§ 1. Unified court system established
The Judiciary shall be a unified court system under the administrative control of
the Supreme Court. It shall consist of an appellate division, which shall be the Supreme
Court, and a trial division, which shall consist of a trial court of general jurisdiction
to be known as the Superior Court, and a Judicial Bureau. (Amended 2009, No. 154 (Adj. Sess.), § 1.)
§ 2. Supreme Court established; jurisdiction
(a) The Supreme Court shall have exclusive jurisdiction of appeals from judgments, rulings,
and orders of the Superior Court, administrative agencies, boards, commissions, and
officers unless otherwise provided by law.
(b) The Supreme Court shall have original jurisdiction, concurrent with the Superior Court,
of proceedings in certiorari, mandamus, prohibition, and quo warranto and shall have
jurisdiction to issue all writs, processes, and orders that may be necessary to the
furtherance of justice and the regular execution of the law. (Amended 1971, No. 185 (Adj. Sess.), § 5, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 2.)
§ 3. Judicial officers; administrative and disciplinary control
The Supreme Court shall have administrative and disciplinary control of all judicial
officers of the State, in addition to and not inconsistent with the constitutional
powers of the General Assembly in those matters. It shall promulgate a Code of Judicial
Ethics that shall be binding on those officers for disciplinary purposes. It may promulgate
rules providing for the exercise of disciplinary control, including providing for
the manner of making and disposing of complaints of violations of judicial ethics,
a committee of the Judiciary for determining issues raised by complaints, and imposing
sanctions, including when appropriate suspension from judicial duties for the balance
of the term of the judicial officer charged. (1965, No. 194, § 14; amended 2021, No. 105 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 4. Justices
(a) The Supreme Court shall consist of one Chief Justice and four Associate Justices,
appointed in accordance with the Constitution and chapter 15 of this title or retained
in office under subsection (c) of this section.
(b) When the Office of Chief Justice becomes vacant for any reason, the duties of that
Office shall forthwith devolve upon the Justice with the longest period of service
on the Supreme Court until the appointment of a Chief Justice in accordance with the
Constitution.
(c) A Supreme Court Justice may file in the Office of the Secretary of State, on or before
September 1 of the year preceding the expiration of the term for which the Justice
was appointed or retained, a declaration that the Justice will be a candidate for
retention. However, a Justice appointed and having taken the oath of office after
September 1 of the year preceding the expiration of the term of office shall automatically
be a candidate for retention without filing notice. When a Justice files such a declaration,
the Justice’s name shall be submitted to the General Assembly for a vote on retention.
The General Assembly shall vote upon one ballot on the question “Shall the following
Supreme Court Justices be retained in office?” The names of the Justices shall be
followed by “Yes __ No __ .” If a majority of those voting on the question vote against
retention, upon expiration of the term of office, a vacancy shall exist that shall
be filled by appointment in accordance with the Constitution and chapter 15 of this
title; if the majority vote is in favor of retention, the Justice shall, unless removed
for cause, remain in office for another term and, at its end, shall be eligible for
retention in office in the manner prescribed pursuant to this subsection.
(d) The Court Administrator shall notify the Secretary of State whenever a Justice is
appointed and takes the oath of office after September 1 of the year preceding the
expiration of the term of office to which the Justice has succeeded, thereby resulting
in automatic notification of an intention to continue in office. Whenever a Justice
files a declaration under subsection (c) of this section, or notification occurs automatically,
the Secretary of State shall notify the President of the Senate, the Speaker of the
House, the Office of Legislative Counsel, and the Office of Legislative Operations
forthwith. (Amended 1967, No. 306 (Adj. Sess.), § 1; 1969, No. 125, § 8; 1975, No. 204 (Adj. Sess.), § 1; 1981, No. 3, § 1; 1985, No. 98, § 1; 2019, No. 144 (Adj. Sess.), § 21; 2021, No. 105 (Adj. Sess.), § 2, eff. July 1, 2022.)
§ 5. Term of Justices
(a) The term of the Justices, except in case of an appointment to fill a vacancy, shall
be for a term of six years from and including April 1 in the year of such appointment
or retention under subsection 4(c) of this title. When a Justice of the Supreme Court who has sat at the hearing of a cause retires
from office before such cause is decided, the Justice shall remain a member of such
Court for the purpose of assisting in the decision thereof and of signing the entry
order, provided that such service may extend only to the following term of Court.
For such service, the Justice shall receive a reasonable compensation to be fixed
by the Justices of such Court and reasonable expenses while on office business.
(b) A Justice shall remain in office until a successor is appointed and qualified, unless
sooner removed for cause or unless he or she resigns. (Amended 1975, No. 204 (Adj. Sess.), § 2; 1985, No. 98, § 2.)
§ 6. Disqualification of Justices
A Justice of the Supreme Court shall not be an officer in a railroad, banking, or
insurance corporation in this State.
§ 7. Repealed. 1979, No. 181 (Adj. Sess.), § 22.
§ 8. General and special terms
The terms of the Supreme Court and times and places of those terms shall be stated
by administrative order of the Supreme Court. The Court Administrator shall act as
Clerk of the Supreme Court. (Amended 1963, No. 15, § 1; 1967, No. 174, § 1; 1979, No. 181 (Adj. Sess.), § 2.)
