The Judiciary of Vermont is the state court system of

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 ...

, charged with

Vermont law The Vermont Statutes Annotated is the official codification of the laws enacted by the General Assembly of the U.S. state of Vermont. Vermont Statutes *Title 1: General Provisions *Title 2: Legislature *Title 3: Executive *Title 3 Appendix: Exe ...

Vermont Constitution

The Vermont courts are established 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 ...

in sections 28-41 (Judiciary Department). The justices of the

Vermont Supreme Court The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court. The Court ...

and judges of all lower courts except assistant judges and probate judges serve for six-year terms, which are renewable following a majority retention vote in the

Vermont General Assembly The Vermont General Assembly is the legislative body of the state of Vermont, in the United States. The Legislature is formally known as the "General Assembly," but the style of "Legislature" is commonly used, including by the body itself. The G ...

. All Vermont Constitution provides for a

mandatory retirement Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire. As ...

of Supreme Court justices and lower court judges at 90 years of age, as prescribed by law by the General Assembly, or if the General Assembly has not so provided by law at the age of 70 or at the end of the term of election during which they attain the age of 70. The constitution also provides that justices and judges be given a pension as provided by law and that the chief justice "may from time to time appoint retired justices and judges to special assignments as permitted under the rules of the Supreme Court."

Supreme Court

The

is the

state supreme court In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in b ...

, based in the

state capital Below is an index of pages containing lists of capital cities. National capitals *List of national capitals * List of national capitals by latitude *List of national capitals by population * List of national capitals by area * List of capital c ...

of Montpelier. Because Vermont has no intermediate

appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

s, it is the sole state appellate court, mainly hearing appeals on

questions of law In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by referenc ...

from lower courts, although there are a few instances in which the Court has

original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...

. The Supreme Court also is responsible for administration of the Vermont court system; it makes state court procedural rules. The Supreme Court is established in the Vermont Constitution which provides in section 29 that the court shall consist of a chief justice and four

associate justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...

s and in section 30 that: :The Supreme Court shall exercise appellate jurisdiction in all cases, criminal and civil, under such terms and conditions as it shall specify in rules not inconsistent with law. The Supreme Court shall have original jurisdiction only as provided by law, but it shall have the power to issue all writs necessary or appropriate in aid of its appellate jurisdiction. The Supreme Court shall have administrative control of all the courts of the state, and disciplinary authority concerning all judicial officers and attorneys at law in the State. In 2008, justices were paid $129,245 annually. This ranks 41st in the nation.

County courts

The state constitution provides for the creation of lower courts that may have original and appellate jurisdiction and be divided into geographical and functional divisions, "as provided by law or by judicial rules adopted by the Supreme Court not inconsistent with law." The state constitution also provides that state courts may act as both

courts of law A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...

and courts of equity. Vermont Statutes have established a number of courts, each exercising jurisdiction in one of the 14 Vermont counties. The courts are based in shire towns (County seats), where the courthouses are located. The state's attorney may earn $89,003.20 annually. The county sheriff may earn $65,790.40 annually. In 2010 the court system was integrated. The criminal, civil, family and environmental courts became part of a new Superior Court. The Probate Court was merged with the family court in February 2011 and all applicable county employees became state employees.

Superior courts

Superior Courts exercise

exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court ...

over most

civil cases Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law r ...

, including

torts A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...

and lawsuits over

small claims Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may ...

of $5000 or less. Superior courts also reviews decisions of lower courts and appeals to administrative agency decisions. Three judges, a presiding judge and two assistant judges sit on each Superior Court. The assistant judges (or

side judge Side judge, or assistant judge, is a judicial position unique to the U.S. state of Vermont. There are two side judges in each of Vermont's 14 counties. Like lay judges, side judges are usually not legal professionals. Duties and responsibilities ...

s) are elected

county A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...

officials, who sit with the judge in certain cases and are responsible for non-judicial county affairs as well, an unusual system unique to Vermont. Each Superior Court also has a court clerk and deputy court clerk, appointed by the court. The Superior Court clerk is also the county clerk and the clerk of the county court.

District courts

District Courts hear almost all criminal cases and a few civil cases, including civil suspension of

driver's license A driver's license is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a public ...

s and fish and wildlife,

traffic ticket A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, indicating that the user has violated traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding ...

, and

municipal ordinance A local ordinance is a law issued by a local government. such as a municipality, county, parish, prefecture, or the like. China In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as ''Ordinances'' () af ...

violations. There are 17 District Court judges: one in each county except for Chittenden County (the most populous in the state), which has six. A district judge may earn $122,865 annually.

Family courts

Family courts hear

family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...

matters, including

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

(

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...

annulment Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...

, desertion, and separation);

child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...

