The Vermont Statutes Online

Title 12: Court Procedure

Chapter 003: Disqualification of Judges, Jurors, and Attorneys

• § 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 or she 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 or she be permitted to appear as attorney or counsel in a cause in which he or she has acted in such capacity or as trier; but he or she 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 or her 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 Superior 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.)

• § 62. Judge acting as referee, auditor, commissioner, or master

  A Justice of the Supreme Court or a Superior judge shall not act as referee, auditor, commissioner, or special master in a cause pending in a court in this State, unless he or she began the hearing in such cause as referee, auditor, commissioner, or special master prior to his or her appointment or election as such Justice or judge.

• § 63. Nisi prius judge sitting en banc or on appeal

  A Justice of the Supreme Court or Superior judge shall not sit at the trial of a cause en banc which he or she tried in a Superior Court. (Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 64. Jurors—Conviction of crime; citizenship and residence

  A person who has served a term of imprisonment in this State after conviction of a felony, or who is not a citizen of the United States or a resident of the county, shall be disqualified to act as a grand or petit juror.

• § 65. Party to action pending at same term

  A person duly summoned as a petit juror at a stated term of the Superior Court who is party to an action pending in the court, marked to be tried by a jury at that term, shall be disqualified for jury service during such term. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)