§§ 9-12. Repealed. 1977, No. 235 (Adj. Sess.), § 10.
§§ 13-15. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 16. Repealed. 2021, No. 53, § 8 and 2021, No. 66, § 7, effective June 7, 2021.
§ 17. Reporter of decisions; appointment
The Justices of the Supreme Court shall in each even year appoint a reporter of the
decisions of the Court and may fill a vacancy in such office.
§ 18. Opinions; filing and preservation; copies
(a) Each opinion of the Supreme Court shall be signed by one or more of the Justices and
filed with the reporter of decisions.
(b) When a volume of the Vermont Reports has been published, the reporter shall transmit
for preservation the original opinions in the cases printed in the volume to the clerk
of the general term.
(c) On tender of the fees for a certified copy of any opinion, the reporter or clerk shall
furnish the certified copy to any person applying for the same.
(d) The reporter shall forthwith furnish the Commissioner of Labor, free of charge, copies
of all opinions filed involving the administration of the labor laws of the State. (Amended 1971, No. 185 (Adj. Sess.), § 8, eff. March 29, 1972; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2021, No. 105 (Adj. Sess.), § 3, eff. July 1, 2022.)
§ 19. Repealed. 1977, No. 235 (Adj. Sess.), § 10.
§ 20. Reports of decisions
The reporter shall annually prepare the decisions of the Court for publication, read
the proof, and superintend the printing and binding thereof. All causes decided shall
be reported within one year after the decisions are made.
§ 21. Court Administrator
The Office of Court Administrator is hereby created. He or she shall be appointed
by and serve at the pleasure of the Supreme Court, which shall fix his or her salary
and prescribe his or her duties from time to time. He or she shall devote full time
to his or her official duties to the exclusion of engagement in any other business
or profession for profit. (Added 1967, No. 174, § 2.)
§ 21a. Duties of the Chief Superior Judge
(a) The Chief Superior Judge shall assign and specially assign Superior judges, including
themselves, and Environmental judges to the Superior Court. All Superior judges except
Environmental judges shall be subject to the requirements of rotation as ordered by
the Supreme Court. Assignments made pursuant to the rotation schedule shall be subject
to the approval of the Supreme Court.
(b) In making any assignment under this section, the Chief Superior Judge shall give consideration
to the experience, temperament, and training of a judge and the needs of the court.
In making an assignment to the Environmental Division, the Chief Superior Judge shall
give consideration to experience and expertise in environmental and land use law and
shall assign or specially assign judges in a manner to provide appropriate attention
to all geographic areas of the State.
(c) In making any assignments to the Environmental Division under this section, the Chief
Superior Judge shall regularly assign two judges, at least one of whom shall be an
Environmental judge. An Environmental judge may be assigned to other divisions in
the Superior Court for a period of time not exceeding two years. When assigned to
other divisions in the Superior Court, the Environmental judge shall have all the
powers and responsibilities of a Superior judge. (Added 1989, No. 221 (Adj. Sess.), § 2, eff. Oct. 1, 1990; amended 1993, No. 232 (Adj. Sess.), § 40; 1995, No. 181 (Adj. Sess.), § 20; 1999, No. 148 (Adj. Sess.), § 71, eff. May 24, 2000; 2001, No. 149 (Adj. Sess.), § 71, eff. June 27, 2002; 2003, No. 115 (Adj. Sess.), § 7, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 3; 2021, No. 147 (Adj. Sess.), § 8, eff. May 31, 2022.)
§ 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.)
§ 23. Compensation
In the performance of judicial duties, the specially assigned judicial officer shall
be entitled to a per diem equal to the daily compensation authorized for the judicial
position to which he or she is assigned and necessary expenses. An acting judge in
Criminal Division of the Superior Court shall receive $75.00 a day and necessary expenses.
Payment of compensation for special judicial assignments shall not diminish the retirement
compensation of retired judicial officers. However, a retired judicial officer shall
not receive total annual compensation in excess of the annual salary of a Superior
judge. Active judicial officers shall receive the compensation of their regular judicial
office or that of the office to which they are specially assigned, whichever is greater. (Added 1973, No. 268 (Adj. Sess.), § 2, eff. April 1, 1974; amended 1977, No. 235 (Adj. Sess.), § 2; 1979, No. 181 (Adj. Sess.), § 4; 2009, No. 154, § 238.)
§ 24. Repealed. 2009, No. 154 (Adj. Sess.), § 238.
§ 25. Judicial Branch; furlough days; administrative leave
(a) The Supreme Court is authorized to declare up to 12 unpaid Judicial Branch furlough
days in a fiscal year and on those days may close the courts in the State. For purposes
of implementing a furlough day, the Supreme Court is authorized to reduce on a daily
or hourly basis all salaries established by 32 V.S.A. §§ 1003(c), 1141, and 1142 and all other salaries paid by the Judicial Branch. Furlough days declared under
this section shall have the same effect as holidays under 1 V.S.A. § 371 for the purpose of counting time under the Rules of Court Procedure and the Vermont
Statutes Annotated.
(b) The Supreme Court is authorized to pay on an hourly basis all persons whose compensation
is established by 32 V.S.A. §§ 1010, 1511, and 1551 and 4 V.S.A. §§ 23, 75, and 356.
