reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 1 - Supreme Court › § 40. Report on temporary employees

§ 40. Report on temporary employees
Annually, on or before January 15, the State Court Administrator shall submit a report to the House Committees on General and Housing and on Government Operations and Military Affairs and the Senate Committee on Government Operations identifying for each of the two prior calendar years:
(1) the total number of individuals employed by the Judiciary Department on a temporary basis who have worked in excess of 1,280 hours in the prior calendar year, excluding employees identified in 3 V.S.A. § 1011(7), (8)(A)-(D), (8)(F)-(G), and (8)(I)-(K);
(2) the total number of temporary positions in which one or more individuals have been employed for a combined total of more than 1,280 hours, excluding positions filled by employees identified in 3 V.S.A. § 1011(7), (8)(A)-(D), (8)(F)-(G), and (8)(I)-(K);
(3) the total number of hours worked by each temporary employee identified pursuant to subdivision (1) of this section; and
(4) the total number of years during which each temporary employee identified pursuant to subdivision (1) of this section has worked for the Judiciary Department. (Added 2019, No. 58, § 6.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 3 - Superior Judges and Superior Courts › § 73. Assignment

§ 73. Assignment
(a) In accordance with the direction of the Supreme Court, the Chief Superior Judge shall assign the Superior judges among the units and divisions of the Superior Court. The Chief Superior Judge shall assign a presiding judge to each unit and may assign a judge to preside in more than one unit. In a case where a Superior judge is disqualified or unable to attend any term of court or part thereof to which the Superior Judge has been assigned, the Chief Superior Judge may assign another Superior judge to act as judge at that term or part thereof for that period during which the assigned judge is disqualified or unable to attend. If during a term of the Superior Court the court in a unit is unable to complete all or part of the work before it in a reasonable time, the Chief Superior Judge, with the approval of the Supreme Court, may modify judge assignments to reduce delays in that unit. The court shall publish the judicial rotation schedule in electronic format and distribute it electronically to attorneys licensed in Vermont.
(b) Pursuant to section 21a of this title, the Chief Superior Judge shall assign Superior judges to hear and determine Family Court matters. The Chief Superior Judge shall ensure that such hearings are held promptly. Any contested divorce case that has been pending for more than one year shall be advanced for prompt hearing upon the request of any party.
(c) As necessary to ensure the efficient operation of the Superior Court, the presiding judge of the unit may specially assign a Superior judge assigned to a division in the unit, including the presiding judge, to preside over one or more cases in a different division. As the Chief Superior Judge determines necessary for the operation of the Superior Court throughout the State, and with the approval of the Supreme Court, the Chief Superior Judge may additionally assign for a specified period of time a Superior judge to preside over a particular type of case, or over a particular type of motion or other judicial proceeding, in all or part of the units in the State. (Amended 1971, No. 185 (Adj. Sess.), § 9, eff. March 29, 1972; 1979, No. 181 (Adj. Sess.), § 5; 1981, No. 219 (Adj. Sess.), § 1; 1985, No. 63, § 3; 1999, No. 148 (Adj. Sess.), § 72, eff. May 24, 2000; 2009, No. 154 (Adj. Sess.), § 11; 2021, No. 147 (Adj. Sess.), § 13, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 3 - Superior Judges and Superior Courts › § 75. Powers of Justice or Superior judge after expiration of term or vacation of office

§ 75. Powers of Justice or Superior judge after expiration of term or vacation of office
Whenever the term of office of a Justice, Superior judge, Environmental judge, magistrate, or hearing officer expires or he or she otherwise vacates the office, the Justice, judge, magistrate, or hearing officer shall have the same authority to conclude causes he or she has partly or fully heard that he or she would have had if remaining in that office. The Justice, judge, magistrate, or hearing officer may make and sign findings and orders for judgments or decrees in causes pending before him or her, may make interlocutory orders and decrees, and shall be paid compensation commensurate with that paid specially assigned judicial officers as provided by section 23 of this title. (Amended 1977, No. 235 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 3 - Superior Judges and Superior Courts › § 111. Superior court sessions

