Vermont court system
Encyclopedia
The Vermont court system is the state court system
of Vermont
, charged with Vermont law
. All officers are considered state employees, whether elected or appointed.
and judges of all lower courts except assistant judges and probate judges are hold six-year terms, which are renewable following a majority retention vote
in the Vermont General Assembly
.
All Vermont Constitution provides for a mandatory retirement 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."
is the state supreme court
, based in the state capital of Montpelier
. Because Vermont has no intermediate appellate court
s, it is the sole state appellate court, mainly hearing appeal
s on questions of law
from lower courts, although there are a few instances in which the Court has original jurisdiction
. 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
s and in section 30 that:
In 2008, justices were paid $129,245 annually. This ranks 41st in the nation.
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 courthouse
s 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 will be merged with the family court in February 2011. That is when all county employees become state employees.
over most civil cases
, including torts and lawsuit
s over small claims
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
s) are elected county
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 the also the county clerk and the clerk of the county court.
and a few civil cases, including civil suspension of driver's license
s and fish and wildlife, traffic ticket
, and municipal ordinance
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.
s hear family law
matters, including marriage
(divorce
, annulment
, desertion
, and separation
); child support
; parent
age; domestic violence
and orders of protection
for domestic abuse victims; juveniles
(delinquency
, abuse and neglect
) and commitments
to the Vermont State Hospital
, the state psychiatric hospital
. 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
s. No jury trial
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.
deal with probate
, wills
and testamentary trust
s, adoption
s, guardianship
, emancipation of minors
, uniform gifts to minors
, and name change
s. 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.
. 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.
whose jurisdiction
is over complaints issued by state and local law enforcement officers, including civil violation complaints (traffic tickets), municipal ordinances, fish and wildlife violations, hazing
, and minors possessing alcohol
. Defendant
s may admit to the complaint and pay the penalty, usually a fine, or can contest the violation cited and have the cases decided by a hearing officer. During the hearing
, both parties may present evidence
and call witness
es. The burden of proof for the state or municipality is clear and convincing evidence. Either party may appeal the decision in District Court. There are four hearing officers.
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, charged with Vermont law
Vermont law
Vermont law is the state law of Vermont.Vermont law is based on the Vermont Constitution and the 33 titles of Vermont Statutes.-Vermont Statutes:*Title 1: General Provisions*Title 2: Legislature*Title 3: Executive...
. All officers are considered state employees, whether elected or appointed.
Vermont Constitution
The Vermont courts are established in the Vermont Constitution in sections 28-41 (Judiciary Department). The justices of the Vermont Supreme CourtVermont Supreme Court
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont and is one of seven state courts of Vermont.The Court consists of a chief justice and four associate justices; the Court mostly hears appeals of cases that have been decided by other courts...
and judges of all lower courts except assistant judges and probate judges are hold six-year terms, which are renewable following a majority retention vote
Retention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...
in the Vermont General Assembly
Vermont General Assembly
The Vermont General Assembly is the legislative body of the U.S. state of Vermont. The Legislature is formally known as the "General Assembly," but the style of "Legislature" is commonly used, including by the body itself...
.
All Vermont Constitution provides for a mandatory retirement 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
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
as provided by law and that the chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
"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 Vermont Supreme CourtVermont Supreme Court
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont and is one of seven state courts of Vermont.The Court consists of a chief justice and four associate justices; the Court mostly hears appeals of cases that have been decided by other courts...
is the state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
, based in the state capital of Montpelier
Montpelier, Vermont
Montpelier is a city in the U.S. state of Vermont that serves as the state capital and the shire town of Washington County. As the capital of Vermont, Montpelier is the site of the Vermont State House, seat of the legislative branch of Vermont government. The population was 7,855 at the 2010...
. Because Vermont has no intermediate appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s, it is the sole state appellate court, mainly hearing appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s on questions of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
from lower courts, although there are a few instances in which the Court has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
. The Supreme Court also is responsible for administration of the Vermont court system; it makes state court procedural rules
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
.
The Supreme Court is established in the Vermont Constitution which provides in section 29 that the court shall consist of a chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and four associate justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
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 lawCourt
A court is a form of tribunal, often a governmental 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 with the rule of law...
and courts of equity
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
.
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 seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....
(County seats), where the courthouse
Courthouse
A courthouse is a building that is home to a local court of law and often the regional county government as well, although this is not the case in some larger cities. The term is common in North America. In most other English speaking countries, buildings which house courts of law are simply...
s are located. The state's attorney
State's Attorney
In the United States, the State's Attorney is, most commonly, an elected official who represents the State in criminal prosecutions and is often the chief law enforcement officer of their respective county, circuit...
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 will be merged with the family court in February 2011. That is when all county employees become state employees.
Superior courts
Superior Courts exercise exclusive jurisdictionExclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
over most civil cases
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, including torts and lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s over small claims
Small claims court
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 the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
of $5000 or less. Superior courts also reviews decisions of lower courts and appeals to administrative agency decisions
United States administrative law
United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always...