(c) The Supreme Court may allow Supreme Court Justices, Superior judges, Environmental
judges, magistrates, hearing officers, Probate judges, Superior Court clerks, or any
State-compensated employees of the Judicial Branch not covered by a collective bargaining
agreement to take an administrative leave of absence without pay, or with pay if the
person is called to active duty in support of an extended national or State military
operation. These judicial officers and State employees shall be entitled to be compensated
in the same manner as Judicial Branch employees covered by a collective bargaining
agreement called to active duty. The Court Administrator, at the direction of the
Supreme Court, shall include provisions in the personnel rules of the Judiciary to
administer these leaves of absence. (Added 1991, No. 50, § 97a; amended 1991, No. 189 (Adj. Sess.), § 7; 2003, No. 66, § 114a; 2003, No. 122 (Adj. Sess.), §§ 99a, 100; 2005, No. 66, § 4; 2009, No. 1 (Sp. Sess.), § E.204.1, eff. June 2, 2009; 2009, No. 154 (Adj. Sess.), § 5.)
§ 26. Half-time judges
Of the Superior judge positions authorized by this title, up to two may be shared,
each by two half-time judges. Of the magistrate positions authorized by this title,
one may be shared by two half-time magistrates. Of the hearing officer positions authorized
by this title, one may be shared by two half-time hearing officers. Half-time Superior
judges, magistrates, and hearing officers shall be paid proportionally and shall receive
the same benefits as State employees who share a job. Half-time Superior judges, magistrates,
and hearing officers shall not engage in the active practice of law for remuneration. (Added 1995, No. 181 (Adj. Sess.), § 17; amended 1997, No. 121 (Adj. Sess.), § 36; 1999, No. 58, § 1; 2009, No. 154 (Adj. Sess.), § 6.)
§ 27. Court Technology Special Fund
There is established the Court Technology Special Fund that shall be managed in accordance
with 32 V.S.A. chapter 7, subchapter 5. Administrative fees collected pursuant to 13 V.S.A. § 7252 and revenue collected pursuant to fees established pursuant to sections 1105 and 1109 of this title shall be deposited and credited to this Fund. The Fund shall be available to the
Judicial Branch to pay for contractual and operating expenses and project-related
staffing not covered by the General Fund related to the following:
(1) the acquisition and maintenance of software and hardware needed for case management,
electronic filing, an electronic document management system, and the expense of implementation,
including training;
(2) the acquisition and maintenance of electronic audio and video court recording and
conferencing equipment; and
(3) the acquisition, maintenance, and support of the Judiciary’s information technology
network, including training. (Added 2007, No. 65, § 61; amended 2007, No. 192 (Adj. Sess.), § 6.026; 2023, No. 46, § 3, eff. June 5, 2023.)
§ 27a. Contracts for Internet service
Every contract to provide broadband Internet access service, as defined in 3 V.S.A. § 348(d)(1), for the Judicial Branch shall include terms and conditions requiring that the Internet
service provider certify that it is in compliance with the consumer protection and
net neutrality standards established in 3 V.S.A. § 348. (Added 2017, No. 169 (Adj. Sess.), § 6.)
§ 27b. Self-attested declaration in lieu of notarization
(a) Any document that would otherwise require the approval or verification of a notary
may be filed with the following language inserted above the signature and date:
“I declare that the above statement is true and accurate to the best of my knowledge
and belief. I understand that if the above statement is false, I will be subject to
the penalty of perjury or to other sanctions in the discretion of the court.”
(b) A document filed pursuant to subsection (a) of this section shall not require the
approval or verification of a notary.
(c) This section shall not apply to an affidavit in support of a search warrant application,
an application for a nontestimonial identification order, an oath required by 14 V.S.A. §108, or consents and relinquishments in adoption proceedings governed by Title 15A. (Added 2019, No. 77, § 4, eff. June 19, 2019; amended 2023, No. 46, § 4, eff. June 5, 2023.)
§ 28. Municipal Ticket Repayment Revolving Fund
(a) The Municipal Ticket Repayment Revolving Fund is created for the purpose of facilitating
the transfer of incorrectly deposited Judicial Bureau payments to the appropriate
municipality. A municipality may request a loan from the Municipal Ticket Repayment
Revolving Fund in the amount owed another municipality if the municipality requesting
the loan:
(1) received payments from the Judicial Bureau that were actually owed to the other municipality
for penalties collected by the Judicial Bureau for violations of an ordinance within
the other municipality; and
(2) received such payments from the Judicial Bureau between June 30, 2004 and June 30,
2007.
(b) The Court Administrator shall have the authority to approve all loans from the Municipal
Ticket Repayment Revolving Fund. To request a loan from the Fund, a municipality shall
file an application on a form approved by the Court Administrator by July 1, 2008.
The application shall contain the following information:
(1) an agreement, signed by both municipalities, defining the amount owed by one municipality
to the other; and
(2) a plan for the municipality requesting the loan to repay the Fund by July 1, 2013.
The plan may authorize the Court Administrator to withhold Judicial Bureau violation
payments to the municipality requesting the loan for deposit into the Fund.
(c) The maximum loan balance at any time shall be $250,000.00 for one municipality and
$400,000.00 for all municipalities. The Court Administrator shall administer the Municipal
Ticket Repayment Revolving Fund and shall establish procedures to allocate the available
funds fairly and equitably. Upon the recommendation of the Court Administrator, the
Secretary of Administration shall approve spending in anticipation of receipts from
the Fund up to a maximum of $220,000.00.