§ 111. Superior court sessions
(a) When the business of a Superior Court cannot otherwise be disposed of with reasonable dispatch, by direction of the Chief Superior Judge, there may be held additional sessions of that Superior Court simultaneously with the regular session consisting of a presiding judge and one or more assistant judges, if available.
(b) A Superior Court may be temporarily recessed or adjourned from the place designated for holding a regular term or session to another place having adequate facilities when the regular facilities at the designated courthouse are not adequate.
(c) The Chief Superior Judge may assign assistant judges, with their consent, to a special assignment in a court where they have jurisdiction in another county when assistant judges of that county are unavailable or the business of the courts so requires. (Amended 1971, No. 185 (Adj. Sess.), § 11, eff. March 29, 1972; 1979, No. 181 (Adj. Sess.), § 6; 1981, No. 60; 1983, No. 201 (Adj. Sess.), § 1, eff. April 27, 1984; 1999, No. 148 (Adj. Sess.), § 73, eff. May 24, 2000; 2009, No. 154 (Adj. Sess.), § 13; 2021, No. 147 (Adj. Sess.), § 14, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 3 - Superior Judges and Superior Courts › § 115. Stated terms of Superior Court

§ 115. Stated terms of Superior Court
The Superior Court shall operate continuously irrespective of the term in which events occur. Terms are designated for purposes of determining the rotation schedule of Superior judges and the responsibility of a Superior judge once a term has expired. When at the expiration of a term a Superior judge is no longer assigned to a specified unit, the judge shall complete any matters that have been heard or taken under advisement for that unit. The Chief Superior Judge, pursuant to rules of the Supreme Court, may specially assign a Superior judge to continue to preside over one or more cases even though the judge is no longer assigned to the unit of origin of the case or cases. In the absence of such a direction or of an assignment made pursuant to subsection 73(c) of this title, a judge who at the end of a term is no longer assigned to a unit shall have no further responsibility for cases in that unit. (Amended 1963, No. 15, § 2; 1965, No. 51, §§ 1-3; 1973, No. 106, § 2, eff. May 25, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 15; 2021, No. 147 (Adj. Sess.), § 15, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 5 - Court of Chancery › § 219. Powers of chancellor

§ 219. Powers of chancellor
The powers and jurisdiction of the courts that were previously vested in the courts of chancery are vested in the Superior Court. Superior, Environmental, and Probate judges have the powers of a chancellor in passing upon all civil matters that may come before them. (1969, No. 129, § 1, eff. date, see note set out below; amended 1971, No. 185 (Adj. Sess.), § 14, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1983, No. 201 (Adj. Sess.), § 3, eff. April 27, 1984; 2009, No. 154 (Adj. Sess.), § 16; 2021, No. 105 (Adj. Sess.), § 7, eff. July 1, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 272. Probate districts; Probate judges

§ 272. Probate districts; Probate judges
(a) There shall be one Probate district in each county, which shall be designated by the name of the county. Each Probate district shall elect one Probate judge.
(b) To hold the position of Probate judge, a person shall be admitted by the Supreme Court to practice law. This subsection shall not apply to any person who holds the office of Probate judge on July 1, 2010.
(c) The Chief Superior Judge may specially assign a Probate judge to hear a case in a geographical district other than the district for which the Probate judge was elected. (Added 2009, No. 154 (Adj. Sess.), § 17; amended 2021, No. 147 (Adj. Sess.), § 16, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 278. Authorization of assistant judges

§ 278. Authorization of assistant judges
(a) An assistant judge or a candidate for the office of assistant judge may also seek election to the office of Probate judge and if otherwise qualified and elected to both offices, may serve both as an assistant judge and as Probate judge.
(b) In the event a probate matter arises in the Superior Court over which an assistant judge is also the Probate judge who presides, or has presided, over the same or related probate matter in the Probate Court, the assistant judge shall be disqualified from hearing and deciding the probate matter in the Superior Court.
(c) In the event a probate matter arises in the Probate Court over which a Probate judge is also an assistant judge who presides, or has presided, over the same or related probate matter in the Superior Court, the Probate judge shall be disqualified from hearing and deciding the probate matter in the Probate Court. (Added 2009, No. 154 (Adj. Sess.), § 17a.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 312. Resident’s estate; settlement

§ 312. Resident’s estate; settlement
If an inhabitant of this State dies, his or her will shall be proved, or letters of administration granted and his or her estate settled in the Probate Court of the district in which he or she resided at the time of his or her death.
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 313. Nonresident’s estate; settlement

§ 313. Nonresident’s estate; settlement
If a person resided out of the State at the time of his or her death, his or her will shall be allowed and recorded, and letters testamentary or of administration shall be granted in the Probate Court of any district in which he or she had estate.
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 354. Disqualification of judge or register; penalty

§ 354. Disqualification of judge or register; penalty
A judge or register shall not act as guardian, executor, administrator, trustee, or in any other fiduciary capacity or as attorney in any probate matter pending in any court in the State while holding either office. A judge or register who violates a provision of this section shall be imprisoned not more than six months or fined not more than $500.00, or both. (Amended 1961, No. 149, eff. June 7, 1961.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 355. Disqualification or disability of judge

