. § 4234b(b), relating to selling ephedrine base, pseudoephedrine base, or phenylpropanolamine base.
(12) Violations of 13 V.S.A. § 352(3), (4), and (9), relating to cruelty to animals, and 13 V.S.A. § 355(d), relating to interference with a guide dog.
(13) Violations of 18 V.S.A. § 4249, relating to the introduction of tobacco or tobacco products into a correctional facility.
(14) Violations of 21 V.S.A. chapter 5, subchapter 1, relating to conditions for employment.
(15) Violations of 9 V.S.A. § 3023(a), relating to the purchase and sale of scrap metal.
(16) Violations of 18 V.S.A. chapter 38 that are subject to civil penalties pursuant to subsection 1760a(a), relating to reducing lead hazards in housing.
(17) [Repealed.]
(18) Violations of 23 V.S.A. § 3327(d), relating to obeying a law enforcement officer while operating a vessel.
(19) Violations of rules adopted under 10 V.S.A. § 1424, relating to the use of public waters.
(20) Violations of 21 V.S.A. § 692(c)(1).
(21) Violations of State or municipal rental housing health and safety laws when the amount of the cumulative penalties imposed pursuant to 18 V.S.A. § 603 is $800.00 or less.
(22) Violations of 10 V.S.A. § 1266b, relating to the application of fertilizer to nonagricultural turf.
(23) Violations of 18 V.S.A. § 1513, relating to minors using tanning facilities.
(24) Violations of 18 V.S.A. §§ 4230a and 4230b, relating to possession of cannabis.
(25) Violations of 9 V.S.A. chapter 97A that are subject to civil penalties pursuant to 9 V.S.A. § 3890(a), relating to the purchase and sale of precious metal by a precious metal dealer, as defined in 9 V.S.A. § 3881.
(26) Violations of 9 V.S.A. § 4191, relating to the solicitation or acceptance of a fee to remove a booking photograph from the internet.
(27) Violations of 10 V.S.A. § 1454(a)-(d), relating to the transport of aquatic plants and aquatic nuisance species.
(28) Violations of 20 V.S.A. § 4625, relating to the use of drones near correctional facilities.
(29) Violations of 10 V.S.A. chapter 21, relating to the prohibition of outdoor advertising.
(30) Violations of 13 V.S.A. § 7611, relating to the unauthorized disclosure of sealed criminal history record information.
(31) Violations of 13 V.S.A. § 1033, relating to interference with access to health care facility.
(32) Violations of 23 V.S.A. § 1213(k), relating to tampering with an ignition interlock device on behalf of another person.
(33) Violations of 20 V.S.A. § 4626, relating to flying, and providing information about flying, a drone above privately owned real property without the owner’s consent.
(34) Violations of 13 V.S.A. § 3835, relating to placing a camera or other surveillance device on privately owned real property without the owner’s consent.
(35) Violations of 13 V.S.A. § 4083(a)(1) or (b)(1), relating to a first offense of possessing a firearm, frame or receiver of a firearm, or unfinished frame or receiver of a firearm that is not imprinted with a serial number.
[Subdivision (b)(36) repealed effective July 1, 2027.]
(36) Automated traffic law enforcement violations issued pursuant to 23 V.S.A. § 1606.
(c) The Judicial Bureau shall not have jurisdiction over municipal parking violations.
(d) Three hearing officers appointed by the Court Administrator shall determine waiver penalties to be imposed for violations within the Judicial Bureau’s jurisdiction, except municipalities shall adopt full and waiver penalties for civil ordinance violations pursuant to 24 V.S.A. § 1979. For purposes of municipal violations, the issuing law enforcement officer shall indicate the appropriate full and waiver penalty on the complaint.