(d) Nothing in this section shall prohibit the sending or receiving municipality from
otherwise agreeing on, or bringing a civil action to resolve, overpayment issues prior
to June 30, 2004.
(e) Upon completion of the agreements authorized by this section, the remaining balance
in the Fund shall be deposited in the Court Technology Special Fund pursuant to section 27 of this title. (Added 2007, No. 51, § 16; amended 2007, No. 90 (Adj. Sess.), § 83, eff. March 6, 2008; 2013, No. 50, § E.204.)
§ 29. [Reserved.]
§ 30. Superior Court
(a)(1) A Superior Court having statewide jurisdiction is created. The Superior Court shall
have the following divisions:
(A) A Civil Division, which shall be a court of record and have jurisdiction over the
matters described in section 31 of this title. The Vermont Rules of Civil Procedure shall apply in the Civil Division.
(B) A Criminal Division, which shall be a court of record and have jurisdiction over the
matters described in section 32 of this title. The Vermont Rules of Criminal Procedure shall apply to criminal matters in the Criminal
Division, and the Vermont Rules of Civil Procedure shall apply to civil matters in
the Criminal Division.
(C) A Family Division, which shall be a court of record and have jurisdiction over the
matters described in section 33 of this title. The Vermont Rules of Family Procedure shall apply in the Family Division.
(D) An Environmental Division, which shall be a court of record and have jurisdiction
over the matters described in section 34 of this title. The Vermont Rules for Environmental Proceedings shall apply in the Environmental
Division.
(E) A Probate Division, which shall have jurisdiction over the matters described in section 35 of this title. The Vermont Rules of Probate Procedure shall apply in the Probate Division.
(2) The Supreme Court shall promulgate rules, subject to review by the Legislative Committee
on Judicial Rules under 12 V.S.A. chapter 1, that establish criteria for the transfer of cases between divisions.
(b) The Supreme Court shall by rule divide the Superior Court into 14 geographical units
that shall follow county lines, except that, subject to the venue requirements of
subsection 1001(e) of this title, the Environmental Division shall be a court of statewide jurisdiction and shall
not be otherwise divided into geographical units. The Superior Court shall be held
in each unit of the State.
(c) Terms of the Superior Court shall be stated by administrative orders of the Supreme
Court. The Court Administrator shall provide appropriate security services for each
court in the State. (Added 2009, No. 154 (Adj. Sess.), §§ 7, 7a.)
§ 31. Jurisdiction; Civil Division
The Civil Division shall have:
(1) original and exclusive jurisdiction of all original civil actions, except as otherwise
provided in sections 2, 32, 33, 34, 35, and 1102 of this title;
(2) appellate jurisdiction of causes, civil and criminal, appealable to the court;
(3) original jurisdiction, concurrent with the Supreme Court, of proceedings in certiorari,
mandamus, prohibition, and quo warranto;
(4) exclusive jurisdiction to hear and dispose of any requests to modify or enforce orders
in civil cases previously issued by the Superior or District Court other than orders
relating to those actions listed in sections 437 and 454 of this title; and
(5) jurisdiction to hear and dispose of any other matter brought before the court pursuant
to law that is not subject to the jurisdiction of another division. (Added 2009, No. 154 (Adj. Sess.), § 7b; amended 2013, No. 34, § 1.)
§ 32. Jurisdiction; Criminal Division
(a) The Criminal Division shall have jurisdiction to try, render judgment, and pass sentence
in prosecutions for felonies and misdemeanors.
(b) The Criminal Division shall have jurisdiction to try and finally determine prosecutions
for violations of bylaws or ordinances of a village, town, or city, except as otherwise
provided.
(c) The Criminal Division shall have jurisdiction of the following civil actions:
(1) appeals of final decisions of the Judicial Bureau;
(2) DUI license suspension hearings filed pursuant to 23 V.S.A. chapter 24;
(3) extradition proceedings filed pursuant to 13 V.S.A. chapter 159;
(4) drug forfeiture proceedings under 18 V.S.A. chapter 84, subchapter 2;
(5) fish and wildlife forfeiture proceedings under 10 V.S.A. chapter 109;
(6) liquor forfeiture proceedings under 7 V.S.A. chapter 19;
(7) hearings relating to refusal to provide a DNA sample pursuant to 20 V.S.A. § 1935;
(8) automobile forfeiture and immobilization proceedings under 23 V.S.A. chapters 9 and 13;
(9) sex offender proceedings pursuant to 13 V.S.A. §§ 5411(e) and 5411d(f);
(10) restitution modification proceedings pursuant to 13 V.S.A. § 7043(k);
(11) municipal parking violation proceedings pursuant to 24 V.S.A. § 1974a(e) if the municipality has established an administrative procedure enabling a person
to contest the violation and the person has exhausted the administrative procedure;
(12) proceedings to enforce 9 V.S.A. chapter 74, relating to energy efficiency standards for appliances and equipment; and
(13) proceedings to enforce 30 V.S.A. § 53, relating to commercial building energy standards. (Added 2009, No. 154 (Adj. Sess.), § 7c; amended 2023, No. 46, § 5, eff. June 5, 2023.)
