Act No. 154
(H.470)
Judiciary; judicial reorganization
This act substantially reorganizes the state judiciary in response to the recommendations of the Vermont commission on judicial operation. The general assembly created the commission and asked it to recommend steps to reduce the judiciary's budget and enhance the efficient and effective delivery of judicial services, addressing such issues as consolidation of staff, regionalization of court administrative functions, improvement of resource flexibility, and reallocation of jurisdiction between courts.
The act establishes a unified court system by consolidating the superior, district, family, probate, and environmental courts into one unified superior court under the administrative control of the supreme court. The superior court would have five divisions: civil, criminal, family, probate, and environmental, which would have the same subject matter jurisdiction currently had by the superior, district, family, probate, and environmental courts. Consolidation takes place on July 1, 2010, except that the probate court does not become part of the unified superior court until February 1, 2011.
The newly unified superior court is divided into 14 units drawn along county lines, except that the environmental division remains a court of statewide jurisdiction. A superior court is maintained in each unit, and venue for court actions remains as provided by law; court proceedings are heard in the unit where the case is brought. The supreme court is permitted to promulgate rules allowing for changes in venue if the parties agree, if the proceeding is minor and nonevidentiary or if a change in venue is necessary to ensure access to justice for the parties or is required for the fair and efficient administration of justice.
The act requires the administrative judge to designate a presiding superior judge for each unit and permits one superior judge to be assigned to multiple units. The court administrator appoints a superior court clerk for each unit, and one person may be the clerk for multiple units. The superior court clerk hires the court staff in each unit with the approval of the court administrator. The superior court clerk may not also serve as the county clerk unless the assistant judges and the court administrator so agree. However, a superior court staff person may serve as the county clerk if the assistant judges and the court administrator enter into a memorandum of understanding to that effect.
The act makes the probate court a division of the unified superior court effective February 1, 2011. The existing 14 probate districts are maintained so that each county continues to elect a probate judge, but the compensation of some of the judges is adjusted to take into account differences in the number of probate cases filed in each county. The act requires the court administrator to conduct a study every three years compiling and analyzing data regarding the number of cases filed and permits the study to be used to make adjustments to probate judge compensation. The act requires probate judges to be attorneys, although the requirement does not apply to probate judges holding office on July 1, 2010, and permits the administrative judge to assign probate judges to hear cases in other districts. The act requires the court administrator to appoint a register for each probate district in consultation with the probate judge and permits the probate judge to request that the c ourt administrator designate one or more staff persons as additional registers.
The act permits assistant judges to hear and decide all judicial bureau matters; prior to passage of the act, traffic violations were the only judicial bureau matters heard by assistant judges. The act repeals the requirement that an assistant judge serve in office for a minimum of two years before hearing judicial bureau proceedings and requires the court administrator, in consultation with the association of assistant judges, to develop and provide training and education to assistant judges regarding judicial bureau matters. Effective January 31, 2011, the act repeals the jurisdiction of assistant judges to hear small claims cases, provided that small claims cases may continue to be heard by assistant judges who are in office on July 1, 2010 in Essex, Caledonia, Rutland, and Bennington Counties. Compensation for an assistant judge sitting as a fact-finder with a superior judge is paid by the county, and compensation for an assistant judge sitting alone is paid by the state .
The act makes the full judicial retention process applicable to magistrates, replacing the process of gubernatorial reappointment and senate confirmation. The terms of existing magistrates are extended in order to stagger the years in which the magistrates come up for retention. The act also expands the jurisdiction of magistrates, permitting them to hear and decide parentage proceedings and proceedings to establish temporary parental rights and responsibilities and parent-child contact.
The act makes a number of changes to court fee provisions. Small claims filing fees go to the state instead of the county if the state owns the county courthouse; if not, small claims fees are divided evenly between the county and the state. Notary fees are increased from $20.00 to $30.00 and are divided evenly between the state and the county, and the act repeals the provision that counties keep notary fees in lieu of collecting fee-for-space payments from the state for use of county courthouses. Probate fees are increased for guardianships and name changes, and new probate fees are instituted for partial decrees and licenses to sell real estate. A five-percent surcharge is placed on all court fees collected during the three years following passage of the act.
The act includes a number of other provisions in addition to the restructuring of the judiciary. The act requires the court, state's attorneys, public defenders, law enforcement agencies, and the departments of corrections and of public safety to develop and implement an automated victim notification system but requires that a report on the costs of the system be made to the general assembly prior to implementation. The act requires the court administrator and the commissioner of the department of buildings and general services to report to the general assembly on the status of courthouse compliance with the Americans with Disabilities Act. The act permits a law enforcement officer to amend a judicial bureau complaint whether or not it is amended to a lesser included offense, expresses the general assembly's intent that the Vermont crime laboratory remain continuously accredited by an accreditation organization, clarifies that it is not unlawful for law enforcement officers, department of fish and wildlife employees, or members of the Vermont National Guard to use gun silencers in connection with official duties, and requires proposals from law enforcement agencies and others regarding eyewitness identification best practices, preservation of evidence, and recording custodial interrogations.
Date Signed by the Governor: June 3, 2010
Effective Date: July 1, 2010, except that the provisions related to consolidation of the probate court into the unified superior court take effect on February 1, 2011, and the provisions related to innocence protection (Sec. 238(b)-(f)) and the election of probate and assistant judges (Secs. 17a and 237(f)) take effect on passage (June 3, 2010, the date on which the governor signed the bill).