§ 1101. Repealed. 1999, No. 160 (Adj. Sess.), § 5.
§ 1102. Judicial Bureau; jurisdiction
(a) The Judicial Bureau is created within the Judicial Branch under the supervision of
the Supreme Court.
(b) The Judicial Bureau shall have jurisdiction of the following matters:
(1) Traffic violations alleged to have been committed on or after July 1, 1990.
(2) Civil ordinance violations alleged to have been committed on or after July 1, 1994.
(3) Minor fish and wildlife violations alleged to have been committed on or after September
1, 1996.
(4) Violations of 7 V.S.A. § 1005, relating to possession and procurement of tobacco products by a person under 21
years of age.
(5) Violations of 7 V.S.A. § 1007, relating to furnishing tobacco products to a person under 21 years of age.
(6) Violations of 24 V.S.A. § 2201, relating to littering, burning of solid waste, and illegal dumping.
(7) Violations of 16 V.S.A. chapter 9, subchapter 5, relating to hazing.
(8) Violations of 20 V.S.A. §§ 2056a, 2056b, and 2056c, relating to unauthorized disclosure of criminal record information.
(9) Violations of 7 V.S.A. § 656, relating to illegal possession of alcoholic beverages.
(10) Violations under 7 V.S.A. § 658(c)(1), relating to an employee of a second-class licensee selling alcohol to a minor during
a compliance check.
(11) Violations of 18 V.S.A. § 4234b(b), relating to selling ephedrine base, pseudoephedrine base, or phenylpropanolamine
base.
(12) Violations of 13 V.S.A. § 352(3), (4), and (9), relating to cruelty to animals, and 13 V.S.A. § 355(d), relating to interference with a guide dog.
(13) Violations of 18 V.S.A. § 4249, relating to the introduction of tobacco or tobacco products into a correctional
facility.
(14) Violations of 21 V.S.A. chapter 5, subchapter 1, relating to conditions for employment.
(15) Violations of 9 V.S.A. § 3023(a), relating to the purchase and sale of scrap metal.
(16) Violations of 18 V.S.A. chapter 38 that are subject to civil penalties pursuant to subsection 1760a(a), relating to
reducing lead hazards in housing.
(17) [Repealed.]
(18) Violations of 23 V.S.A. § 3327(d), relating to obeying a law enforcement officer while operating a vessel.
(19) Violations of rules adopted under 10 V.S.A. § 1424, relating to the use of public waters.
(20) Violations of 21 V.S.A. § 692(c)(1).
(21) Violations of State or municipal rental housing health and safety laws when the amount
of the cumulative penalties imposed pursuant to 18 V.S.A. § 603 is $800.00 or less.
(22) Violations of 10 V.S.A. § 1266b, relating to the application of fertilizer to nonagricultural turf.
(23) Violations of 18 V.S.A. § 1513, relating to minors using tanning facilities.
(24) Violations of 18 V.S.A. §§ 4230a and 4230b, relating to possession of cannabis.
(25) Violations of 9 V.S.A. chapter 97A that are subject to civil penalties pursuant to 9 V.S.A. § 3890(a), relating to the purchase and sale of precious metal by a precious metal dealer,
as defined in 9 V.S.A. § 3881.
(26) Violations of 9 V.S.A. § 4191, relating to the solicitation or acceptance of a fee to remove a booking photograph
from the internet.
(27) Violations of 10 V.S.A. § 1454(a)-(d), relating to the transport of aquatic plants and aquatic nuisance species.
(28) Violations of 20 V.S.A. § 4625, relating to the use of drones near correctional facilities.
(29) Violations of 10 V.S.A. chapter 21, relating to the prohibition of outdoor advertising.
(30) Violations of 13 V.S.A. § 7611, relating to the unauthorized disclosure of sealed criminal history record information.
(31) Violations of 13 V.S.A. § 1033, relating to interference with access to health care facility.
(32) Violations of 23 V.S.A. § 1213(k), relating to tampering with an ignition interlock device on behalf of another person.
(33) Violations of 20 V.S.A. § 4626, relating to flying, and providing information about flying, a drone above privately
owned real property without the owner’s consent.
(34) Violations of 13 V.S.A. § 3835, relating to placing a camera or other surveillance device on privately owned real
property without the owner’s consent.
(35) Violations of 13 V.S.A. § 4083(a)(1) or (b)(1), relating to a first offense of possessing a firearm, frame or receiver
of a firearm, or unfinished frame or receiver of a firearm that is not imprinted with
a serial number.
