VT Judicial Branch

Vermont  Judicial Branch

Summary

The Vermont courts are established in the Vermont Constitution in sections 28-41 (Judiciary Department). The justices of the Vermont Supreme Court and judges of all lower courts except assistant judges and probate judges serve for six-year terms, which are renewable following a majority retention vote in the Vermont General Assembly.

All Vermont Constitution provides for a mandatory retirement of Supreme Court justices and lower court judges at 90 years of age, as prescribed by law by the General Assembly, or if the General Assembly has not so provided by law at the age of 70 or at the end of the term of election during which they attain the age of 70. The constitution also provides that justices and judges be given a pension as provided by law and that the chief justice “may from time to time appoint retired justices and judges to special assignments as permitted under the rules of the Supreme Court.”

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    The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law.

    Vermont Constitution

    The Vermont courts are established in the Vermont Constitution in sections 28-41 (Judiciary Department). The justices of the Vermont Supreme Court and judges of all lower courts except assistant judges and probate judges serve for six-year terms, which are renewable following a majority retention vote in the Vermont General Assembly.

    All Vermont Constitution provides for a mandatory retirement of Supreme Court justices and lower court judges at 90 years of age, as prescribed by law by the General Assembly, or if the General Assembly has not so provided by law at the age of 70 or at the end of the term of election during which they attain the age of 70. The constitution also provides that justices and judges be given a pension as provided by law and that the chief justice "may from time to time appoint retired justices and judges to special assignments as permitted under the rules of the Supreme Court."

    Supreme Court

    The Vermont Supreme Court is the state supreme court, based in the state capital of Montpelier. Because Vermont has no intermediate appellate courts, it is the sole state appellate court, mainly hearing appeals on questions of law from lower courts, although there are a few instances in which the Court has original jurisdiction. The Supreme Court also is responsible for administration of the Vermont court system; it makes state court procedural rules.

    The Supreme Court is established in the Vermont Constitution which provides in section 29 that the court shall consist of a chief justice and four associate justices and in section 30 that:

    The Supreme Court shall exercise appellate jurisdiction in all cases, criminal and civil, under such terms and conditions as it shall specify in rules not inconsistent with law. The Supreme Court shall have original jurisdiction only as provided by law, but it shall have the power to issue all writs necessary or appropriate in aid of its appellate jurisdiction. The Supreme Court shall have administrative control of all the courts of the state, and disciplinary authority concerning all judicial officers and attorneys at law in the State.

    As of 2023, the chief justice was paid $201,150 and the associate justices were paid $191,977 annually.[1]

    Superior Court

    The state constitution provides for the creation of lower courts that may have original and appellate jurisdiction and be divided into geographical and functional divisions, "as provided by law or by judicial rules adopted by the Supreme Court not inconsistent with law." The state constitution also provides that state courts may act as both courts of law and courts of equity.

    History

    Prior to 2010, the state court system consisted of a number of courts, each exercising jurisdiction in one of the fourteen Vermont counties.

    In 2010 the court system was integrated. The criminal, civil, family and environmental courts became part of a new Superior Court. The Probate Court was merged with the family court in February 2011 and all applicable county employees became state employees.[2]

    Present Superior Court

    The Superior Court is the current statewide trial level court of Vermont and consists of forty judges. It sits in each of the fourteen counties and consists of five divisions. The civil, criminal, family, and probate divisions sit in each county, while the environmental division exercises statewide jurisdiction. The Chief Judge of the Superior Court is responsible for assigning judges to sit in specific divisions and counties, usually for a period of one year beginning in September. In larger jurisdictions, such as Chittenden County, judges may hear cases in only one division, while judges assigned to smaller counties may sit in multiple divisions.[3] Judges are not required to reside in the county that they sit in and many commute to their assigned courthouse from their hometowns.[4]

    Environmental Division

    The Environmental Division is a specialized court dealing with environmental law. The Court hears appeals from municipal boards and commissions and appeals from Act 250 decisions as well as cases from the Agency of Natural Resources, Natural Resource Board, and municipal enforcement. There are two Environmental Court judges on the court, which hear cases from across the state.

    Current Superior Court Judges

    As of November 2025
    NameDate of AppointmentTerm EndsAppointed by:Law School
    Thomas Zonay2007-03-01

    2021 (as Chief Judge)

    2031DouglasVermont
    Cortland Corsones2007-03-012029DouglasCornell
    Timothy Tomasi2010-12-302031DouglasColumbia
    Alison Arms2011-08-182029ShumlinDenver
    Thomas Walsh2011-12-12

    (Environmental Division)