§ 355. Disqualification or disability of judge
When a Probate judge is incapacitated for the duties of office by absence, removal from the district, resignation, sickness, death, or otherwise or if the judge or the judge’s spouse or child is heir or legatee under a will filed in the judge’s district, or if the judge is executor or administrator of the estate of a deceased person in his or her district, or is interested as a creditor or otherwise in a question to be decided by the court, he or she shall not act as judge. The judge’s duties shall be performed by a Superior judge assigned by the presiding judge of the unit. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 20, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 356. Authority of judge after end of term

§ 356. Authority of judge after end of term
(a) A Probate judge whose term of office has expired, or who has vacated such office, shall have authority to act in the capacity of Probate judge to conclude causes and proceedings partly or fully heard before the judge as Probate judge as fully and effectively as he or she could if he or she remained in such office. He or she may make, sign, and enter findings, decisions, orders, and decrees in causes or proceedings so pending before him or her as Probate judge, and all such acts so performed by the judge shall have as full force and effect as they would have had if he or she had remained in office.
(b) The jurisdiction conferred by subsection (a) of this section shall not be exercised if the presiding judge of the unit determines that the successor to the Probate judge will assume jurisdiction for all or part of the cases.
(c) A Probate judge who exercises the jurisdiction conferred by subsection (a) of this section shall receive compensation at a rate fixed by the Court Administrator. (Amended 1971, No. 185 (Adj. Sess.), § 15, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 21, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 357. Registers of Probate

§ 357. Registers of Probate
The Superior Court clerk or court operations manager, in consultation with the Probate judge, and following the approval of the Court Administrator, shall hire a register of probate for each unit. The Probate judge may request that the Court Administrator designate one or more staff persons as additional registers. (Amended 1969, No. 125, § 4; 1971, No. 191 (Adj. Sess.), § 9; 1973, No. 106, § 3, eff. May 25, 1973; 1977, No. 160 (Adj. Sess.), eff. March 30, 1978; 1981, No. 76; 1997, No. 92 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 22; 2017, No. 28, § 1, eff. May 10, 2017.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 363. Powers

§ 363. Powers
(a) A Probate judge may issue warrants, subpoenas, and processes in conformity with the law necessary to compel the attendance of witnesses or to produce books, papers, documents, or tangible things, or to carry into effect the orders, sentences, or decrees of the Probate Court or the powers granted it by law.
(b) A Probate judge may appoint not more than three masters to report on a particular issue or to do or perform particular acts or to receive and report evidence. (Amended 1985, No. 144 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 1, § 3, eff. Feb. 2, 2011.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 364. Commitment to enforce orders

§ 364. Commitment to enforce orders
If a person does not comply with an order, sentence, or decree of the Probate Division of the Superior Court in a proceeding formerly within the jurisdiction of the Probate Court, the court may issue a warrant committing the person to the custody of the Commissioner of Corrections until compliance is given. (Amended 1985, No. 144 (Adj. Sess.), § 8; 2009, No. 154 (Adj. Sess.), § 24, eff. February 1, 2011.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 7 - Probate Courts › § 369. Nonresident’s estate; notice to Commissioner of Taxes; information to banks

§ 369. Nonresident’s estate; notice to Commissioner of Taxes; information to banks
(a) When an executor or administrator is appointed to administer within this State an estate of a deceased person who resided in another state or country at the time of his or her death, the judge who issued the appointment shall forthwith notify the Commissioner of Taxes in writing of the appointment, giving the name and residence of the deceased person at the time of his or her death, the name and residence of the executor or administrator, the date of his or her appointment, and the court making the appointment.
(b) The Commissioner shall keep a full record in each case and upon inquiry made of him or her by any savings bank or savings institution in the State shall at once notify the bank or institution whether, as shown by his or her record, an executor or administrator has been appointed by any court in the State to administer the estate of the deceased person named in the inquiry. If there has been such an appointment, the Commissioner shall furnish the information required by this subsection to the bank or institution forthwith. (Amended 2009, No. 154 (Adj. Sess.), § 25, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 455. Transfer of Probate proceedings

§ 455. Transfer of Probate proceedings
(a) Any guardianship action filed in the Probate Division of the Superior Court pursuant to 14 V.S.A. chapter 111, subchapter 2, article 1 and any adoption action filed in the Probate Division pursuant to Title 15A may be transferred to the Family Division of the Superior Court.
(b) In an adoption action filed in the Probate Division pursuant to Title 15A, the Family Division shall order the transfer of the proceeding on motion of a party or on its own motion if it finds that the identity of the parties, issues, and evidence are so similar in nature to the parties, issues, and evidence in a proceeding pending in the Family Division that transfer of the probate action to the Family Division would expedite resolution of the issues or would best serve the interests of justice. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 28a, eff. Feb. 1, 2011; 2013, No. 170 (Adj. Sess.), § 5, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 457. Participation and availability of assistant judges

