Side judge, or assistant judge, is a judicial position unique to the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...

Vermont Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...

. There are two side judges in each of Vermont's 14 counties. Like

lay judge A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not perman ...

s, side judges are usually not legal professionals.

Duties and responsibilities

While Family, District and Superior Court judges are appointed by the Governor, probate and side judges are elected. Side judges run

at-large At large (''before a noun'': at-large) is a description for members of a governing body who are elected or appointed to represent a whole membership or population (notably a city, county, state, province, nation, club or association), rather than ...

(not specifically for one of the two seats) and county-wide in November of even-numbered, non-presidential election years, and serve four-year terms. The terms begin on the following February 1. In the event of a vacancy, the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

is empowered to appoint a replacement. Side judges sit with the judge in

Superior Superior may refer to: *Superior (hierarchy), something which is higher in a hierarchical structure of any kind Places *Superior (proposed U.S. state), an unsuccessful proposal for the Upper Peninsula of Michigan to form a separate state *Lake ...

(civil cases and violations of traffic laws and municipal ordinances) and

Family Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...

Court. There are Superior and Family Courts located in each of Vermont's 14 counties at their "shire town" or county seat. There are normally two side judges on the bench, but the court may proceed with only one side judge or none. In theory the side judges, who are generally not attorneys, have input only on matters of fact, with matters of law left to the presiding judge, but the vote of a side judge has the same weight as that of the judge, so two side judges can outvote the judge. If there is only one side judge and the side judge and the judge disagree on a matter of fact, a

mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...

is declared. Side judges who undergo some training may also sit alone in small claims, uncontested divorces, traffic offenses, and violations of municipal ordinances. Side judges have administrative duties in addition to court responsibilities. They appoint the County Clerk, Treasurer and Auditor, Road Commissioners, and Notaries Public, manage the county courthouse, sheriff's office and other property, and prepare the county budget. As a result, side judges receive two types of compensation: a salary for their administrative duties, paid by the county, and a per diem for their judicial duties, paid by the state. Once the county budget has been determined, municipalities in the county are assessed a portion, based on their grand list (total evaluation of property in the municipality). Vermont's Assistant Judges also have a professional association and lobbying group, the Vermont Association of County Judges. Hyde park courthouse 20040313

History

The position of side judge was part of Vermont's government during the mid to late 1700s period of the

Vermont Republic The Vermont Republic ( French: ''République du Vermont''), officially known at the time as the State of Vermont ( French: ''État du Vermont''), was an independent state in New England that existed from January 15, 1777, to March 4, 1791. The ...

, and was continued in the

Vermont Constitution The Constitution of the State of Vermont is the fundamental body of law of the U.S. state of Vermont, describing and framing its government. It was adopted in 1793 following Vermont's admission to the Union in 1791 and is largely based upon the ...

when Vermont was admitted to the Union as the fourteenth state in 1791. The idea of side judges appear to have been borrowed from the colony of

Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...

, and they were also part of the judiciary in other states, including

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

and

Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...

. In Vermont, they were created in part because early Vermont residents were distrustful of lawyers, many of whom had received their training in

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

before the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...

, making their loyalty suspect, or had supported

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

during the dispute between New York's colonial government and Vermont's original white settlers over control of Vermont's first towns. The founders of Vermont had purchased their land grants from

Benning Wentworth Benning Wentworth (July 24, 1696 – October 14, 1770) was an American merchant and colonial administrator who served as the governor of New Hampshire from 1741 to 1766. While serving as governor, Wentworth is best known for issuing several la ...

, the

Governor of New Hampshire The governor of New Hampshire is the head of government of New Hampshire. The governor is elected during the biennial state general election in November of even-numbered years. New Hampshire is one of only two states, along with bordering Verm ...

. When the British government supported New York's attempts to assert control, those with New Hampshire land grants refused to re-purchase them from New York. Adding lay judges to the courts was a means of ensuring that pro-British or pro-New York judges could not control the courts. Though reorganization of the judiciary in other states eliminated the side judge position, It has continued in Vermont. Some updates and changes to Vermont's court system included elimination or a reduced role for the side judges, but most of those efforts have been unsuccessful.

Notable side judges

David M. Camp David M. Camp (April 21, 1788 – February 20, 1871) was a Vermont attorney and politician who served as the List of Lieutenant Governors of Vermont, 12th lieutenant governor of Vermont from 1836 to 1841 under Governor Silas H. Jennison. Biograph ...

Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

from 1836 to 1841, Orleans County Assistant Judge, 1830 to 1832 and 1834 to 1835. * William Chamberlain,

United States Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

, 1803 to 1805, 1809 to 1811,

Orange County Orange County most commonly refers to: *Orange County, California, part of the Los Angeles metropolitan area Orange County may also refer to: U.S. counties *Orange County, Florida, containing Orlando *Orange County, Indiana *Orange County, New ...

Assistant Judge, 1795–1796. *

Augustine Clarke Augustine Clarke (c.1780 – June 17, 1841) was a Vermont attorney, banker and politician who was a leader of the Anti-Masonic Party and served as Vermont State Treasurer. Early life Details of Clarke's birth are not known for certain. His nam ...

Vermont State Treasurer The State Treasurer's Office is responsible for several administrative and service duties, in accordance with Vermont Statutes. These include: investing state funds; issuing state bonds; serving as the central bank for state agencies; managing the ...

from 1833 to 1837,

Caledonia County Caledonia County is a county located in the northeastern part of the U.S. state of Vermont. As of the 2020 census, the population was 30,233. Its shire town (county seat) is the town of St. Johnsbury. The county was created in 1792 and organ ...

Assistant Judge, 1824–1825. *

Charles S. Dana Charles S. Dana (September 13, 1862 – December 29, 1939) was a Vermont farmer, newspaper correspondent and politician who served as Speaker of the Vermont House of Representatives. Biography Charles Summers Dana was born in New Haven, Vermon ...

Speaker of the Vermont House of Representatives The Speaker of the Vermont House of Representatives is the Speaker or presiding officer of the Vermont House of Representatives, the lower house of the Vermont Legislature. The Speaker presides over sessions of the Houses, recognizes members so t ...

from 1917 to 1921,

Addison County Addison County is a County (United States), county located in the U.S. state of Vermont. As of the 2020 United States Census, 2020 census, the population was 37,363. Its shire town (county seat) is the town of Middlebury (town), Vermont, Middle ...

Assistant Judge, 1908–1912. * Edward H. Edgerton,

President pro tempore of the Vermont State Senate The President ''pro tempore'' of the Vermont Senate presides over the Senate of the U.S. state of Vermont in the absence of the Lieutenant Governor. The President ''pro tempore'' also sets the policy priorities and legislative agenda for the Senate. ...

from 1925 to 1927, Windsor County Assistant Judge, 1913–1921. * Abram W. Foote,

from 1921 to 1923, Assistant Judge of

from 1902 to 1906. *

Jonas Galusha Jonas Galusha (February 11, 1753September 24, 1834) was the sixth and eighth governor of Vermont for two terms in the early 19th century. Biography Galusha, born in Norwich in the Colony of Connecticut, moved with his siblings and his parents, ...

Governor of Vermont The governor of Vermont is the head of government of Vermont. The officeholder is elected in even-numbered years by direct voting for a term of 2 years. Vermont and bordering New Hampshire are the only states to hold gubernatorial elections every ...

from 1809 to 1813 and 1815 to 1820, Assistant Judge of

Bennington County Bennington County is a county in the U.S. state of Vermont. As of the 2020 census, the population was 37,347. The shire towns (county seats) are jointly Bennington ("The Southshire") and Manchester ("The Northshire"), and the largest municipal ...

from 1795 to 1798. * William Hunter,

, 1817 to 1819, Assistant Judge of Windsor County, 1805–1816. *

Elias Keyes Elias Keyes (April 14, 1758July 9, 1844) was an American politician and judge. He served as a U.S. Representative from Vermont. Biography Keyes was born in Ashford in the Connecticut Colony. He attended the common schools and later read law. K ...

from 1821 to 1823, Assistant Judge of Windsor County, 1803 to 1814. * William C. Kittredge,

from 1852 to 1853,

Rutland County Rutland County is a county located in the U.S. state of Vermont. As of the 2020 census, the population was 60,572, making it the second-most populous county in Vermont. Its county seat and most populous municipality is the city of Rutland. H ...

