Title 04, Title 04: Judiciary

§ 954. Deposit of list Prior to the first day of July in each biennial year, the clerk shall prepare and file a current master list of jurors and certify its completion and filing to the Court Administrator. The current master lists shall contain the number of names necessary ade…

§ 955. Questionnaire The clerk shall send a jury questionnaire prepared by the Court Administrator to each person selected. When returned, it shall be retained in the Office of the Superior Court Clerk. Pursuant to section 952 of this title, the Court Administrator shall promulga…

§ 956. Contents of list Names may be added or dropped from the jury list in accordance with rules issued by the Court Administrator under section 952 of this title. (Added 1967, No. 284 (Adj. Sess.), § 1.)

§ 957. Drawing and summoning jurors The manner of drawing and summoning jurors from the lists provided shall be in accordance with the rules of the court in which they are called to serve and all applicable statutes, including section 952 of this title, requiring that the panel s…

§ 958. Nonappearance; penalty A juror who does not appear after being summoned, and does not submit an excuse satisfactory to the court in which the juror was summoned to appear, shall be assessed a civil penalty by the presiding judge of not more than $200.00. The prospective ju…

§ 959. Grand jurors; venire The clerk, as directed by the judges of each Superior Court, shall summon 18 judicious persons within the unit to appear at any stated or special term of that court to serve as grand jurors of the unit. The clerk of the court shall issue a venire accor…

§ 961. Failure to return form; misrepresentation; penalties (a) Any person who fails to return a completed questionnaire within 14 days of its receipt may be summoned by the Superior Court clerk to appear forthwith before the clerk to fill out a jury questionnaire. Any person so …

§ 962. Qualifications; excuse from service (a) A person shall be qualified for jury service if the person: (1) is a citizen of the United States who has attained the age of majority; (2) resides within the geographical jurisdiction of the court in which called to serve; (3) is ab…

§ 963. Term of service A person summoned to petit jury service shall not appear before the court for jury selection more than three times in any two-year period of time and shall be required to appear at the courthouse to serve as a juror on the date of trial no more than three t…

§ 1001. Environmental Division (a) The Environmental Division shall consist of two judges, each sitting alone. (b) Two Environmental judges shall be appointed to hear matters in the Environmental Division and to hear other matters in the Superior Court when so assigned by the Chi…

§ 1002. Conduct of hearings Hearings before the Environmental Division shall be conducted in an impartial manner subject to rules of the Supreme Court providing for a summary, expedited proceeding. (Added 1989, No. 98, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15,…

§ 1003. Evidence (a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The Vermont Rules of Evidence shall be followed, except that evidence not admissible under the Rules of Evidence may be admitted if it is of a type commonly relied upon by reasonably pr…

§ 1004. Access to information (a) In connection with any proceedings under 10 V.S.A. chapter 201, each party shall provide all other parties with all written statements and information in the possession, custody, or control of the party relative to the violation, including any te…

§ 1102. Judicial Bureau; jurisdiction (a) The Judicial Bureau is created within the Judicial Branch under the supervision of the Supreme Court. (b) The Judicial Bureau shall have jurisdiction of the following matters: (1) Traffic violations alleged to have been committed on or af…

§ 1103. Venue Venue for violation hearings in the Judicial Bureau shall be in the unit of the Superior Court where the violation is alleged to have occurred. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 54.)

§ 1104. Appointment of hearing officers The Chief Superior Judge shall appoint members of the Vermont Bar to serve as hearing officers to hear cases. Hearing officers shall be subject to the Code of Judicial Conduct. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 154 (…

§ 1105. Answer to complaint; default (a) A violation shall be charged upon a summons and complaint form approved and distributed by the Court Administrator. The complaint shall be signed by the issuing officer or by the State’s Attorney. The original shall be filed with the Judic…

§ 1106. Hearing (a) The Bureau shall notify the person charged and the issuing officer of the time and place for the hearing. (b) The hearing shall be held before a hearing officer and conducted in an impartial manner. The hearing officer may, by subpoena, compel the attendance a…

§ 1107. Appeals (a) A decision of the hearing officer may be appealed to the Criminal Division of the Superior Court. The proceeding before the Criminal Division of the Superior Court shall be on the record or, at the option of the defendant, de novo. The defendant shall have the…

§ 1108. Judicial Bureau violations; jurisdiction of assistant judges (a) Subject to the limits of this section and notwithstanding any provision of law to the contrary, an assistant judge sitting alone shall have the same jurisdiction, powers, and duties to hear and decide matter…

§ 1109. Remedies for failure to pay; contempt (a) Definitions. As used in this section: (1) “Amount due” means all financial assessments contained in a Judicial Bureau judgment, including penalties, fines, surcharges, court costs, and any other assessment authorized by law. (2) “…

§ 1110. Licenses or governmental contracts (a) As used in this section, “license” means any license, certification, or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation, or a license required to engage in r…

§ 1111. Civil violation; failure to produce identification (a) A law enforcement officer is authorized to detain a person if: (1) the officer has reasonable grounds to believe the person has committed a civil violation of Title 7, 10, 13, 18, or 23; and (2) the person refuses to …