§ 457. Participation and availability of assistant judges
(a) Application. This section shall apply in all proceedings in which the Family Court consists of one presiding judge and two assistant judges.
(b) Questions of law and fact. In all proceedings, questions of law shall be decided by the presiding judge. Mixed questions of law and fact shall be deemed to be questions of law. The presiding judge alone shall decide which are questions of law, questions of fact, and mixed questions of law and fact. Written or oral stipulations of fact submitted by the parties shall establish the facts in the submitted stipulation, except that the presiding judge, in the presiding judge’s discretion, may order a hearing on any stipulated fact. Neither the decision of the presiding judge under this subsection nor participation by an assistant judge in a ruling of law shall be grounds for reversal unless a party makes a timely objection and raises the issue on appeal.
(c) Availability of assistant judges. If two assistant judges are not available, the court shall consist of one presiding judge and one assistant judge. If neither assistant judge is available, the court shall consist of the presiding judge alone, and the unavailability of an assistant judge shall not constitute reversible error.
(d) Mistrial. In the event that court is being held by the presiding judge and one assistant judge, and they do not agree on a decision, a mistrial shall be declared. If the case is retried, the court shall consist of the presiding judge alone or the presiding judge and two assistant judges.
(e) Method of determining availability. Before commencing a hearing in any matter in which the court by law may consist of the presiding judge and assistant judges, the assistant judges shall determine whether they are available for the case. A schedule of proceedings in Family Court in which the assistant judges by law may participate shall be made available sufficiently in advance to give assistant judges reasonable opportunity to determine in which cases they will participate. If two or more cases are being heard at one time, and assistant judges may by law participate in either, each assistant judge may determine in which case he or she will participate.
(f) Duty to complete hearing or trial. After an assistant judge has decided to participate in a hearing or trial, the assistant judge shall not withdraw from the hearing or trial except for cause. However, if an assistant judge is not available for a scheduled hearing or trial or becomes unavailable during trial, the matter may continue without that assistant judge’s participation, and the assistant judge may not return to participate.
(g) Emergency relief. A presiding judge may hear a petition for emergency relief when the court is not sitting and may issue temporary orders as necessary. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2021, No. 105 (Adj. Sess.), § 8, eff. July 1, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 458. Venue

§ 458. Venue
The place of trial in the Family Division of the Superior Court shall be in the county in which one of the parties resides if one party resides within the State. If no party resides within the State, the place of trial may be in any county. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 461a. Essex County; powers of assistant judges and magistrates in Family Court proceedings

§ 461a. Essex County; powers of assistant judges and magistrates in Family Court proceedings
(a) Notwithstanding any other provision of law to the contrary, an assistant judge of Essex County who has satisfactorily completed the training provided by the Vermont Supreme Court pursuant to Sec. 20 of Act No. 221 of the 1990 (Adj. Sess.), or a similar course of training that has been approved by the Supreme Court, shall act as a magistrate and hear and dispose of proceedings for the establishment, modification, and enforcement of child support and establishment of parentage in all cases filed or pending in the Family Division of the Superior Court in Essex County.
(b) The Chief Superior Judge may appoint and may specially assign a magistrate to serve as the presiding judge in the Family Division of the Superior Court in Essex County.
(c) No Vermont Family Court action filed or pending in Essex County, except for temporary abuse prevention proceedings and juvenile proceedings under Title 33, shall be heard at or transferred to the Family Division in another unit of the Superior Court. (Added 1993, No. 59, § 27e, eff. June 3, 1993; amended 2009, No. 154 (Adj. Sess.), § 29a; 2021, No. 147 (Adj. Sess.), § 17, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 461c. Powers of assistant judges in divorce proceedings

