§ 22. Designation and special assignment of judicial officers and retired judicial officers
(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(d) [Repealed.]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.)