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Searching 2017-2018 Session

The Vermont Statutes Online

Title 12 : Court Procedure

Chapter 003 : DISQUALIFICATION OF JUDGES, JURORS, AND ATTORNEYS

(Cite as: 12 V.S.A. § 61)
  • § 61. Disqualification for interest

    (a) A justice of the supreme court, judge, juror or other person shall not act in a judicial capacity in or as trier of a cause or matter in which he has been retained or acted as an attorney or counsel, or is interested in the event of such cause or matter, or is related to either party, if a natural person, within the fourth degree of consanguinity or affinity, or if a corporation, to any officer, director, trustee, or agent thereof within such degree; nor shall he be permitted to appear as attorney or counsel in a cause in which he has acted in such capacity or as trier; but he shall not be disqualified from so acting in a cause or matter in which a railroad corporation is a party by reason of being a taxpayer in a town which owns stock in such railroad corporation.

    (b) A justice of the supreme court, or a judge shall not be disqualified from acting in a judicial capacity in a cause in which a county, town, village or school district is a party or interested, by reason of being a taxpayer or resident in such corporation.

    (c) A superior judge, or justice of the supreme court shall not be disqualified to act in his official capacity in any matter in which a municipality, a life, fire or accident insurance company is a party in interest by reason of being a resident or taxpayer in such municipality or a policy holder in such insurance company.

    (d) Membership in a domestic mutual fire insurance corporation shall not disqualify a district judge to take jurisdiction of a cause wherein such corporation is a party.

    (e) A petit juror shall be disqualified from sitting as such in a case where a municipality is a party, if such juror is a resident or taxpayer of such municipality.

    (f) A juror who is a policy holder in any cooperative or mutual insurance company shall not by reason thereof be disqualified as a juror in a cause where such cooperative or mutual insurance company is a party, or is interested in the outcome thereof by reason of being an insurer of any of the parties in such cause. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 13, eff. April 9, 1974.)