[Subdivision (b)(36) repealed effective July 1, 2027.]
(36) Automated traffic law enforcement violations issued pursuant to 23 V.S.A. § 1606.
(c) The Judicial Bureau shall not have jurisdiction over municipal parking violations.
(d) Three hearing officers appointed by the Court Administrator shall determine waiver
penalties to be imposed for violations within the Judicial Bureau’s jurisdiction,
except municipalities shall adopt full and waiver penalties for civil ordinance violations
pursuant to 24 V.S.A. § 1979. For purposes of municipal violations, the issuing law enforcement officer shall
indicate the appropriate full and waiver penalty on the complaint. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 1999, No. 63, § 2; 1999, No. 120 (Adj. Sess.), § 10; 1999, No. 151 (Adj. Sess.), § 11; 1999, No. 160 (Adj. Sess.), § 6; 1999, No. 163 (Adj. Sess.), § 1a; 2005, No. 23, § 2; 2005, No. 164 (Adj. Sess.), § 1, eff. Sept. 30, 2006; 2007, No. 51, § 19; 2007, No. 64, § 1; 2007, No. 144 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 35, eff. Jan. 1, 2010; 2007, No. 195 (Adj. Sess.), § 11, eff. July 1, 2009; 2009, No. 30, § 5; 2009, No. 54, § 58; 2009, No. 78 (Adj. Sess.), § 6d; 2009, No. 121 (Adj. Sess.), § 2; 2009, No. 142 (Adj. Sess.), § 4; 2009, No. 147 (Adj. Sess.), § 6; 2011, No. 37, § 3, eff. Jan. 1, 2012; 2011, No. 73 (Adj. Sess.), § 8; 2011, No. 97 (Adj. Sess.), § 2, eff. May 2, 2012; 2013, No. 76, § 3; 2013, No. 196 (Adj. Sess.), § 4, eff. Jan. 1, 2015; 2015, No. 62, § 5; 2015, No. 106 (Adj. Sess.), § 2; 2017, No. 67, § 5, eff. June 8, 2017; 2017, No. 101 (Adj. Sess.), § 1, eff. April 17, 2018; 2019, No. 27, § 6, eff. Sept. 1, 2019; 2019, No. 48, § 7; 2019, No. 59, § 49; 2021, No. 65, § 9, eff. June 7, 2021; 2021, No. 147 (Adj. Sess.), § 6a, eff. May 31, 2022; 2023, No. 14, § 5, eff. May 10, 2023; 2023, No. 46, § 15, eff. June 5, 2023; 2023, No. 120 (Adj. Sess.), § 2, eff. February 28, 2025; 2023, No. 135 (Adj. Sess.), § 2, eff. July 1, 2025; 2023, No. 161 (Adj. Sess.), §§ 3, 41, 48, eff. June 6, 2024; 2025, No. 47, § 6, eff. July 1, 2025; 2025, No. 64, § 3, eff. June 12, 2025.)
§ 1103. Venue
Venue for violation hearings in the Judicial Bureau shall be in the unit of the Superior
Court where the violation is alleged to have occurred. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 54.)
§ 1104. Appointment of hearing officers
The Chief Superior Judge shall appoint members of the Vermont Bar to serve as hearing
officers to hear cases. Hearing officers shall be subject to the Code of Judicial
Conduct. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 55a; 2021, No. 147 (Adj. Sess.), § 21, eff. May 31, 2022.)
§ 1105. Answer to complaint; default
(a) A violation shall be charged upon a summons and complaint form approved and distributed
by the Court Administrator. The complaint shall be signed by the issuing officer or
by the State’s Attorney. The original shall be filed with the Judicial Bureau; a copy
shall be retained by the issuing officer or State’s Attorney, and two copies shall
be given to the defendant. The Judicial Bureau may, consistent with rules adopted
by the Supreme Court pursuant to 12 V.S.A. § 1, accept electronic signatures on any document, including the signatures of issuing
officers, State’s Attorneys, and notaries public. The complaint shall include a statement
of rights, instructions, notice that a defendant may request a hearing or accept the
penalties without a hearing, notice of the fee for failure to answer within 21 days,
and other notices as the Court Administrator deems appropriate. The Court Administrator,
in consultation with appropriate law enforcement agencies, may approve a single form
for charging all violations or may approve two or more forms as necessary to administer
the operations of the Judicial Bureau.
