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.
- Superior Courts: exercised exclusive jurisdiction over most civil cases, including torts and lawsuits over small claims of $5000 or less. Superior courts also reviewed decisions of lower courts and appeals to administrative agency decisions. Three judges, a presiding judge and two assistant judges sat on each Superior Court. The assistant judges (or side judges) are elected county officials, who sat with the judge in certain cases and are responsible for non-judicial county affairs as well, an unusual system unique to Vermont.
- District Courts: heard almost all criminal cases and a few civil cases, including civil suspension of driver's licenses and fish and wildlife, traffic ticket, and municipal ordinance violations. There were seventeen District Court judges: one in each county except for Chittenden County (the most populous in the state), which had six.
- Family Courts: heard family law matters, including marriage (divorce, annulment, desertion, and separation); child support; parentage; domestic violence and orders of protection for domestic abuse victims; juveniles (delinquency, abuse and neglect) and commitments to the Vermont State Hospital, the state psychiatric hospital.
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
| Name | Date of Appointment | Term Ends | Appointed by: | Law School |
|---|---|---|---|---|
| Thomas Zonay | 2007-03-01 2021 (as Chief Judge) | 2031 | Douglas | Vermont |
| Cortland Corsones | 2007-03-01 | 2029 | Douglas | Cornell |
| Timothy Tomasi | 2010-12-30 | 2031 | Douglas | Columbia |
| Alison Arms | 2011-08-18 | 2029 | Shumlin | Denver |
| Thomas Walsh | 2011-12-12 (Environmental Division) | 2026 | Shumlin | Vermont |
| Kevin Griffin | 2013-01-04 | 2031 | Shumlin | New England Law |
| John Valente | 2015-09-04 | 2026 | Shumlin | Suffolk |
| Kristen Schoonover | 2015-09-10 | 2029 | Shumlin | San Francisco |
| Michael Kainen | 2016-01-12 | 2029 | Shumlin | Vermont |
| Mary Morrissey | 2016-02-05 | 2029 | Shumlin | New Hampshire |
| Michael Harris | 2016-03-11 | 2026 | Shumlin | Wisconsin |
| John Pacht | 2016-04-01 | 2028 | Shumlin | Hofstra |
| David Fenster | 2016-12-28 | 2028 | Shumlin | Yeshiva |
| Elizabeth Mann | 2016-12-28 | 2031 | Shumlin | Vermont |
| John Treadwill | 2017-11-11 | 2030 | Scott | Wisconsin |
| David Barra | 2018-02-21 | 2026 | Scott | Georgetown |
| Megan Shafritz | 2018-03-21 | 2031 | Scott | Pennsylvania |
| Lisa Warren | 2019-10-25 | 2030 | Scott | None/Clerkship |
| Kerry McDonald-Cady | 2019-10-30 | 2028 | Scott | Vermont |
| Howard Kalfus | 2021-06-23 | 2031 | Scott | Suffolk |
| Heather Gray | 2022-01-03 | 2027 | Scott | None/Clerkship |
| Elizabeth Novotny | 2022-01-03 | 2027 | Scott | Suffolk |
| Justin Jiron | 2022-01-03 | 2029 | Scott | Albany |
| Daniel Richardson | 2022-04-26 | 2027 | Scott | Vermont |
| Jennifer Barrett | 2022-09-23 | 2027 | Scott | New Hampshire |
| Robert Katims | 2023-04-14 | 2028 | Scott | Vermont |
| H. Dickson Corbett | 2023-04-14 | 2031 | Scott | Vermont |
| Rory Thibault | 2023-06-09 | 2029 | Scott | Vermont |
| Alexander Burke | 2023-11-17 | 2029 | Scott | American |
| Susan McManus | 2023-11-17 | 2029 | Scott | Vermont |
| Benjamin Battles | 2023-12-12 | 2026 | Scott | Brooklyn |
| Rachel Malone | 2023-12-12 | 2026 | Scott | Georgetown |
| Navah Spero | 2023-12-21 | 2029 | Scott | George Washington |
| Kate Gallagher | 2024-03-01 | 2029 | Scott | George Washington |
| Joseph McLean | 2024-07-29 (Environmental Division) | 2028 | Scott | Vermont |
| Laura Rowntree | 2024-12-20 | 2028 | Scott | Fordham |
| Dana DiSano | 2024-12-20 | 2030 | Scott | Florida |
| Bonnie Badgewick | 2025-01-06 | 2030 | Scott | Suffolk |
| Timothy Doherty | 2025-01-07 | 2030 | Scott | Yale |
| Vacant | 2031 |
Vacancies and Pending Nominations
| Vacator | Reason | Vacancy Date | Nominee | Nomination Date | Nominee Law School |
|---|---|---|---|---|---|
| Samuel Hoar | Term Expired | 2025-03-31 | Colin Owyang | 2025-09-29 | Michigan |
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
- ^ "Vermont Laws". legislature.vermont.gov. Retrieved October 22, 2024.
- ^ Remsen, Nancy (July 1, 2010). "Share the road. It's thee law". Burlington, Vermont: Burlington Free Press. pp. 1A, 54A.
- ^ "Judicial Assignments | Vermont Judiciary". www.vermontjudiciary.org. Retrieved November 23, 2025.
- ^ 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) - ^ Vermont Judicial Bureau Archived 2014-12-05 at the Wayback Machine
- ^ 4 V.S.A. § 1101, et seq.
- ^ 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.