(Added 1997, No. 121 (Adj. Sess.), § 4; amended 1999, No. 63, § 2; 1999, No. 120 (Adj. Sess.), § 10; 1999, No. 151 (Adj. Sess.), § 11; 1999, No. 160 (Adj. Sess.), § 6; 1999, No. 163 (Adj. Sess.), § 1a; 2005, No. 23, § 2; 2005, No. 164 (Adj. Sess.), § 1, eff. Sept. 30, 2006; 2007, No. 51, § 19; 2007, No. 64, § 1; 2007, No. 144 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 35, eff. Jan. 1, 2010; 2007, No. 195 (Adj. Sess.), § 11, eff. July 1, 2009; 2009, No. 30, § 5; 2009, No. 54, § 58; 2009, No. 78 (Adj. Sess.), § 6d; 2009, No. 121 (Adj. Sess.), § 2; 2009, No. 142 (Adj. Sess.), § 4; 2009, No. 147 (Adj. Sess.), § 6; 2011, No. 37, § 3, eff. Jan. 1, 2012; 2011, No. 73 (Adj. Sess.), § 8; 2011, No. 97 (Adj. Sess.), § 2, eff. May 2, 2012; 2013, No. 76, § 3; 2013, No. 196 (Adj. Sess.), § 4, eff. Jan. 1, 2015; 2015, No. 62, § 5; 2015, No. 106 (Adj. Sess.), § 2; 2017, No. 67, § 5, eff. June 8, 2017; 2017, No. 101 (Adj. Sess.), § 1, eff. April 17, 2018; 2019, No. 27, § 6, eff. Sept. 1, 2019; 2019, No. 48, § 7; 2019, No. 59, § 49; 2021, No. 65, § 9, eff. June 7, 2021; 2021, No. 147 (Adj. Sess.), § 6a, eff. May 31, 2022; 2023, No. 14, § 5, eff. May 10, 2023; 2023, No. 46, § 15, eff. June 5, 2023; 2023, No. 120 (Adj. Sess.), § 2, eff. February 28, 2025; 2023, No. 135 (Adj. Sess.), § 2, eff. July 1, 2025; 2023, No. 161 (Adj. Sess.), §§ 3, 41, 48, eff. June 6, 2024; 2025, No. 47, § 6, eff. July 1, 2025; 2025, No. 64, § 3, eff. June 12, 2025.)
Venue for violation hearings in the Judicial Bureau shall be in the unit of the Superior Court where the violation is alleged to have occurred.
(Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 54.)
The Chief Superior Judge shall appoint members of the Vermont Bar to serve as hearing officers to hear cases. Hearing officers shall be subject to the Code of Judicial Conduct.
(Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 55a; 2021, No. 147 (Adj. Sess.), § 21, eff. May 31, 2022.)
(a) A violation shall be charged upon a summons and complaint form approved and distributed by the Court Administrator. The complaint shall be signed by the issuing officer or by the State’s Attorney. The original shall be filed with the Judicial Bureau; a copy shall be retained by the issuing officer or State’s Attorney, and two copies shall be given to the defendant. The Judicial Bureau may, consistent with rules adopted by the Supreme Court pursuant to 12 V.S.A. § 1, accept electronic signatures on any document, including the signatures of issuing officers, State’s Attorneys, and notaries public. The complaint shall include a statement of rights, instructions, notice that a defendant may request a hearing or accept the penalties without a hearing, notice of the fee for failure to answer within 21 days, and other notices as the Court Administrator deems appropriate. The Court Administrator, in consultation with appropriate law enforcement agencies, may approve a single form for charging all violations or may approve two or more forms as necessary to administer the operations of the Judicial Bureau.
(b) A person who is charged with a violation shall have 21 days from the date the complaint is issued to request a hearing or to state that he or she will accept the penalties without a hearing. The Judicial Bureau shall assess against a defendant a fee of $20.00 for failure to answer a complaint within the time allowed. The fee shall be assessed in the default judgment and deposited in the Court Technology Special Fund established pursuant to section 27 of this title.
(c) A person who accepts the penalties may so indicate and sign the complaint. The Bureau shall accept the admission or statement that the allegations are not contested and accept payment of the waiver penalty.