    2026ShumlinVermont
    Kevin Griffin2013-01-042031ShumlinNew England Law
    John Valente2015-09-042026ShumlinSuffolk
    Kristen Schoonover2015-09-102029ShumlinSan Francisco
    Michael Kainen2016-01-122029ShumlinVermont
    Mary Morrissey2016-02-052029ShumlinNew Hampshire
    Michael Harris2016-03-112026ShumlinWisconsin
    John Pacht2016-04-012028ShumlinHofstra
    David Fenster2016-12-282028ShumlinYeshiva
    Elizabeth Mann2016-12-282031ShumlinVermont
    John Treadwill2017-11-112030ScottWisconsin
    David Barra2018-02-212026ScottGeorgetown
    Megan Shafritz2018-03-212031ScottPennsylvania
    Lisa Warren2019-10-252030ScottNone/Clerkship
    Kerry McDonald-Cady2019-10-302028ScottVermont
    Howard Kalfus2021-06-232031ScottSuffolk
    Heather Gray2022-01-032027ScottNone/Clerkship
    Elizabeth Novotny2022-01-032027ScottSuffolk
    Justin Jiron2022-01-032029ScottAlbany
    Daniel Richardson2022-04-262027ScottVermont
    Jennifer Barrett2022-09-232027ScottNew Hampshire
    Robert Katims2023-04-142028ScottVermont
    H. Dickson Corbett2023-04-142031ScottVermont
    Rory Thibault2023-06-092029ScottVermont
    Alexander Burke2023-11-172029ScottAmerican
    Susan McManus2023-11-172029ScottVermont
    Benjamin Battles2023-12-122026ScottBrooklyn
    Rachel Malone2023-12-122026ScottGeorgetown
    Navah Spero2023-12-212029ScottGeorge Washington
    Kate Gallagher2024-03-012029ScottGeorge Washington
    Joseph McLean2024-07-29

    (Environmental Division)

    2028ScottVermont
    Laura Rowntree2024-12-202028ScottFordham
    Dana DiSano2024-12-202030ScottFlorida
    Bonnie Badgewick2025-01-062030ScottSuffolk
    Timothy Doherty2025-01-072030ScottYale
    Vacant2031

    Vacancies and Pending Nominations

    VacatorReasonVacancy DateNomineeNomination DateNominee Law School
    Samuel HoarTerm Expired2025-03-31Colin Owyang2025-09-29Michigan

    Probate courts

    Probate Courts deal with probate, wills and testamentary trusts, adoptions, guardianship, emancipation of minors, uniform gifts to minors, and name changes. There are 18 Probate Court judges, elected for four-year terms; Probate Court judges need not be attorneys. The clerk of the probate court is appointed. A typical salary for the judge is $51,542.40. A typical salary for the clerk is $30,721.60.

    Vermont Judicial Bureau

    The Vermont Judicial Bureau is a specialized court with subject matter jurisdiction over civil violations of Vermont law and municipal ordinances.[5] The Judicial Bureau operates under the supervision of the Vermont Supreme Court. Appeals from the Judicial Bureau are heard by the Criminal Division of the Vermont Superior Court. Appeals filed by the State are heard on the record. Appeals filed by a defendant may be on the record, de novo by judge, or de novo by jury at the option of the defendant.[6] The Judicial Bureau operates under the Vermont Rules of Civil Procedure, in particular V.R.C.P. 80.6.

    Civil violations include an array of decriminalized conduct involving operation of motor vehicles (traffic), hunting/fishing/trapping, possession of alcohol/tobacco/marijuana, hazing, lead paint abatement, unreasonable noise, animal cruelty, etc. Police officers, municipal officials designated by the legislative body of a municipality, county state's attorneys, the state attorney general, and certain other state executive branch officials have authority to prosecute civil violations. Defendants typically conduct their own defense, but may hire attorney at their own expense.

    Pre-trial motions and discovery are not allowed, unless permission has been granted by a judicial officer. At the merits hearing, both parties may call witnesses and offer exhibits. Witnesses may be compelled to appear by subpoena. The burden of proof is on the State or municipality to prove the alleged violation by clear and convincing evidence, meaning the truth of the facts asserted is highly probable. This burden is higher than the ordinary civil burden of proof by a preponderance of the evidence, but lower than the criminal burden of proof beyond a reasonable doubt. If the State or municipality meets its burden of proof, the assessed penalties may include a fine, demerit points or suspension of a driver license or fish & wildlife license, and community service.

    Merits hearings and motion hearings are conducted throughout the State by various judicial officers, including a statewide Chief Hearing Officer, a statewide Hearing Officer, and several county Assistant Judges. Contempt hearings are conducted by Hearing Officers. Hearing Officers also sit in the Vermont Superior Court by special assignment. Hearing Officers are members of the Vermont Bar appointed by the Chief Superior Court Judge. Assistant Judges are citizens elected in their respective county of residence. The Judicial Bureau has one Clerk. The Clerk supervises the Court Operations Manager and a statewide administrative staff at the courthouse in White River Junction.

    Budget

    The judiciary system budget was approximately $30 million in 2009.[7]

    See also

    Notes

    1. ^ "Vermont Laws". legislature.vermont.gov. Retrieved October 22, 2024.
    2. ^ Remsen, Nancy (July 1, 2010). "Share the road. It's thee law". Burlington, Vermont: Burlington Free Press. pp. 1A, 54A.
    3. ^ "Judicial Assignments | Vermont Judiciary". www.vermontjudiciary.org. Retrieved November 23, 2025.
    4. ^ Banner, Michael Albans, Bennington (August 22, 2022). "Changing of the (legal) guard". Manchester Journal. Retrieved November 23, 2025.{{cite web}}: CS1 maint: multiple names: authors list (link)
    5. ^ Vermont Judicial Bureau Archived 2014-12-05 at the Wayback Machine
    6. ^ 4 V.S.A. § 1101, et seq.
    7. ^ Keenan, Dan (March 24, 2010). "Letter to the editor:Budget cuts in the Vermont judiciary system could be penny wise and pound foolish". Barton, Vermont: the Chronicle. p. 4.

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