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As one of the original 13 U.S. states, Vermont’s
court system has a lengthy history and tradition. It is, however, also
a quite progressive court, with not only supreme, superior and
district court venues, but also issues-oriented courts such as Family
Court, Probate Court and even Environmental Court.
Vermont Supreme Court
The
Vermont Supreme Court is the state’s highest judicial venue. It
consists of a chief justice (Paul
Reiber) and four
associate justices whose primary job is to hear appeals of cases
decided by lower courts.
Cases in the Supreme Court are decided from the
written record, written briefs submitted by lawyers for each side, and
oral arguments by those lawyers. No evidence is presented. The court’s
job is to decide whether legal errors were made by the lower court;
rarely will the Supreme Court attempt to reach a decision on whether
the facts are true.
Additionally, the chief justice of the Supreme
Court is considered the managing officer for all Vermont courts, and
makes administrative decisions and procedural rules for the operations
of all courts in the state.
The Supreme Court convenes at 109 State St. in
the capital city of Montpelier. Its
court calendar is available online, as are its
published opinions,
published orders and
unpublished court orders.
Vermont Superior Court
Vermont’s
Superior Court hears primarily civil cases. People can also sue
for small claims of $5,000 or less. On occasion, the Superior Court
will hear a criminal case.
Each of Vermont’s 14 coutnies has two assistant
judges who sit with one Superior Court judge to hear most cases. The
assistant judges – who need not be attorneys – are elected county
officials who are responsible for county affairs in addition to their
courtroom responsibilities.
Superior Court has exclusive jurisdiction over
most civil cases, which involve the private rights of individuals,
businesses and organizations. These cases might include: orders for
protection for victims of stalking or sexual assault; tort claims,
i.e., injury or wrong resulting from the action or inaction of
another; disputes over contracts; disputes in ownership of real estate
or other property; and
small claims, i.e., other disputes involving damages of $5,000 or
less.
Vermont’s superior courts also have jurisdiction
to review the decisions of a lower court or government agency upon
request for appeal.
The facts of the case may be decided by a
three-judge panel – the presiding judge and two assistants – or by
jury.
There are 12 Superior Court judges, all of whom
may hear cases in Superior Court, District Court or Family Court.
A roster and contact list of Superior Court
judges and staff, and a link to each court’s calendar, are available
online by county:
Addison;
Bennington;
Caledonia;
Chittenden;
Essex;
Franklin;
Grand Isle;
Lamoille;
Orange;
Orleans;
Rutland;
Washington;
Windham; and
Windsor.
Vermont District Courts
Vermont’s
District Court venues primarily hear criminal cases.
Just as in the Superior Court system, the
district courts are active in all 14 Vermont counties. They field
nearly all criminal cases filed in Vermont, plus some civil matters,
including civil suspensions of a driver’s license, fish and wildlife
violations, and appeals of traffic tickets and municipal ordinance
violation decisions rendered by lower courts.
There are 17 District Court judges. The addresses
and phone numbers for their courts, the names of associated staff
members, two-week calendars for the court and the
Vermont Judiciary Surcharge Schedule for fines and restitution can
be accessed online by county:
Addison;
Bennington;
Caledonia;
Chittenden;
Essex;
Franklin;
Grand Isle;
Lamoille;
Orange;
Orleans;
Rutland;
Washington;
Windham; and
Windsor.
Vermont Family Courts
Family Court venues in Vermont hear cases involving divorce,
juvenile matters, domestic abuse and child support.
The District Court and Superior Court judges,
Family Court magistrates and some assistant judges are assigned to
Family Court as needed.
Each of Vermont’s 14 counties has a Family Court.
Numerous matters related to marriage –
divorce, annulment, desertion and separation – are handled by
these courts. So are
child support matters, determination of a child’s parentage,
orders for protection for victims of domestic abuse, and
juvenile cases for the delinquent, unmanageable, abused or
neglected minor. The court’s final responsibility is decisions on
psychiatric commitment to the Vermont State Hospital.
Many individuals represent themselves in Family
Court. Vermont offers training sessions led by court staff to educate
these participants so they will receive a fair hearing of their family
matters.
All Family Court matters except child support
determinations are usually decided by the presiding Family Court
judge. Child support orders are the responsibility of Family Court
magistrates. There are no jury trials.
Vermont Probate Court
As in other probate courts, the
Vermont Probate Court handles the settlement of estates, matters
involving wills, requests for name changes, adoptions and guardianship
of children and uniform gifts to minors.
There are 18 Probate Court judges who are elected
to serve four-year terms. Probate Court judges need not be licensed
attorneys.
Each of Vermont’s 14 counties has at least one
Probate Court venue. In four of the state’s southern counties, there
are two Probate Court locations. Bennington County has venues in
Bennington and Manchester, Rutland County has locations in Rutland and
Fair Haven, Westminster County operates sites in Marlboro and Windham,
and Windsor County has probate courts in Hartford and Windsor. These
courts can be contacted by location:
Addison;
Bennington;
Caledonia;
Chittenden;
Essex;
Fair Haven;
Franklin;
Grand Isle;
Hartford;
Lamoille;
Manchester;
Marlboro;
Orange;
Orleans;
Rutland;
Washington;
Westminster; and
Windsor.
Vermont Environmental Court
Vermont’s
Environmental Court hears appeals from municipal boards and
commissions, and also appeals from “Act 250” decisions. The court also
can hear Agency of Natural Resources, Natural Resource Board and
municipal enforcement department cases.
Two Environmental Court judges preside over
courtrooms at 2418 Airport Road in Barre.
The
court’s calendar can be found online. Also available are links to
Environmental Court decisions and to information on
seeking mediation on environmental matters.
Vermont Judicial Bureau
The
Vermont Judicial Bureau is assigned to hear Vermont Civil
Violation Complaints and violations of municipal ordinances.
These matters might include
traffic tickets,
minor municipal violations, fish and wildlife offenses, hazing
cases and matters involving minors in possession of alcohol.
Offenders who are willing to plead guilty or no
contest to traffic violations can
pay their tickets online. Online resources for such individuals
include a link to PDFs of the
Judicial Bureau Motion Form, a
waiver penalty and schedule of fines, and a
speeding penalty chart. |