The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 4 V.S.A. § 4)
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§ 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.)