(b) A person who is charged with a violation shall have 21 days from the date the complaint
is issued to request a hearing or to state that he or she will accept the penalties
without a hearing. The Judicial Bureau shall assess against a defendant a fee of $20.00
for failure to answer a complaint within the time allowed. The fee shall be assessed
in the default judgment and deposited in the Court Technology Special Fund established
pursuant to section 27 of this title.
(c) A person who accepts the penalties may so indicate and sign the complaint. The Bureau
shall accept the admission or statement that the allegations are not contested and
accept payment of the waiver penalty.
(d) If the person sends in the amount of the waiver penalty without signing the complaint,
the Bureau shall accept the payment indicating that payment was made and that the
allegations were not contested.
(e) A person who denies the allegations or who wishes to have a hearing on the complaint
for any other reason may so indicate and sign the complaint. Upon receipt, the Bureau
shall schedule a hearing.
(f) If a person fails to appear or answer a complaint, the Bureau shall enter a default
judgment against the person. However, no default judgment shall be entered until the
filing of a declaration by the issuing officer or State’s Attorney, under penalty
of perjury, setting forth facts showing that the defendant is not a person in military
service as defined in 50 U.S.C. § 3911 (Servicemembers Civil Relief Act definitions), except upon order of the hearing officer
in accordance with the Act. The Bureau shall mail a notice to the person that a default
judgment has been entered. A default judgment may be set aside by the hearing officer
for good cause shown.
(g) All Judicial Bureau judgments shall contain a notice of tax setoff pursuant to 32 V.S.A. § 5941. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 1999, No. 58, § 3; 1999, No. 160 (Adj. Sess.), § 7; 2007, No. 51, § 1; 2007, No. 153 (Adj. Sess.), § 17; 2013, No. 57, § 23; 2017, No. 74, § 6; 2019, No. 167 (Adj. Sess.), § 9, eff. Oct. 7, 2020.)
§ 1106. Hearing
(a) The Bureau shall notify the person charged and the issuing officer of the time and
place for the hearing.
(b) The hearing shall be held before a hearing officer and conducted in an impartial manner.
The hearing officer may, by subpoena, compel the attendance and testimony of witnesses
and the production of books and records. All witnesses shall be sworn. The burden
of proof shall be on the State or municipality to prove the allegations by clear and
convincing evidence. As used in this section, “clear and convincing evidence” means
evidence that establishes that the truth of the facts asserted is highly probable.
Certified copies of records supplied by the Department of Motor Vehicles or the Agency
of Natural Resources and presented by the issuing officer or other person shall be
admissible without testimony by a representative of the Department of Motor Vehicles
or the Agency of Natural Resources.
(c) The hearing officer shall make findings that shall be stated on the record or, if
more time is needed, made in writing at a later date. The hearing officer may make
a finding that the person has committed a lesser included violation. If the hearing
officer finds that the defendant committed a violation, the hearing officer shall
consider evidence of ability to pay, if offered by the defendant, prior to imposing
a penalty.
(d) Unless otherwise provided by law, a law enforcement officer may void or amend a complaint
issued by that officer by so marking the complaint and returning it to the Bureau,
regardless of whether the amended complaint is a lesser included violation. At the
hearing, a law enforcement officer may, unless otherwise provided by law, void or
amend a complaint issued by that officer in the discretion of that officer.
(e) A State’s Attorney may dismiss or amend a complaint.
(f) The Supreme Court shall establish rules for the conduct of hearings under this chapter. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 54, § 59, eff. June 1, 2009; 2009, No. 154 (Adj. Sess.), § 55b; 2011, No. 73 (Adj. Sess.), § 9; 2015, No. 147 (Adj. Sess.), § 21; 2025, No. 64, § 4, eff. June 12, 2025.)
§ 1107. Appeals
(a) A decision of the hearing officer may be appealed to the Criminal Division of the
Superior Court. The proceeding before the Criminal Division of the Superior Court
shall be on the record or, at the option of the defendant, de novo. The defendant
shall have the right to trial by jury. An appeal shall stay payment of a penalty and
the imposition of points.
(b) [Repealed.]
(c) If a decision is appealed, the State’s Attorney of the county in which the violation
occurred shall represent the State, and the State’s Attorney, municipal attorney,
or other designee of the legislative body of the municipality shall represent the
municipality.
