§ 461. Office of magistrate; jurisdiction; selection; term
(a) The office of magistrate is created within the Family Division of the Superior Court.
Except as provided in section 463 of this title, the office of magistrate shall have nonexclusive jurisdiction to hear and dispose
of the following cases and proceedings:
(1) Proceedings for the establishment, modification, and enforcement of child support,
including contempt proceedings instituted against an obligated party for the limited
purpose of enforcing a child support order.
(2) Cases arising under the Uniform Interstate Family Support Act.
(3) Child support in parentage cases after parentage has been determined.
(4) Cases arising under 33 V.S.A. § 5116, when delegated by a presiding judge of the Superior Court.
(5) Proceedings to establish, modify, or enforce temporary orders for spousal maintenance
in accordance with 15 V.S.A. §§ 594a and 752.
(6) Proceedings to modify or enforce temporary or final parent-child contact orders issued
pursuant to this title.
(7) Proceedings to establish parentage.
(8) Proceedings to establish temporary parental rights and responsibilities and parent-child
contact.
(b) A magistrate shall be an attorney admitted to practice in Vermont with at least four
years of general law practice. Magistrates shall be nominated, appointed, and confirmed
in the manner of Superior judges.
(c)(1) Terms of office of magistrates, except in the case of an appointment to fill a vacancy
or unexpired term, shall be for a term of six years from and including April 1 in
the year of the magistrate’s appointment or retention. A magistrate shall remain in
office until a successor is appointed and qualified, unless sooner removed for cause
or unless he or she resigns.
(2) A magistrate 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 magistrate was appointed
or retained, a declaration that the magistrate will be a candidate to succeed themself.
However, a magistrate 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 magistrate files such a declaration,
the magistrate’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
magistrates be retained in office?” The names of the magistrates shall be listed followed
by “Yes____ No____.” If a majority of those voting on the question vote against retaining
a magistrate in office, upon the expiration of the term, a vacancy shall exist that
shall be filled in accordance with the Constitution and chapter 15 of this title.
If the majority vote is in favor of retention, the magistrate 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 subdivision.
(3) The Court Administrator shall notify the Secretary of State whenever a magistrate
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 magistrate has succeeded, thereby
resulting in automatic notification of an intention to continue in office. Whenever
a magistrate files a declaration under subdivision (2) of this subsection or when
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) Magistrates shall be exempt employees of the Judicial Branch, subject to the Code
of Judicial Conduct, and, except as provided in section 26 of this title, shall devote full time to their duties. The Supreme Court shall prescribe training
requirements for magistrates.
(e) A magistrate shall have received training on the subject of parent-child contact before
being assigned to hear and determine motions filed pursuant to subdivision (a)(6)
of this section.
(f) [Repealed.] (Added 1989, No. 221 (Adj. Sess.), § 1; amended 1991, No. 189 (Adj. Sess.), § 4, eff. July 5, 1992; 1993, No. 227 (Adj. Sess.), § 21; 1995, No. 63, § 139a; 1995, No. 181 (Adj. Sess.), § 19; 1999, No. 54, § 2; 2009, No. 154 (Adj. Sess.), § 29; 2009, No. 156 (Adj. Sess.), § E.319; 2019, No. 144 (Adj. Sess.), § 23; 2021, No. 105 (Adj. Sess.), § 9, eff. July 1, 2022.)