§ 461c. Powers of assistant judges in divorce proceedings
(a) Notwithstanding any other provision of law to the contrary, an assistant judge may elect to hear and determine a complaint or action that seeks a divorce, legal separation, or civil union dissolution in cases where a final stipulation of the parties has been filed with the court.
(b) When an assistant judge elects to hear such cases, the clerk shall set it for hearing before the assistant judge if available.
(c) Prior to hearing an uncontested domestic matter, an assistant judge shall sit with a Superior judge on domestic proceedings for a minimum of 100 hours, satisfactorily complete a minimum of 30 hours of training on subjects relevant to domestic proceedings and the Code of Judicial Conduct, and conduct a minimum of three uncontested domestic hearings with a Superior judge who shall, in the Superior judge’s sole discretion, certify to the Chief Superior Judge that the assistant judge is qualified to preside over matters under this section. Upon application of an assistant judge, some or all of these requirements may be waived by the Chief Superior Judge based on equivalent experience. The requirements set forth in this subsection shall only apply to assistant judges who elect to conduct uncontested final hearings in domestic cases after July 1, 2010. An assistant judge already conducting hearings under this section as of July 1, 2010 shall be deemed to have complied with these requirements. (Added 1993, No. 237 (Adj. Sess.), § 10, eff. Nov. 1, 1994; amended 1995, No. 59, § 3; 1997, No. 90 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 29b; 2021, No. 105 (Adj. Sess.), § 10, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 18, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 462. Findings; orders; stipulations

§ 462. Findings; orders; stipulations
(a) The magistrate shall make findings of fact, conclusions, and a decision and shall issue an order. An order issued by a magistrate may be enforced by the Family Division of the Superior Court in the unit in which the magistrate hearing was held.
(b) A magistrate may issue an order based on a stipulation regarding any preliminary matter necessary to issue a child support order.
(c) If the stipulation of the parties regarding child support includes matters other than preliminary matters necessary to issue a child support order, the stipulation may be accepted and approved by the magistrate in respect to those preliminary matters and signed by the magistrate as an order of the Family Division of the Superior Court.
(d) A magistrate shall issue an order for child support based upon the actual physical living arrangements of the children during the prior three months if the parties have not stipulated concerning parental rights and responsibilities. If parental rights and responsibilities are contested, the Family Division of the Superior Court shall make an order allocating parental rights and responsibilities. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 228 (Adj. Sess.), § 9; 1995, No. 59, § 14; 2009, No. 146 (Adj. Sess.), § C14; 2009, No. 154 (Adj. Sess.), § 30.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 463. Jurisdiction of Family Division of Superior Court over child support

§ 463. Jurisdiction of Family Division of Superior Court over child support
Upon motion of either party, upon motion of the magistrate, or upon the court’s own motion, a judge of the Family Division of the Superior Court may hear and determine the issue of child support, provided there is a prior existing support order in effect or an interim or temporary order and the court finds one of the following:
(1) The support matter is so intrinsically tied to an action that must be heard by a judge that hearing before a magistrate would unduly delay the proceedings.
(2) The identity of the parties, issues, and evidence are so similar in nature that consolidation with an already scheduled matter would in fact expedite resolution of the support issue.
(3) A material legal issue must be resolved for which there is no legal precedent.
(4) Such good and substantial cause as the court may find, consistent with the principle that support cases shall be heard in a timely manner. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 464. Representation

§ 464. Representation
(a) Any person or other legal entity, including the State, shall be entitled but not required to be represented by an attorney before a magistrate. Nonattorney employees of the Office of Child Support who have been duly qualified by the Office of Child Support may sign complaints and motions and may participate in child support hearings before a magistrate, including those arising under 33 V.S.A. § 5116 subject to the conditions in subsections (b) and (c) of this section. This participation shall not be considered the unauthorized practice of law.
(b) Participation in a proceeding shall consist of:
(1) presentation of current and material evidence relative to both parents’ income and resources;
(2) computation of parental support obligations based upon child support guidelines, and recommendations for any deviations from that amount after consideration of the best interests of the child;
(3) relevant supporting documentation and legal justification for the recommendation.
(c) A current roster of qualified Office of Child Support staff shall be furnished to the court by the Office of Child Support. Such staff may be denied the right to participate in child support proceedings upon notice to the Office of Child Support from the Court Administrator. The notice shall indicate the basis for the decision. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 105, § 2; 1995, No. 63, § 139b, eff. July 1, 1996; 2013, No. 131 (Adj. Sess.), § 101.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 465. Appeals

§ 465. Appeals
An appeal from a decision of a magistrate shall be on the record to the Family Division of the Superior Court. At the request of a party, the Family Court shall hear additional evidence. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 466. Procedure