(d) No appeal as of right exists to the Supreme Court. On motion made to the Supreme Court
by a party, the Supreme Court may allow an appeal to be taken to it from the Criminal
Division of the Superior Court. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2005, No. 188 (Adj. Sess.), § 7; 2009, No. 54, § 60, eff. June 1, 2009; 2009, No. 154, §§ 236, 238; 2011, No. 73 (Adj. Sess.), § 10; 2017, No. 93 (Adj. Sess.), § 3.)
§ 1108. Judicial Bureau violations; jurisdiction of assistant judges
(a) Subject to the limits of this section and notwithstanding any provision of law to
the contrary, an assistant judge sitting alone shall have the same jurisdiction, powers,
and duties to hear and decide matters within the jurisdiction of the Judicial Bureau
under section 1102 of this title as a hearing officer has under the provisions of this chapter.
(b)(1) An assistant judge who elects to hear and decide matters in the Judicial Bureau shall:
(A) [Repealed.]
(B) have successfully completed at least 40 hours of training, which shall be provided
by the Court Administrator; and
(C) annually complete eight hours of continuing education supervised by the Court Administrator.
(2) The training and education required by this subsection shall be developed by the Court
Administrator in consultation with the Association of Assistant Judges. Law clerk
assistance shall be available to the assistant judges.
(c) The Chief Superior Judge may assign or direct assignment of an assistant judge with
the assistant judge’s consent to hear matters in the Judicial Bureau within the county
in which the assistant judge presides or in a county other than the county in which
the assistant judge presides if the assistant judge has elected to hear and decide
such matters. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2005, No. 167 (Adj. Sess.), § 6, eff. May 20, 2006; 2009, No. 154 (Adj. Sess.), § 55a; 2021, No. 147 (Adj. Sess.), § 22, eff. May 31, 2022.)
§ 1109. Remedies for failure to pay; contempt
(a) Definitions. As used in this section:
(1) “Amount due” means all financial assessments contained in a Judicial Bureau judgment,
including penalties, fines, surcharges, court costs, and any other assessment authorized
by law.
(2) “Designated collection agency” means a collection agency designated by the Court Administrator.
(3) [Repealed.]
(b) Late fees; payment plans.
(1) A Judicial Bureau judgment shall provide notice that a $30.00 fee shall be assessed
for failure to pay within 30 days. If the defendant fails to pay the amount due within
30 days, the fee shall be added to the judgment amount and deposited in the Court
Technology Special Fund established pursuant to section 27 of this title.
(2) At minimum, the Judicial Bureau shall offer a payment plan option that allows an individual
to pay not more than $30.00 per traffic violation judgment per month and not to exceed
$100.00 per month if the individual has four or more outstanding judgments.
(c) Civil contempt proceedings.
(1) Commencement. If an amount due remains unpaid for 75 days after the Judicial Bureau provides the
defendant with a notice of judgment and the defendant is not currently complying with
a payment plan, the Judicial Bureau may initiate civil contempt proceedings pursuant
to this subsection.
(2) Notice of hearing. The Judicial Bureau shall provide notice by first-class mail sent to the defendant’s
last known address that a contempt hearing will be held pursuant to this subsection
and that failure to appear at the contempt hearing may result in the sanctions listed
in subdivision (3) of this subsection.
(3) Failure to appear. If the defendant fails to appear at the contempt hearing, the hearing officer may
direct the clerk of the Judicial Bureau to do one or more of the following:
(A) cause the matter to be reported to one or more designated collection agencies; or
(B) refer the matter to the Criminal Division of the Superior Court for contempt proceedings.
(C) [Repealed.]
(4) Hearing.
(A) Procedure. The hearing shall be conducted in a summary manner. The hearing officer shall examine
the defendant and any other witnesses and may require the defendant to produce documents
relevant to the defendant’s ability to pay the amount due. The State or municipality
shall not be a party except with the permission of the hearing officer. The defendant
may be represented by counsel at the defendant’s own expense.
(B) Traffic violations; reduction of amount due. When the judgment is based upon a traffic violation, the hearing officer may waive
the reinstatement fee required pursuant to 23 V.S.A. § 675(a) or reduce the amount due on the basis of the defendant’s driving history, ability
to pay, or service to the community; the collateral consequences of the violation;
or the interests of justice. The hearing officer’s decision to reduce the amount due
shall not be subject to review or appeal except in the case of a violation of rights
guaranteed under the Vermont or U.S. Constitution.