(d) If the person sends in the amount of the waiver penalty without signing the complaint, the Bureau shall accept the payment indicating that payment was made and that the allegations were not contested.
(e) A person who denies the allegations or who wishes to have a hearing on the complaint for any other reason may so indicate and sign the complaint. Upon receipt, the Bureau shall schedule a hearing.
(f) If a person fails to appear or answer a complaint, the Bureau shall enter a default judgment against the person. However, no default judgment shall be entered until the filing of a declaration by the issuing officer or State’s Attorney, under penalty of perjury, setting forth facts showing that the defendant is not a person in military service as defined in 50 U.S.C. § 3911 (Servicemembers Civil Relief Act definitions), except upon order of the hearing officer in accordance with the Act. The Bureau shall mail a notice to the person that a default judgment has been entered. A default judgment may be set aside by the hearing officer for good cause shown.
(g) All Judicial Bureau judgments shall contain a notice of tax setoff pursuant to 32 V.S.A. § 5941.
(Added 1997, No. 121 (Adj. Sess.), § 4; amended 1999, No. 58, § 3; 1999, No. 160 (Adj. Sess.), § 7; 2007, No. 51, § 1; 2007, No. 153 (Adj. Sess.), § 17; 2013, No. 57, § 23; 2017, No. 74, § 6; 2019, No. 167 (Adj. Sess.), § 9, eff. Oct. 7, 2020.)
(a) The Bureau shall notify the person charged and the issuing officer of the time and place for the hearing.
(b) The hearing shall be held before a hearing officer and conducted in an impartial manner. The hearing officer may, by subpoena, compel the attendance and testimony of witnesses and the production of books and records. All witnesses shall be sworn. The burden of proof shall be on the State or municipality to prove the allegations by clear and convincing evidence. As used in this section, “clear and convincing evidence” means evidence that establishes that the truth of the facts asserted is highly probable. Certified copies of records supplied by the Department of Motor Vehicles or the Agency of Natural Resources and presented by the issuing officer or other person shall be admissible without testimony by a representative of the Department of Motor Vehicles or the Agency of Natural Resources.
(c) The hearing officer shall make findings that shall be stated on the record or, if more time is needed, made in writing at a later date. The hearing officer may make a finding that the person has committed a lesser included violation. If the hearing officer finds that the defendant committed a violation, the hearing officer shall consider evidence of ability to pay, if offered by the defendant, prior to imposing a penalty.
(d) Unless otherwise provided by law, a law enforcement officer may void or amend a complaint issued by that officer by so marking the complaint and returning it to the Bureau, regardless of whether the amended complaint is a lesser included violation. At the hearing, a law enforcement officer may, unless otherwise provided by law, void or amend a complaint issued by that officer in the discretion of that officer.
(e) A State’s Attorney may dismiss or amend a complaint.
(f) The Supreme Court shall establish rules for the conduct of hearings under this chapter.
(Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 54, § 59, eff. June 1, 2009; 2009, No. 154 (Adj. Sess.), § 55b; 2011, No. 73 (Adj. Sess.), § 9; 2015, No. 147 (Adj. Sess.), § 21; 2025, No. 64, § 4, eff. June 12, 2025.)
(a) A decision of the hearing officer may be appealed to the Criminal Division of the Superior Court. The proceeding before the Criminal Division of the Superior Court shall be on the record or, at the option of the defendant, de novo. The defendant shall have the right to trial by jury. An appeal shall stay payment of a penalty and the imposition of points.
(b) [Repealed.]
(c) If a decision is appealed, the State’s Attorney of the county in which the violation occurred shall represent the State, and the State’s Attorney, municipal attorney, or other designee of the legislative body of the municipality shall represent the municipality.
(d) No appeal as of right exists to the Supreme Court. On motion made to the Supreme Court by a party, the Supreme Court may allow an appeal to be taken to it from the Criminal Division of the Superior Court.