. Three judges, a presiding judge and two assistant judges sit on each Superior Court. The assistant judges (or side judge
Side judge
Side judge is a judicial position apparently unique to the state of Vermont. Side judges sit with the judge in Superior and Family court. There is a Superior and a Family Court located in each of Vermont's 14 county at their "shire town" or county seat...
s) are elected county
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
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
Court clerk
A court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
and deputy court clerk, appointed by the court. The Superior Court clerk is the also the county clerk and the clerk of the county court.
District courts
District Courts hear almost all criminal casesCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
and a few civil cases, including civil suspension of driver's license
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
s and fish and wildlife, traffic ticket
Traffic ticket
A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, accusing violation of traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation,...
, and municipal ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
violations. There are 17 District Court judges: one in each county except for Chittenden County
Chittenden County, Vermont
Chittenden County is a county located in the U.S. state of Vermont. As of 2010, the population was 156,545. Its shire town is Burlington. Chittenden is the most populous county in the state, with more than twice as many residents as Vermont's second-most populous county, Rutland.Chittenden County...
(the most populous in the state), which has six. A district judge may earn $122,865 annually.
Family courts
Family courtFamily court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
s hear family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
matters, including marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
(divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
, annulment
Annulment
Annulment is a legal procedure 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 almost as if it had never taken place...
, desertion
Abandonment
The term abandonment has a multitude of uses, legal and extra-legal. This "signpost article" provides a guide to the various legal and quasi-legal uses of the word and includes links to articles that deal with each of the distinct concepts at greater length...
, and separation
Legal separation
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally binding consent decree...
); child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
; parent
Parent
A parent is a caretaker of the offspring in their own species. In humans, a parent is of a child . Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child...
age; domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
and orders of protection
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
for domestic abuse victims; juveniles
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
(delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
, abuse and neglect
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
) and commitments
Involuntary commitment
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
to the Vermont State Hospital
Vermont State Hospital
Vermont State Hospital of the Vermont State Hospital for the Insane was a Vermont mental institution in Waterbury, Vermont.-History:It was built in 1890 in Waterbury, Vermont as the Brattleboro Retreat became overcrowded. It was closed on October 29, 2011.-External links:**...
, the state psychiatric hospital
Psychiatric hospital
Psychiatric hospitals, also known as mental hospitals, are hospitals specializing in the treatment of serious mental disorders. Psychiatric hospitals vary widely in their size and grading. Some hospitals may specialise only in short-term or outpatient therapy for low-risk patients...
. 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
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s. No jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
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 CourtsSurrogate Court
A probate court is a specialized court that deals with matters of probate and the administration of estates....
deal with probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
, wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
and testamentary trust
Testamentary trust
A testamentary trust is a trust which arises upon the death of the testator, and which is specified in his or her will...
s, adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
s, guardianship
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
, emancipation of minors
Emancipation of minors
An emancipated minor is a minor who is allowed to conduct a business or any other occupation on their own behalf or for their own account outside the influence of a parent or guardian. The minor will then have full contractual capacity to conclude contract with regard to the business. Whether...
, uniform gifts to minors
Uniform Gifts to Minors Act
The Uniform Gifts to Minors Act, commonly known as UGMA, is an act in some states of the United States that allows assets such as securities, where the donor has given up all possession and control, to be held in the custodian's name for the benefit of the minor without an attorney needing to set...
, and name change
Name change
Name change generally refers to a legal act allowing a person to adopt a name different than their name at birth, marriage, or adoption. The procedures and ease of a name change depend on the jurisdiction. In general, common law jurisdictions have loose limitations on name changes while civil law...
s. There are 18 Probate Court judges, elected for four-year terms; Probate Court judges need not be attorneys
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. 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 lawEnvironmental law
Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...
. 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.
Vermont Judicial Bureau
The Vermont Judicial Bureau is a quasi-judicial bodyQuasi-judicial body
A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.-Powers:...
whose jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
is over complaints issued by state and local law enforcement officers, including civil violation complaints (traffic tickets), municipal ordinances, fish and wildlife violations, hazing
Hazing
Hazing is a term used to describe various ritual and other activities involving harassment, abuse or humiliation used as a way of initiating a person into a group....
, and minors possessing alcohol
Minor In Possession
In the United States, a Minor in Possession, or a MIP, is a criminal offense, typically a misdemeanor. Anyone who is under the age of 21 and possesses alcohol in the United States, with the exception of special circumstances, is violating the law of the state...
. Defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s may admit to the complaint and pay the penalty, usually a fine, or can contest the violation cited and have the cases decided by a hearing officer. During the hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
, both parties may present evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
and call witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es. The burden of proof for the state or municipality is clear and convincing evidence. Either party may appeal the decision in District Court. There are four hearing officers.