§ 33. Jurisdiction; Family Division
(a) Notwithstanding any other provision of law to the contrary, the Family Division shall
have exclusive jurisdiction to hear and dispose of the following proceedings filed
or pending on or after October 1, 1990:
(1) All desertion and support proceedings and all parentage actions filed pursuant to
15 V.S.A. chapter 5.
(2) All rights of married women proceedings filed pursuant to 15 V.S.A. chapter 3.
(3) All enforcement of support proceedings filed pursuant to Title 15B.
(4) All annulment and divorce proceedings filed pursuant to 15 V.S.A. chapter 11.
(5) All parent and child proceedings filed pursuant to 15 V.S.A. chapter 15.
(6) Grandparents’ visitation proceedings filed pursuant to 15 V.S.A. chapter 18.
(7) All uniform child custody proceedings filed pursuant to 15 V.S.A. chapter 20.
(8) All proceedings filed pursuant to 33 V.S.A. chapters 51, 52, 52A, and 53, including proceedings involving “youthful offenders” pursuant to 33 V.S.A. § 5281 whether the matter originated in the Criminal or Family Division of the Superior
Court, except for a proceeding charging the holder of a commercial driver’s license
or commercial learner’s permit as defined in 23 V.S.A. § 4103 or operating a commercial motor vehicle with any offense or violation of any traffic
control law other than parking, vehicle weight, or vehicle defect violations.
(9) All enforcement of support proceedings filed pursuant to 33 V.S.A. chapter 39.
(10) All guardianship services proceedings for persons with developmental disabilities
filed pursuant to 18 V.S.A. chapter 215.
(11) All mental health proceedings filed pursuant to 18 V.S.A. chapters 179, 181, and 185.
(12) All involuntary sterilization proceedings filed pursuant to 18 V.S.A. chapter 204.
(13) All care for persons with intellectual disabilities proceedings filed pursuant to
18 V.S.A. chapter 206.
(14) All abuse prevention proceedings filed pursuant to 15 V.S.A. chapter 21. Any Superior judge may issue orders for emergency relief pursuant to 15 V.S.A. § 1104.
(15) All abuse and exploitation proceedings filed pursuant to 33 V.S.A. chapter 69, subchapter 2.
(16) All proceedings relating to the dissolution of a civil union.
(17) All requests to modify or enforce orders previously issued by the District or Superior
Court relating to any of the proceedings identified in subdivisions (1)-(16) of this
subsection.
(18) Concurrent with the Probate Division, special immigration judicial determinations
regarding the custody and care of children within the meaning of the federal Immigration
and Nationality Act (8 U.S.C. § 1101(a)(27)(J) and 8 C.F.R. § 204.11) issued pursuant to 14 V.S.A. chapter 111, subchapter 14.
(b) The Family Division of the Superior Court has jurisdiction to hear and dispose of
proceedings involving motor vehicle offenses filed pursuant to 33 V.S.A. §§ 5201, 5203, 5280, and 5281. The Family Division of the Superior Court shall forward a record
of any conviction or adjudication for violation of a law related to motor vehicle
traffic control, other than a parking violation, to the Commissioner of Motor Vehicles
pursuant to 23 V.S.A. § 1709. As used in this subsection, “conviction” has the same meaning as in 23 V.S.A. § 4(60). (Added 2009, No. 154 (Adj. Sess.), § 7d; amended 2011, No. 29, § 2; 2013, No. 96 (Adj. Sess.), § 11; 2015, No. 153 (Adj. Sess.), § 19; 2019, No. 167 (Adj. Sess.), § 27, eff. Oct. 7, 2020; 2021, No. 65, § 13, eff. June 7, 2021; 2025, No. 41, § 1, eff. July 1, 2025.)
§ 34. Jurisdiction; Environmental Division
The Environmental Division shall have:
(1) jurisdiction of matters arising under 10 V.S.A. chapters 201 and 220;
(2) jurisdiction of matters arising under 24 V.S.A. chapter 61, subchapter 12 and chapter 117; and
(3) original jurisdiction to revoke permits under 10 V.S.A. chapter 151. (Added 2009, No. 154 (Adj. Sess.), § 7e.)
§ 35. Jurisdiction; Probate Division
The Probate Division shall have jurisdiction of:
(1) the probate of wills;
(2) the settlement of estates;
(3) the administration of trusts pursuant to Title 14A;
(4) trusts of absent persons’ estates;
(5) charitable, cemetery, and philanthropic trusts;
(6) the appointment of guardians, and of the powers, duties, and rights of guardians and
wards;
(7) proceedings concerning 18 V.S.A. chapter 231;
(8) accountings of attorneys-in-fact where no guardian has been appointed and the agent
has reason to believe the principal is incompetent;
(9) adoptions and relinquishment for adoption;
(10) uniform gifts to minors;
(11) changes of name;
(12) issuance of new birth certificates and amendment of birth certificates;
(13) correction or amendment of civil marriage certificates and death certificates;
(14) emergency waiver of premarital medical certificates;
(15) proceedings relating to cemetery lots;
(16) trusts relating to community mausoleums or columbaria;
(17) civil actions brought under 18 V.S.A. chapter 107, subchapter 3, relating to disposition of remains;
(18) proceedings relating to the conveyance of a homestead interest of a spouse under a
legal disability;
(19) the issuance of declaratory judgments;
(20) issuance of certificates of public good authorizing the civil marriage of persons
under 16 years of age;
(21) appointment of administrators to discharge mortgages held by deceased mortgagees;
(22) appointment of trustees for persons confined under sentences of imprisonment;
(23) fixation of compensation and expenses of boards of arbitrators of death taxes of Vermont
domiciliaries;
(24) emancipation of minors proceedings filed pursuant to 12 V.S.A. chapter 217;
(25) grandparent visitation proceedings under 15 V.S.A. chapter 18;
(26) other matters as provided by law; and
(27) concurrent with the Family Division, special immigration judicial determinations regarding
the custody and care of children within the meaning of the federal Immigration and
Nationality Act (8 U.S.C. § 1101(a)(27)(J) and 8 C.F.R. § 204.11) issued pursuant to 14 V.S.A. chapter 111, subchapter 14. (Added 2009, No. 154 (Adj. Sess.), § 7f, eff. Feb. 1, 2011; amended 2019, No. 167 (Adj. Sess.), § 28, eff. Oct. 7, 2020.)