(Added 1997, No. 121 (Adj. Sess.), § 4; amended 2005, No. 188 (Adj. Sess.), § 7; 2009, No. 54, § 60, eff. June 1, 2009; 2009, No. 154, §§ 236, 238; 2011, No. 73 (Adj. Sess.), § 10; 2017, No. 93 (Adj. Sess.), § 3.)
(a) Subject to the limits of this section and notwithstanding any provision of law to the contrary, an assistant judge sitting alone shall have the same jurisdiction, powers, and duties to hear and decide matters within the jurisdiction of the Judicial Bureau under section 1102 of this title as a hearing officer has under the provisions of this chapter.
(b)(1) An assistant judge who elects to hear and decide matters in the Judicial Bureau shall:
(A) [Repealed.]
(B) have successfully completed at least 40 hours of training, which shall be provided by the Court Administrator; and
(C) annually complete eight hours of continuing education supervised by the Court Administrator.
(2) The training and education required by this subsection shall be developed by the Court Administrator in consultation with the Association of Assistant Judges. Law clerk assistance shall be available to the assistant judges.
(c) The Chief Superior Judge may assign or direct assignment of an assistant judge with the assistant judge’s consent to hear matters in the Judicial Bureau within the county in which the assistant judge presides or in a county other than the county in which the assistant judge presides if the assistant judge has elected to hear and decide such matters.
(Added 1997, No. 121 (Adj. Sess.), § 4; amended 2005, No. 167 (Adj. Sess.), § 6, eff. May 20, 2006; 2009, No. 154 (Adj. Sess.), § 55a; 2021, No. 147 (Adj. Sess.), § 22, eff. May 31, 2022.)
(a) Definitions. As used in this section:
(1) “Amount due” means all financial assessments contained in a Judicial Bureau judgment, including penalties, fines, surcharges, court costs, and any other assessment authorized by law.
(2) “Designated collection agency” means a collection agency designated by the Court Administrator.
(3) [Repealed.]
(b) Late fees; payment plans.
(1) A Judicial Bureau judgment shall provide notice that a $30.00 fee shall be assessed for failure to pay within 30 days. If the defendant fails to pay the amount due within 30 days, the fee shall be added to the judgment amount and deposited in the Court Technology Special Fund established pursuant to section 27 of this title.
(2) At minimum, the Judicial Bureau shall offer a payment plan option that allows an individual to pay not more than $30.00 per traffic violation judgment per month and not to exceed $100.00 per month if the individual has four or more outstanding judgments.
(c) Civil contempt proceedings.
(1) Commencement. If an amount due remains unpaid for 75 days after the Judicial Bureau provides the defendant with a notice of judgment and the defendant is not currently complying with a payment plan, the Judicial Bureau may initiate civil contempt proceedings pursuant to this subsection.
(2) Notice of hearing. The Judicial Bureau shall provide notice by first-class mail sent to the defendant’s last known address that a contempt hearing will be held pursuant to this subsection and that failure to appear at the contempt hearing may result in the sanctions listed in subdivision (3) of this subsection.
(3) Failure to appear. If the defendant fails to appear at the contempt hearing, the hearing officer may direct the clerk of the Judicial Bureau to do one or more of the following:
(A) cause the matter to be reported to one or more designated collection agencies; or
(B) refer the matter to the Criminal Division of the Superior Court for contempt proceedings.
(C) [Repealed.]
(4) Hearing.
(A) Procedure. The hearing shall be conducted in a summary manner. The hearing officer shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant’s ability to pay the amount due. The State or municipality shall not be a party except with the permission of the hearing officer. The defendant may be represented by counsel at the defendant’s own expense.
(B) Traffic violations; reduction of amount due. When the judgment is based upon a traffic violation, the hearing officer may waive the reinstatement fee required pursuant to 23 V.S.A. § 675(a) or reduce the amount due on the basis of the defendant’s driving history, ability to pay, or service to the community; the collateral consequences of the violation; or the interests of justice. The hearing officer’s decision to reduce the amount due shall not be subject to review or appeal except in the case of a violation of rights guaranteed under the Vermont or U.S. Constitution.