Assistant Judge, 1831–1838. *

Aaron Leland Aaron Leland (May 28, 1761 – August 25, 1832) was a Vermont minister and politician who served as the seventh lieutenant governor of Vermont. Biography Aaron Leland was born in Holliston, Massachusetts, on May 28, 1761. He was ordained as a Ba ...

from 1822 to 1827, Windsor County Assistant Judge, 1803–1817, 1818–1822. * Orlando L. Martin,

from 1923 to 1925, Washington County Assistant Judge, 1939 to his death. *

Samuel Mattocks Samuel Mattocks (December 30, 1739 – January 18, 1804) was a Connecticut and Vermont Continental Army officer and political figure who served as Vermont State Treasurer during the state's early years. Early life Samuel Mattocks was born in Midd ...

from 1786 to 1800,

Assistant Judge, 1783–1788, 1794. *

Gideon Olin Gideon Olin (November 2, 1743January 21, 1823) was an American politician. He served as a United States representative from Vermont. Biography Olin was born in East Greenwich in the Colony of Rhode Island and Providence Plantations to John and ...

, 1803–1807, Assistant Judge of

, 1781–1798. *

William M. Pingry William M. Pingry (May 28, 1806 – May 1, 1885) was a Vermont attorney and politician who served as State Auditor State auditors (also known as state comptrollers, state controllers, state examiners, or inspectors general) are fiscal office ...

Vermont Auditor of Accounts The Vermont State Auditor of Accounts is one of six constitutional officers in Vermont, elected statewide every two years. The Office provides an independent and objective assessment of Vermont's governmental operations. The current Auditor is ...

from 1853 to 1860, Assistant Judge in both

Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on ...

(1838–1839) and

Windsor Windsor may refer to: Places Australia *Windsor, New South Wales ** Municipality of Windsor, a former local government area *Windsor, Queensland, a suburb of Brisbane, Queensland **Shire of Windsor, a former local government authority around Wind ...

(1880 to his death) Counties. * Thomas Porter,

, 1780 to 1782, Assistant Judge of

, 1781–1782. * James M. Slade, son of

William Slade William Slade may refer to: * William Slade (politician) (1786–1859), American politician, governor of Vermont * William Slade (valet), employee of President Lincoln * Will Slade (born 1983), Australian footballer * William Slade (athlete) ...

from 1856 to 1857, Assistant Judge of

, 1868 to 1870. * John Spaulding,

from 1841 to 1846. *

Paul Spooner Paul Spooner (March 20, 1746 – September 4, 1789) was a Vermont political figure who served as lieutenant governor. Early life Paul Spooner was born in Dartmouth, Massachusetts on March 20, 1746. He was the youngest of the 10 children of El ...

, 1782 to 1787, Windsor County Assistant Judge, 1779–1782, 1785–1789. * Zed S. Stanton,

Lieutenant Governor of Vermont The lieutenant governor of Vermont is elected for a two-year term and chosen separately from the governor. The Vermont Lieutenant Governor's main responsibilities include acting as governor when the governor is out of state or incapacitated, presi ...

from 1902 to 1904, Washington County Assistant Judge, 1884–1888. * John Strong,

in 1786, Assistant Judge of

, 1781–1782. *

John E. Weeks John Eliakim Weeks (June 14, 1853 – September 10, 1949) was an American politician from Vermont. He served as the 61st governor of Vermont from 1927 to 1931. Early life Weeks was born in Salisbury, Vermont, on June 14, 1853, the son of Ebenez ...

from 1927 to 1931,

Assistant Judge, 1884–1886. *

David Wing Jr. David Wing Jr. (June 24, 1766 – September 13, 1806) was a Vermont public official whose service in government included four years as Secretary of State of Vermont. Biography David Wing Jr. was born in Rochester, Massachusetts on June 24, 1766. ...

Secretary of State of Vermont The secretary of state of Vermont is one of five cabinet-level constitutional officers in the U.S. state of Vermont which are elected every two years. The secretary of state is fourth (behind the lieutenant governor, speaker of the House of Repres ...

from 1802 to 1806, Caledonia County Assistant Judge, 1797-1803, Presiding Judge, 1804-1806. *

Augustus Young Augustus Young (born 1943 in Cork, Ireland) is an Irish poet. Biography Young worked in London as an epidemiologist and adviser to health authorities, and now lives in France. His first collections of poems, ''Survival'' (1969) and ''On Loani ...

, 1841 to 1843, Franklin County Assistant Judge, 1851–1854.

Current side judges

As of June 2022, the assistant judges in each county are:

References

External links

Rutland Herald article

Vermont's Court System
{dead link, date=May 2018 , bot=InternetArchiveBot , fix-attempted=yes Region-specific legal occupations Vermont state court judges