§ 36. Composition of the court
(a) Composition of the court. Unless otherwise specified by law, when in session, a Superior Court shall consist
of:
(1) For cases in the Civil or Family Division, one presiding Superior judge and two assistant
judges, if available.
(2)(A) For cases in the Family Division, except as provided in subdivision (B) of this subdivision
(2), one presiding judicial officer and two assistant judges, if available.
(B) The Family Division shall consist of one presiding judicial officer sitting alone
in the following proceedings:
(i) all juvenile proceedings filed pursuant to 33 V.S.A. chapters 51, 52, and 53, including proceedings involving “youthful offenders” pursuant to 33 V.S.A. § 5281, whether the matter originated in the Criminal or Family Division of the Superior
Court;
(ii) all guardianship services proceedings for persons with developmental disabilities
filed pursuant to 18 V.S.A. chapter 215;
(iii) all mental health proceedings filed pursuant to 18 V.S.A. chapters 179, 181, and 185;
(iv) all involuntary sterilization proceedings filed pursuant to 18 V.S.A. chapter 204;
(v) all care for persons with intellectual disabilities proceedings filed pursuant to
18 V.S.A. chapter 206; and
(vi) all proceedings specifically within the jurisdiction of the office of magistrate except
child support contempt proceedings held pursuant to a magistrate’s jurisdiction under
subdivision 461(a)(1) of this title.
(C) Use of the term “judicial officer” in subdivisions (A) and (B) of this subdivision
(2) shall not be construed to expand a judicial officer’s subject-matter jurisdiction
or conflict with the authority of the Chief Justice or Chief Superior Judge to make
special assignments pursuant to section 22 of this title.
(3) For cases in the Criminal Division, one Superior judge sitting alone.
(4) For cases in the Probate Division, one Probate judge sitting alone.
(5) For cases in the Environmental Division, one Environmental judge sitting alone.
(b) Questions of law and fact. In all proceedings, questions of law shall be decided by the presiding judge. In cases
not tried before a jury, questions of fact shall be decided by the court. Mixed questions
of law and fact shall be deemed to be questions of law. The presiding judge alone
shall decide which are questions of law, questions of fact, and mixed questions of
law and fact. Written or oral stipulations of fact submitted by the parties shall
establish the facts in the submitted stipulation, except that the presiding judge,
in the presiding judge’s discretion, may order a hearing on any such stipulated fact.
Neither the decision of the presiding judge under this subsection nor participation
by an assistant judge in a ruling of law shall be grounds for reversal unless a party
makes a timely objection and raises the issue on appeal.
(c) Availability of assistant judges. If two assistant judges are not available, the court shall consist of one presiding
judge and one assistant judge. In the event that court is being held by the presiding
judge and one assistant judge and they do not agree on a decision, a mistrial shall
be declared. If neither assistant judge is available, the court shall consist of the
presiding judge alone, and the unavailability of an assistant judge shall not constitute
reversible error.
(d) Method of determining availability. Before commencing a hearing in any matter in which the court by law may consist of
the presiding judge and assistant judges, the assistant judges physically present
in the courthouse shall determine whether they are available for the case. If two
or more cases are being heard at one time and assistant judges may by law participate
in either, each assistant judge may determine in which case he or she will participate.
(e) Duty to complete hearing or trial. After an assistant judge has decided to participate in a hearing or trial, the assistant
judge shall not withdraw from the hearing or trial except for cause. However, if the
assistant judge is not available for a scheduled hearing or trial or becomes unavailable
during trial, the matter may continue without the assistant judge’s participation,
and the assistant judge may not return to participate.
(f) Emergency relief. A presiding judge may hear a petition for emergency relief when the court is not sitting
and may issue temporary orders as necessary.
(g) Jury trial. In order to preserve the right to trial by jury, when issues sounding in law and in
equity are presented in the same action, the Supreme Court shall provide by rule for
trial by jury, when demanded, of issues sounding in law. (Added 2009, No. 154 (Adj. Sess.), § 8; amended 2013, No. 96 (Adj. Sess.), § 12; 2013, No. 185 (Adj. Sess.), § 1, eff. June 11, 2014; 2021, No. 105 (Adj. Sess.), § 4, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 10, eff. May 31, 2022; 2023, No. 6, § 10, eff. July 1, 2023; 2023, No. 46, § 6, eff. June 5, 2023.)
