§ 71. Appointment and term of Superior judges
(a) The number of Superior judges shall be as determined by the General Assembly. The
term of office of a Superior judge shall, except in the case of an appointment to
fill a vacancy or unexpired term, begin on April 1 in the year of their appointment
or retention and continue for six years.
(b) A Superior judge 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 Superior judge was
appointed or retained, a declaration that the Superior judge will be a candidate for
retention. However, a Superior judge 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 judge files
such a declaration, the judge’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 Superior judges be retained in office?” The names of the judges
shall be listed 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 judge 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.
(c) The Court Administrator shall notify the Secretary of State whenever a Superior judge
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 judge has succeeded, thereby resulting
in automatic notification of an intention to continue in office. Whenever a Superior
judge files a declaration under subsection (b) 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.
(d) A Superior judge shall remain in office until a successor is appointed and qualified,
unless sooner removed for cause or unless he or she resigns.
(e) The Supreme Court shall designate one of the Superior judges to serve as Chief Superior
Judge. The Chief Superior Judge shall serve at the pleasure of the Supreme Court. (Amended 1966, No. 64 (Sp. Sess.), § 4, eff. Jan. 1, 1967; 1969, No. 125, § 9; 1973, No. 106, § 1, eff. May 25, 1973; 1973, No. 159 (Adj. Sess.), §§ 1, eff. March 15, 1974; 1975, No. 204 (Adj. Sess.), § 3; 1975, No. 206 (Adj. Sess.), § 1; 1979, No. 182 (Adj. Sess.), §§ 1, 3; 1981, No. 3, § 2; 1985, No. 98, § 3; 1989, No. 221 (Adj. Sess.), § 5; 1999, No. 152 (Adj. Sess.), § 91; 2001, No. 63, § 91; 2009, No. 154 (Adj. Sess.), § 10; 2015, No. 68 (Adj. Sess.), § 60b, eff. March 8, 2016; 2019, No. 144 (Adj. Sess.), § 22; 2021, No. 105 (Adj. Sess.), § 6, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 12, eff. May 31, 2022; 2025, No. 64, § 2, eff. June 12, 2025.)
§ 73. Assignment
(a) In accordance with the direction of the Supreme Court, the Chief Superior Judge shall
assign the Superior judges among the units and divisions of the Superior Court. The
Chief Superior Judge shall assign a presiding judge to each unit and may assign a
judge to preside in more than one unit. In a case where a Superior judge is disqualified
or unable to attend any term of court or part thereof to which the Superior Judge
has been assigned, the Chief Superior Judge may assign another Superior judge to act
as judge at that term or part thereof for that period during which the assigned judge
is disqualified or unable to attend. If during a term of the Superior Court the court
in a unit is unable to complete all or part of the work before it in a reasonable
time, the Chief Superior Judge, with the approval of the Supreme Court, may modify
judge assignments to reduce delays in that unit. The court shall publish the judicial
rotation schedule in electronic format and distribute it electronically to attorneys
licensed in Vermont.
(b) Pursuant to section 21a of this title, the Chief Superior Judge shall assign Superior judges to hear and determine Family
Court matters. The Chief Superior Judge shall ensure that such hearings are held promptly.
Any contested divorce case that has been pending for more than one year shall be advanced
for prompt hearing upon the request of any party.
(c) As necessary to ensure the efficient operation of the Superior Court, the presiding
judge of the unit may specially assign a Superior judge assigned to a division in
the unit, including the presiding judge, to preside over one or more cases in a different
division. As the Chief Superior Judge determines necessary for the operation of the
Superior Court throughout the State, and with the approval of the Supreme Court, the
Chief Superior Judge may additionally assign for a specified period of time a Superior
judge to preside over a particular type of case, or over a particular type of motion
or other judicial proceeding, in all or part of the units in the State. (Amended 1971, No. 185 (Adj. Sess.), § 9, eff. March 29, 1972; 1979, No. 181 (Adj. Sess.), § 5; 1981, No. 219 (Adj. Sess.), § 1; 1985, No. 63, § 3; 1999, No. 148 (Adj. Sess.), § 72, eff. May 24, 2000; 2009, No. 154 (Adj. Sess.), § 11; 2021, No. 147 (Adj. Sess.), § 13, eff. May 31, 2022.)
§ 75. Powers of Justice or Superior judge after expiration of term or vacation of office
Whenever the term of office of a Justice, Superior judge, Environmental judge, magistrate,
or hearing officer expires or he or she otherwise vacates the office, the Justice,
judge, magistrate, or hearing officer shall have the same authority to conclude causes
he or she has partly or fully heard that he or she would have had if remaining in
that office. The Justice, judge, magistrate, or hearing officer may make and sign
findings and orders for judgments or decrees in causes pending before him or her,
may make interlocutory orders and decrees, and shall be paid compensation commensurate
with that paid specially assigned judicial officers as provided by section 23 of this title. (Amended 1977, No. 235 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 12.)