§ 466. Procedure
(a) A proceeding before a magistrate shall, in cases involving child support, be initiated by the filing of a petition. If a proceeding for divorce, annulment, or separation has been commenced before the Family Division of the Superior Court, the magistrate shall have jurisdiction to determine a temporary amount of child support on the basis of the complaint or petition filed in the Family Division of the Superior Court.
(b) A magistrate hearing shall be conducted according to rules adopted by the Supreme Court, subject to review by the Judicial Rules Committee. The rules shall include postjudgment procedures and deadlines for the establishment of support orders which comply with the requirements of federal law.
(c) The Vermont Rules of Evidence shall apply to magistrate proceedings, except that evidence not admissible under those Rules may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs and is not precluded by statute or privilege.
(d) Witnesses shall be sworn. Hearings shall be electronically recorded. The magistrate shall assist the parties in developing relevant and reliable evidence.
(e) The Family Division of the Superior Court clerk shall provide for personal service or shall mail to the respondent, at one or more of the addresses supplied by the respondent, by certified mail, return receipt requested and delivery restricted to the addressee, the expense being paid by the petitioner, a notice signed by the clerk. If acceptance of service is refused, the clerk may serve the notice on the respondent by sending it to the respondent by ordinary first-class mail and by certifying that such service has been made. In the alternative, the clerk may provide for mail service as provided in Rule 4(l) of the Vermont Rules of Civil Procedure.
(f) When an obligor is referred to an employment services program, the magistrate may require the program to file periodic written reports with the court regarding the obligor’s progress and cooperation with the program requirements. Such reports shall be admissible in an enforcement or contempt proceeding without the appearance of a witness from the program unless there is a dispute with respect to the authenticity of the report or the obligor disputes the facts set forth in the report concerning the obligor’s performance and the facts in dispute are relevant to the determination of the issues before the court. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238; 2011, No. 119 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 10 - Family Court › § 467. Forms; Office of Child Support; IV-D services

§ 467. Forms; Office of Child Support; IV-D services
(a) The Court Administrator shall prepare and make available to the public forms for proceeding before a magistrate, including forms for the filing of an action, responding to a petition and filing motions. The purpose of the standardized forms is to make the magistrate hearing accessible to all parties in a dispute without the assistance of counsel.
(b) The form for filing a petition with the magistrate shall include provision for the petitioner to request IV-D services from the Office of Child Support established in 33 V.S.A. § 4101. If the petitioner requests IV-D services, the court shall immediately notify the Office of Child Support.
(c) The Court Administrator and the Office of Child Support shall jointly prepare and make available to the public a booklet describing the services available to both custodial and noncustodial parents and the judicial procedure applicable to child support and parentage cases.
(d) The Court Administrator and the Office of Child Support shall prepare a standardized child support order. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 11 - Justices of the Peace › § 491. Qualification of justice of the peace—Filing of oath and certificate

§ 491. Qualification of justice of the peace—Filing of oath and certificate
Before entering upon his or her duties, each justice shall deposit with the town clerk a copy of his or her official oath, signed by himself or herself, with a certificate of the magistrate or notary public administering the same. The Secretary of State shall provide oath forms for this purpose. The term of office of justices of the peace shall be two years, and shall commence on the first day of February next after their election. (Amended 1959, No. 71; 1981, No. 239 (Adj. Sess.), § 2; 1983, No. 26, eff. April 11, 1983.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 11 - Justices of the Peace › § 500. Expiration of term of office; certified copies of records

§ 500. Expiration of term of office; certified copies of records
After the expiration of his or her term of office and while residing in the same county, a justice may make and certify copies of the records of his or her official business. Such copies shall have the same validity as though made and certified while he or she was in office.
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 15 - Judicial Nominations and Appointments › § 602a. Duties; Public Utility Commission members

§ 602a. Duties; Public Utility Commission members
(a) In accordance with 30 V.S.A. § 3, whenever a vacancy occurs for a member position on the Public Utility Commission, the Governor shall submit at least five names of potential nominees to the Judicial Nominating Board for review. The Judicial Nominating Board shall submit to the Governor the names of candidates it deems well qualified. The Judicial Nominating Board shall submit to the Governor a summary of the qualifications and experience of each candidate whose name is submitted to the Governor, together with any further information relevant to the matter. Vacancies for the position of Chair of the Public Utility Commission shall follow the procedure set forth in section 602 of this title.
(b) A candidate for the position of member of the Public Utility Commission shall not be required to be an attorney; however, if the candidate is admitted to practice law in Vermont, the Judicial Nominating Board shall submit the candidate’s name to the Court Administrator, and he or she shall disclose to the Board information solely about professional disciplinary action taken or pending concerning the candidate. If a candidate is not admitted to practice law in Vermont, but practices a profession requiring licensure, certification, or other professional regulation by the State, the Judicial Nominating Board shall submit the candidate’s name to the State professional regulatory entity and that entity shall disclose to the Board any professional disciplinary action taken or pending concerning the candidate.
(c) A candidate shall possess the attributes provided in subsection 602(d) of this title. (Added 2015, No. 123 (Adj. Sess.), § 3, eff. May 23, 2016.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 15 - Judicial Nominations and Appointments › § 603. Appointment of Justices, judges, magistrates, Public Utility Commission Chair, and members