§ 37. Venue
(a) The venue for all actions filed in the Superior Court, whether heard in the Civil,
Criminal, Family, Environmental, or Probate Division, shall be as provided in law.
(b) Notwithstanding any other provision of law, the Supreme Court may promulgate venue
rules, subject to review by the Legislative Committee on Judicial Rules under 12 V.S.A. chapter 1, which are consistent with the following policies:
(1) Proceedings involving a case shall be heard in the unit in which the case was brought,
subject to the following exceptions:
(A) when the parties have agreed otherwise;
(B) status conferences, minor hearings, or other nonevidentiary proceedings; or
(C) when a change in venue is necessary to ensure access to justice for the parties or
required for the fair and efficient administration of justice.
(2) The electronic filing of cases on a statewide basis should be facilitated, and the
Court is authorized to promulgate rules establishing an electronic case-filing system.
(3) The use of technology to ease travel burdens on citizens and the courts should be
promoted. For example, venue requirements should be deemed satisfied for some court
proceedings when a person, including a judge, makes an appearance via video technology,
even if the judge is not physically present in the same location as the person making
the appearance.
(4)(A) Subject to subdivision (B) of this subdivision (4), in proceedings involving the termination
of parental rights, the Supreme Court is authorized to designate a region of no more
than four counties in which the venue for specified types of cases in the region shall
be the region as a whole, irrespective of the county in which the venue would lie
for the case under the governing statute. A designation under this subdivision shall
be made by rule and shall be reviewed by the Legislative Committee on Judicial Rules
pursuant to 12 V.S.A. § 1.
(B) A region designated pursuant to subdivision (A) of this subdivision (4) shall not
include Grand Isle or Essex County for purposes of permitting termination of parental
rights proceedings originating in Grand Isle or Essex County to be heard in other
counties or regions unless all parties consent. This subdivision shall not preclude
termination of parental rights proceedings originating in other counties from being
heard in Grand Isle or Essex County. (Added 2009, No. 154 (Adj. Sess.), § 9; amended 2015, No. 167 (Adj. Sess.), § 4, eff. June 6, 2016.)
§ 38. Judicial Masters
(a) The Chief Superior Judge may appoint a licensed Vermont lawyer who has been engaged
in the practice of law in Vermont for at least the last five years to serve as a Judicial
Master. The Judicial Master shall be an employee of the Judiciary and be subject to
the Code of Judicial Conduct. A Judicial Master shall not engage in the active practice
of law for remuneration while serving in this position. In making this appointment,
the Administrative Judge shall apply the criteria and standards for judicial appointments
contained in section 601 of this title. The Judicial Master may hear and decide the following matters as designated by the
Administrative Judge:
(1) In the Criminal Division of the Superior Court, proceedings in treatment court dockets,
as approved by the presiding judge, to ensure compliance with court orders, including
attendance and participation with a treatment plan, imposition of sanctions and incentives,
including incarceration in the course of the program and dismissal from the program
due to noncompliance; the Master shall not have authority to accept pleas or to impose
sentences, to hear motions to suppress, or to dismiss for lack of a prima facie case.
(2) In the Family Division of the Superior Court, in juvenile proceedings, as approved
by the presiding judge, to ensure compliance with existing court orders, including
attendance and participation in substance abuse, mental health, and other court-ordered
counseling; compliance with and modification of parent-child contact; to act as the
administrative body to conduct permanency hearings pursuant to 33 V.S.A. § 5321(g) unless a contested permanency hearing becomes necessary; and to provide case management
of juvenile proceedings; the Master shall not have the authority to hear temporary
care hearings, requests for juvenile protective orders, or hearings on the merits
or to conduct disposition hearings.
(3) In the Family Division of the Superior Court, proceedings, with the approval of the
presiding judge, to ensure compliance with existing court orders relating to parent-child
contact; to act as a Master pursuant to Rule 53 of the Vermont Rules of Civil Procedure
where no order has been made pursuant to 32 V.S.A. § 1758(b); and to provide case management of proceedings with 15 V.S.A. chapters 5, 11, 15, and 18; the Master shall not have authority to determine divorce or parentage actions, parental
rights and responsibilities, or spousal maintenance or modifications of such orders.
(b) The Judicial Master may be appointed to serve as an acting judge pursuant to subsection 22(b) of this title in any matter in which he or she has not previously acted as a Judicial Master.
(c) The decision of a Judicial Master under this section shall have the same effect as
a decision of a Superior judge, except when acting as a Master pursuant to subdivision
(a)(3) of this section. (Added 2015, No. 167 (Adj. Sess.), § 1, eff. June 6, 2016; amended 2021, No. 105 (Adj. Sess.), § 5, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 11, eff. May 31, 2022; repealed on July 1, 2025 by 2019, No. 77, § 25.)
§ 38. Judicial Masters [Repealed]
(Added 2015, No. 167 (Adj. Sess.), § 1, eff. June 6, 2016; amended 2021, No. 105 (Adj. Sess.), § 5, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 11, eff. May 31, 2022; repealed on July 1, 2025 by 2019, No. 77, § 25.)