(5) Contempt.
(A) The hearing officer may conclude that the defendant is in contempt if the hearing officer states in written findings a factual basis for concluding that:
(i) the defendant knew or reasonably should have known that the defendant owed an amount due on a Judicial Bureau judgment;
(ii) the defendant had the ability to pay all or any portion of the amount due; and
(iii) the defendant failed to pay all or any portion of the amount due.
(B) In the contempt order, the hearing officer may do one or more of the following:
(i) Set a date by which the defendant shall pay the amount due.
(ii) Assess an additional penalty not to exceed 10 percent of the amount due.
(iii) [Repealed.]
(iv) Recommend that the Criminal Division of the Superior Court incarcerate the defendant until the amount due is paid. If incarceration is recommended pursuant to this subdivision (c)(5), the Judicial Bureau shall notify the Criminal Division of the Superior Court that contempt proceedings should be commenced against the defendant. The Criminal Division of the Superior Court proceedings shall be de novo. If the defendant cannot afford counsel for the contempt proceedings in the Criminal Division of the Superior Court, the Defender General shall assign counsel at the Defender General’s expense.
(d) Collections.
(1) If an amount due remains unpaid after the issuance of a notice of judgment, the Court Administrator may authorize the clerk of the Judicial Bureau to refer the matter to a designated collection agency.
(2) The Court Administrator or the Court Administrator’s designee is authorized to contract with one or more collection agencies for the purpose of collecting unpaid Judicial Bureau judgments pursuant to 13 V.S.A. § 7171.
(e) Venue. For purposes of civil contempt proceedings, venue shall be statewide. No entry or motion fee shall be charged to a defendant who applies for a reduced judgment under subdivision (c)(4)(B) of this section.
(f) Collections. Notwithstanding 32 V.S.A. § 502, the Court Administrator is authorized to contract with a third party to collect fines, penalties, and fees by credit card, debit card, charge card, prepaid card, stored value card, and direct bank account withdrawals or transfers, as authorized by 32 V.S.A. § 583, and to add on and collect, or charge against collections, a processing charge in an amount approved by the Court Administrator.
(Added 2007, No. 51, § 2; amended 2007, No. 153 (Adj. Sess.), § 18; 2009, No. 154, § 238; 2013, No. 128 (Adj. Sess.), § 1; 2015, No. 147 (Adj. Sess.), § 5, eff. May 31, 2016; 2019, No. 149 (Adj. Sess.), § 10; 2023, No. 6, § 12, eff. July 1, 2023; 2023, No. 19, § 1, eff. June 24, 2023.)
(a) As used in this section, “license” means any license, certification, or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation, or a license required to engage in recreational activities, including licenses to hunt, fish, or trap.
(b) Every applicant for a license shall sign a statement that the applicant is in good standing with respect to any unpaid judgment issued by the Judicial Bureau or Criminal Division of the Superior Court for fines or penalties for a violation or criminal offense. A license may not be issued or renewed without such a statement.
(c) For the purposes of this section, a person is in good standing with respect to any unpaid judgment issued by the Judicial Bureau or Criminal Division of the Superior Court for fines or penalties for a violation or criminal offense if:
(1) 60 days or fewer have elapsed since the date a judgment was issued; or
(2) the person is in compliance with a repayment plan approved by the judiciary.
(Added 2007, No. 51, § 3, eff. Jan. 1, 2008; amended 2009, No. 154, § 238.)
(a) A law enforcement officer is authorized to detain a person if:
(1) the officer has reasonable grounds to believe the person has committed a civil violation of Title 7, 10, 13, 18, or 23; and
(2) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.
(b) The person may be detained under this section only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a judge in the Criminal Division of the Superior Court for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.
(Added 2013, No. 194 (Adj. Sess.), § 12, eff. June 17, 2014.)
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