§ 603. Appointment of Justices, judges, magistrates, Public Utility Commission Chair, and members
Whenever the Governor appoints a Supreme Court Justice, a Superior Judge, a magistrate, the Chair of the Public Utility Commission, or a member of the Public Utility Commission, he or she shall select from the list of names of qualified persons submitted by the Judicial Nominating Board pursuant to law. The names of candidates submitted and not selected shall remain confidential. (Amended 1966, No. 64 (Sp. Sess.), § 3, eff. Jan. 1, 1967; 1967, No. 306 (Adj. Sess.), § 4; 1971, No. 161 (Adj. Sess.), § 3; 1973, No. 106, § 4, eff. May 25, 1973; 1975, No. 204 (Adj. Sess.), § 8; 1979, No. 181 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 34.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 15 - Judicial Nominations and Appointments › § 605. Political activity by judges prohibited

§ 605. Political activity by judges prohibited
Superior judges shall not make any contribution to or hold any office in a political party or organization or take part in any political campaign. (Amended 1966, No. 64 (Sp. Sess.), § 6, eff. Jan. 1, 1967; 1971, No. 161 (Adj. Sess.) § 5; 2009, No. 154 (Adj. Sess.), § 35.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 15 - Judicial Nominations and Appointments › § 607. Joint Committee on Judicial Retention; creation

§ 607. Joint Committee on Judicial Retention; creation
(a) There is created the Joint Committee on Judicial Retention composed of four members of the House of Representatives appointed by the Speaker of the House and four members of the Senate appointed by the Committee on Committees of the Senate. The appointments shall be made, if practicable, within seven days of the convening of each biennial session of the General Assembly.
(b) The Committee shall endeavor to hold its organizational meeting within seven days of its appointment and shall elect a chair from among its membership and adopt rules of procedure consistent with the rules of the Senate.
(c) The Committee may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations to, in addition to other duties, obtain information on the performance of a judge or Justice by soliciting comments from members of the Vermont Bar and the public. (Added 1975, No. 204 (Adj. Sess.), § 11; amended 1985, No. 98, § 6; 2013, No. 161 (Adj. Sess.), § 72; 2019, No. 144 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 15 - Judicial Nominations and Appointments › § 609. Judicial retirement

§ 609. Judicial retirement
(a) The Justices of the Supreme Court and judges of all subordinate courts shall be required to retire at the end of the calendar year in which they attain 90 years of age.
(b) This section shall not limit the Supreme Court’s power to establish procedures for taking appropriate action to remove or suspend or restrict the services of an individual Justice or judge of any age. (Added 2003, No. 49, § 1, eff. June 2, 2003.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 651. Clerks of courts

§ 651. Clerks of courts
The Court Administrator shall act as clerk of the Supreme Court as provided in section 8 of this title. The Court Administrator shall appoint a Superior Court clerk for each unit. The Court Administrator may appoint the same person to be clerk in more than one unit. With approval of the Court Administrator, the clerk shall hire office staff. The clerk shall have the powers and responsibilities formerly held by the clerk of the district court or the family court and may delegate specific powers and responsibilities to assigned staff. Unless so designated by the assistant judges of a specific county, with the approval of the Court Administrator, a Superior Court clerk shall not also serve as a county clerk. (Amended 1967, No. 174, § 3; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 37.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 657. Transcribing damaged records

§ 657. Transcribing damaged records
When records in the Office of the Superior Court Clerk become faded, defaced, torn, or otherwise injured, so as to endanger the permanent legibility or proper preservation of the same, the Court Administrator may direct the court clerk to provide suitable books and transcribe such records into the books provided. At the end of a transcript of record so made, the clerk shall certify under official signature and the seal of the court that the same is a true transcript of the original record. Such transcript or a duly certified copy of the transcript shall be entitled to the same faith and credit and have the same force as the original record. The expense of making such transcript shall be paid by the State. (Amended 1967, No. 174, § 8; 2009, No. 154 (Adj. Sess.), § 39; 2013, No. 67, § 5; 2021, No. 105 (Adj. Sess.), § 11, eff. July 1, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 659. Preservation of court records