§ 39. Capital budget requests; county courthouses
[Subsection (a) effective until July 1, 2026; see also subsection (a) effective July
1, 2026 set out below.]
(a) On or before October 1 each year, any county requesting capital funds for its courthouse,
or court operations, shall submit a request to the Court Administrator.
[Subsection (a) effective July 1, 2026; see also subsection (a) effective until July
1, 2026 set out above.]
(a) On or before October 1 each year, any county requesting capital funds for its courthouse,
or court operations, shall submit a request to the Court Administrator. As used in
this subsection, “court operations” does not include operating expenses.
[Subsection (b) effective until July 1, 2026; see also subsection (b) effective July
1, 2026 set out below.]
(b) The Court Administrator shall evaluate requests based on the following criteria:
(1) whether the funding request relates to an emergency that will affect the court operations
and the administration of justice;
(2) whether there is a State-owned courthouse in the county that could absorb court activities
in lieu of this capital investment;
(3) whether the county consistently has invested in major maintenance in the courthouse;
(4) whether the request relates to a State-mandated function;
(5) whether the request diverts resources of other current Judiciary capital priorities;
(6) whether the request is consistent with the long-term capital needs of the Judiciary,
including providing court services adapted to modern needs and requirements; and
(7) any other criteria as deemed appropriate by the Court Administrator.
[Subsection (b) effective July 1, 2026; see also subsection (b) effective until July
1, 2026 set out above.]
(b) The Court Administrator shall evaluate requests based on the following criteria:
(1) whether the funding request is consistent with a capital program developed pursuant
to 24 V.S.A. § 133(e)(3);
(2) whether the project that is the subject of the request has been included in the list
of capital projects in the county’s budget pursuant to 24 V.S.A. § 133(e)(1), and, if so, the description of the project included in the budget;
(3) whether the county has established a capital reserve fund pursuant to 24 V.S.A. § 133(e)(3), and, if so, the amount of annual contributions the county has made to the fund;
(4) whether the funding request relates to an emergency that will affect the court operations
and the administration of justice;
(5) whether there is a State-owned courthouse in the county that could absorb court activities
in lieu of this capital investment;
(6) whether the county consistently has invested in major maintenance in the courthouse;
(7) whether the request relates to a State-mandated function;
(8) whether the request diverts resources of other current Judiciary capital priorities;
(9) whether the request is consistent with the long-term capital needs of the Judiciary,
including providing court services adapted to modern needs and requirements; and
(10) any other criteria as deemed appropriate by the Court Administrator.
(c) Based on the criteria described in subsection (b) of this section, the Court Administrator
shall make a recommendation to the Commissioner of Buildings and General Services
regarding whether the county’s request should be included as part of the Judiciary’s
request for capital funding in the Governor’s annual proposed capital budget request.
(d) On or before January 15 of each year, the Court Administrator shall advise the House
Committee on Corrections and Institutions and the Senate Committee on Institutions
of all county requests received and the Court Administrator’s recommendations for
the proposed capital budget request. (Added 2015, No. 160 (Adj. Sess.), § 31; amended 2025, No. 64, § 29, eff. July 1, 2026.)
§ 40. Report on temporary employees
Annually, on or before January 15, the State Court Administrator shall submit a report
to the House Committees on General and Housing and on Government Operations and Military
Affairs and the Senate Committee on Government Operations identifying for each of
the two prior calendar years:
(1) the total number of individuals employed by the Judiciary Department on a temporary
basis who have worked in excess of 1,280 hours in the prior calendar year, excluding
employees identified in 3 V.S.A. § 1011(7), (8)(A)-(D), (8)(F)-(G), and (8)(I)-(K);
(2) the total number of temporary positions in which one or more individuals have been
employed for a combined total of more than 1,280 hours, excluding positions filled
by employees identified in 3 V.S.A. § 1011(7), (8)(A)-(D), (8)(F)-(G), and (8)(I)-(K);
(3) the total number of hours worked by each temporary employee identified pursuant to
subdivision (1) of this section; and
(4) the total number of years during which each temporary employee identified pursuant
to subdivision (1) of this section has worked for the Judiciary Department. (Added 2019, No. 58, § 6.)
§ 41. Court security officers
(a) Authorization. The Court Administrator shall define the scope of duties for Judiciary-employed Court
Security Officers. The Court Administrator shall have direct authority over Judiciary-employed
Court Security Officers and may authorize them to perform judicial security officer
functions necessary for the performance of their duties.
(b) Training. The Court Administrator shall develop a training program pursuant to appropriate training
standards to perform judicial security officer functions. The Court Administrator
shall establish a use of force policy based on State standards.
(c) Training; equipment. At the direction of the Court Administrator and with the approval of the Court Security
and Safety Program Manager, Judiciary-employed Court Security Officers shall be provided
with training and equipment necessary for the performance of their duties. Equipment
provided pursuant to this subsection shall remain the property of the Judiciary.
(d) Coordination of Judiciary security. Judiciary-employed Court Security Officers shall provide security at court properties
and at other court-related functions for the Vermont Judiciary at the direction of
the Court Administrator.
(e) Construction. This section shall not be construed to limit the Court Administrator’s authority to
hire additional court security personnel, including private security guards and County
Sheriffs. (Added 2023, No. 161 (Adj. Sess.), § 1, eff. June 6, 2024.)