;

parent A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child (where "child" refers to offspring, not necessarily age). A ''biological parent'' is a person whose gamete resulted in a child, a male t ...

age; domestic violence and

orders of protection A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protecti ...

for

domestic abuse Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for '' intimate partne ...

victims; juveniles (

delinquency Delinquent or delinquents may refer to: * A person who commits a felony * A juvenile delinquent, often shortened as delinquent is a young person (under 18) who fails to do that which is required by law; see juvenile delinquency * A person who fa ...

, abuse and neglect) and commitments to the

Vermont State Hospital Vermont State Hospital, alternately known as the Vermont State Asylum for the Insane and the Waterbury Asylum, was a mental institution built in 1890 in Waterbury, Vermont to help relieve overcrowding at the privately run Vermont Asylum for the In ...

, the state

psychiatric hospital Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociat ...

. District Court judges, Superior Court judges, Family Court magistrates and assistant judges sit in Family Court. All Family Court matters except for child support are mainly decided by the presiding judge; child support orders are the responsibility of Family Court

magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...

s. No

jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...

s take place in Family Court. If one or both are available, side judges may sit with the presiding judge. In some jurisdictions, the Superior Court judge may be the presiding judge of the Family Court as well.

Probate courts

Probate Courts Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...

deal with probate,

wills Wills may refer to: * Will (law) A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person (executor) is to manage the pr ...

and

testamentary trust A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified in their will. A will may contain more than one testamentary trust, and may address a ...

s, adoptions, guardianship,

emancipation of minors Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are norm ...

, uniform gifts to minors, and name changes. There are 18 Probate Court judges, elected for four-year terms; Probate Court judges need not be attorneys. The clerk of the probate court is appointed. A typical salary for the judge is $51,542.40. A typical salary for the clerk is $30,721.60.

Vermont Environmental Court

The Vermont Environmental Court is a specialized court dealing with environmental law. The Court hears appeals from municipal boards and commissions and appeals from Act 250 decisions as well as cases from the Agency of Natural Resources, Natural Resource Board, and municipal enforcement. There are two Environmental Court judges on the court, which is based in

Barre Barre or Barré may refer to: * Barre (name) or Barré, a surname and given name Places United States * Barre, Massachusetts, a New England town ** Barre (CDP), Massachusetts, the central village in the town * Barre, New York, a town * Barre (ci ...

Vermont Judicial Bureau

The Vermont Judicial Bureau is a specialized court with subject matter jurisdiction over civil violations of Vermont law and municipal ordinances. The Judicial Bureau operates under the supervision of the Vermont Supreme Court. Appeals from the Judicial Bureau are heard by the Criminal Division of the Vermont Superior Court. Appeals filed by the State are heard on the record. Appeals filed by a defendant may be on the record, de novo by judge, or de novo by jury at the option of the defendant. The Judicial Bureau operates under the Vermont Rules of Civil Procedure, in particular V.R.C.P. 80.6. Civil violations include an array of decriminalized conduct involving operation of motor vehicles (traffic), hunting/fishing/trapping, possession of alcohol/tobacco/marijuana, hazing, lead paint abatement, unreasonable noise, animal cruelty, etc. Police officers, municipal officials designated by the legislative body of a municipality, county state's attorneys, the state attorney general, and certain other state executive branch officials have authority to prosecute civil violations. Defendants typically conduct their own defense, but may hire attorney at their own expense. Pre-trial motions and discovery are not allowed, unless permission has been granted by a judicial officer. At the merits hearing, both parties may call witnesses and offer exhibits. Witnesses may be compelled to appear by subpoena. The burden of proof is on the State or municipality to prove the alleged violation by clear and convincing evidence, meaning the truth of the facts asserted is highly probable. This burden is higher than the ordinary civil burden of proof by a preponderance of the evidence, but lower than the criminal burden of proof beyond a reasonable doubt. If the State or municipality meets its burden of proof, the assessed penalties may include a fine, demerit points or suspension of a driver license or fish & wildlife license, and community service. Merits hearings and motion hearings are conducted throughout the State by various judicial officers, including a statewide Chief Hearing Officer, a statewide Hearing Officer, and several county Assistant Judges. Contempt hearings are conducted by Hearing Officers. Hearing Officers also sit in the Vermont Superior Court by special assignment. Hearing Officers are members of the Vermont Bar appointed by the Chief Superior Court Judge. Assistant Judges are citizens elected in their respective county of residence. The Judicial Bureau has one Clerk. The Clerk supervises the Court Operations Manager and a statewide administrative staff at the courthouse in White River Junction.

Budget

The judiciary system budget was approximately $30 million in 2009.

Notes

External links

Official websiteMaximum salaries of Vermont State Officers including justices of the Supreme Court
{{Judiciaries of the United States Government of Vermont Vermont state courts