§ 659. Preservation of court records
(a) The Supreme Court by administrative order may provide for permanent preservation of all court records by any photographic or electronic or comparable process in accordance with standards that shall be no less protective of the records than the standards established by the Vermont State Archives and Records Administration programs that take into account the quality and security of the records and ready access to the record of any cause so recorded.
(b) After preservation in accordance with subsection (a) of this section, the Supreme Court by administrative order may provide for the disposition of original court records by destruction or, in cases where the original court record may have historical or intrinsic value, by transfer to the archives of the Secretary of State. (Added 1975, No. 241 (Adj. Sess.), eff. April 7, 1976; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2009, No. 91 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 41; 2013, No. 67, § 6.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 691. Clerks and assistants; appointment; compensation

§ 691. Clerks and assistants; appointment; compensation
(a) The Superior Court clerk, with the approval of the Court Administrator, may hire and remove staff for the Superior Court subject to the terms of any applicable collective bargaining agreement. The clerks and staff shall be State employees and shall be entitled to all fringe benefits and compensation accorded classified State employees who are similarly situated, subject to any applicable statutory limits, unless covered by a collective bargaining agreement that sets forth the terms and conditions of employment negotiated pursuant to the provisions of 3 V.S.A. chapter 28.
(b) A staff person for the Superior Court may also serve as the county clerk if the Court Administrator approves of such service with the concurrence of the assistant judges. If a Superior Court staff person serves as county clerk pursuant to this subsection, the Court Administrator and the assistant judges shall enter into a memorandum of understanding with respect to the duties, work schedule, and compensation of the person serving.
(c) With respect to counties where the assistant judges have elected to offer passport processing services, the Court Administrator and the assistant judges shall enter into a memorandum of understanding providing for the acceptance and processing of U.S. passport applications. The memorandum may provide for performance of passport acceptance and processing duties by the court clerk, county clerk, a Superior Court staff person serving as county clerk pursuant to subsection (b) of this section, or any other court or county employee. (Amended 1967, No. 194, § 12, eff. March 1, 1968; 1969, No. 125, § 11; 1973, No. 106, § 5, eff. May 25, 1973; 1979, No. 181 (Adj. Sess.), § 12; 1997, No. 92 (Adj. Sess.), § 6; 2009, No. 154 (Adj. Sess.), § 42; 2011, No. 1, § 9, eff. Feb. 2, 2011; 2011, No. 1, § 9, eff. Feb. 2, 2011; 2021, No. 105 (Adj. Sess.), § 12, eff. July 1, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 692. Powers of clerk in absence of judge

§ 692. Powers of clerk in absence of judge
In the absence of the judge:
(1) the clerk may continue a cause;
(2) the clerk may set conditions of release in noncapital criminal cases prior to trial as provided by law or by rule promulgated by the Supreme Court. (Amended 1973, No. 118, § 1, eff. Oct. 1, 1973.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 732. Lost document or record

§ 732. Lost document or record
When a court document, record, or file in an action pending in court is lost, mislaid, or destroyed, the court may order a duplicate document, record, or file to be filed under such conditions as the court prescribes. A duplicate document or record shall have the same validity and may be used in evidence in the same manner as the original document, record, or file. (Amended 2013, No. 67, § 7.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 733. Preservation of attachment liens

§ 733. Preservation of attachment liens
When real or personal estate is attached on such writ, the plaintiff may procure from the clerk of the town in which the estate was attached a certified copy of the writ, complaint and officer’s return thereon, and cause the same to be filed in such court. The same proceedings shall thereupon be had, and the estate so attached held to respond to the judgment in the action, as though the original writ, complaint, and return were in court.
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 739. Record certified by successor in office

§ 739. Record certified by successor in office
When a recording officer has made a record but has omitted to make an official certificate thereof, any person subsequently holding the office may make such certificate. Such certificate shall be as valid as if made by the officer who made the record, but shall not affect any intervening right.
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 740. Court records; dockets; certified copies

§ 740. Court records; dockets; certified copies
The Supreme Court by administrative order or directive shall provide for the preparation, maintenance, recording, indexing, docketing, preservation, and storage of all court records and the provision, subject to confidentiality requirements of law or court rules, of certified copies of those records to persons requesting them. (Added 1989, No. 221 (Adj. Sess.), § 3, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 43; 2013, No. 67, § 8.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 17 - Clerks of Court; Court and Other Records and Accounts › § 741. Payment by credit card

§ 741. Payment by credit card
(a) [Repealed.]
(b) If any such card draft is not paid by the bank or other company or is charged back to the court or bureau, any record of payment made by the court or bureau honoring the card shall be void. The obligation of the person to pay the court costs, fee, penalty, surcharge, or fine shall continue as an outstanding obligation as if no payment had been made.
(c) Card account numbers, while in the possession of the court or bureau, are confidential. (Added 1997, No. 155 (Adj. Sess.), § 66d; amended 1999, No. 58, § 2; 2003, No. 61, § 4.)