(5) Contempt.
(A) The hearing officer may conclude that the defendant is in contempt if the hearing
officer states in written findings a factual basis for concluding that:
(i) the defendant knew or reasonably should have known that the defendant owed an amount
due on a Judicial Bureau judgment;
(ii) the defendant had the ability to pay all or any portion of the amount due; and
(iii) the defendant failed to pay all or any portion of the amount due.
(B) In the contempt order, the hearing officer may do one or more of the following:
(i) Set a date by which the defendant shall pay the amount due.
(ii) Assess an additional penalty not to exceed 10 percent of the amount due.
(iii) [Repealed.]
(iv) Recommend that the Criminal Division of the Superior Court incarcerate the defendant
until the amount due is paid. If incarceration is recommended pursuant to this subdivision
(c)(5), the Judicial Bureau shall notify the Criminal Division of the Superior Court
that contempt proceedings should be commenced against the defendant. The Criminal
Division of the Superior Court proceedings shall be de novo. If the defendant cannot
afford counsel for the contempt proceedings in the Criminal Division of the Superior
Court, the Defender General shall assign counsel at the Defender General’s expense.
(d) Collections.
(1) If an amount due remains unpaid after the issuance of a notice of judgment, the Court
Administrator may authorize the clerk of the Judicial Bureau to refer the matter to
a designated collection agency.
(2) The Court Administrator or the Court Administrator’s designee is authorized to contract
with one or more collection agencies for the purpose of collecting unpaid Judicial
Bureau judgments pursuant to 13 V.S.A. § 7171.
(e) Venue. For purposes of civil contempt proceedings, venue shall be statewide. No entry or
motion fee shall be charged to a defendant who applies for a reduced judgment under
subdivision (c)(4)(B) of this section.
(f) Collections. Notwithstanding 32 V.S.A. § 502, the Court Administrator is authorized to contract with a third party to collect
fines, penalties, and fees by credit card, debit card, charge card, prepaid card,
stored value card, and direct bank account withdrawals or transfers, as authorized
by 32 V.S.A. § 583, and to add on and collect, or charge against collections, a processing charge in
an amount approved by the Court Administrator. (Added 2007, No. 51, § 2; amended 2007, No. 153 (Adj. Sess.), § 18; 2009, No. 154, § 238; 2013, No. 128 (Adj. Sess.), § 1; 2015, No. 147 (Adj. Sess.), § 5, eff. May 31, 2016; 2019, No. 149 (Adj. Sess.), § 10; 2023, No. 6, § 12, eff. July 1, 2023; 2023, No. 19, § 1, eff. June 24, 2023.)
§ 1110. Licenses or governmental contracts
(a) As used in this section, “license” means any license, certification, or registration
issued by an agency to conduct a trade or business, including a license to practice
a profession or occupation, or a license required to engage in recreational activities,
including licenses to hunt, fish, or trap.
(b) Every applicant for a license shall sign a statement that the applicant is in good
standing with respect to any unpaid judgment issued by the Judicial Bureau or Criminal
Division of the Superior Court for fines or penalties for a violation or criminal
offense. A license may not be issued or renewed without such a statement.
(c) For the purposes of this section, a person is in good standing with respect to any
unpaid judgment issued by the Judicial Bureau or Criminal Division of the Superior
Court for fines or penalties for a violation or criminal offense if:
(1) 60 days or fewer have elapsed since the date a judgment was issued; or
(2) the person is in compliance with a repayment plan approved by the judiciary. (Added 2007, No. 51, § 3, eff. Jan. 1, 2008; amended 2009, No. 154, § 238.)
§ 1111. Civil violation; failure to produce identification
(a) A law enforcement officer is authorized to detain a person if:
(1) the officer has reasonable grounds to believe the person has committed a civil violation
of Title 7, 10, 13, 18, or 23; and
(2) the person refuses to identify himself or herself satisfactorily to the officer when
requested by the officer.
(b) The person may be detained under this section only until the person identifies himself
or herself satisfactorily to the officer or is properly identified. If the officer
is unable to obtain the identification information, the person shall forthwith be
brought before a judge in the Criminal Division of the Superior Court for that purpose.
A person who refuses to identify himself or herself to the court on request shall
immediately and without service of an order on the person be subject to civil contempt
proceedings pursuant to 12 V.S.A. § 122. (Added 2013, No. 194 (Adj. Sess.), § 12, eff. June 17, 2014.)