What are Vermont Court Records?
Vermont, with around 643,816 people, is the 49th most populated state in the US, just behind Alaska. The state's judiciary comprises the Vermont Supreme Court, its appellate court, and the Vermont Superior Court, its trial court. The Superior Court is divided into 14 units, one for each of its counties. There are five divisions of the Superior Court: criminal, civil, family, probate, and environmental. Vermont's court system handles around 81,000 new cases every year.
The records of these cases are official documents, including hearings and trials, and they are usually public. However, the state does not permit online access to criminal, family, or probate case records. For any given case, Vermont court records usually start with a complaint in civil cases or an indictment in criminal cases, and usually contain the following information:
Case Files/Information
This refers to a collection of documents, including evidence, related to a particular legal case.
Dockets
This is a running account of all actors and the actions taken during a legal proceeding. It includes all documents submitted to the court in a numbered order, starting with the original complaints and ending with the final judge's order.
Judgments and Orders
Judgements refer to the court's decision, including who won and any applicable punishments, while court orders refer to the judge's ruling on a motion
Transcripts
These are records of precisely what was said and who said it, taken from an electronic recording of the proceedings or a real-time transcriber.
Evidence
This refers to significant facts and items, be it physical or electronic evidence, that either side may submit for a case.
Court Minutes
This refers to an extensive record of what happens during a trial, hearing, or any other legal action taken by the court clerk or a designated person. It acts as an official account of the events that unfold during the proceedings.
Pleadings
These are written documents filed in a court case by a lawyer. It is a formal submission of claims and defenses against the opposition's claims.
Briefs
These are written legal arguments presented to a court to help it decide on the legal issues involved in the case.
Types of Court Cases
Broadly speaking, court cases in Vermont are either classified as criminal or civil cases. While they both share a lot of similarities, the major difference between a criminal and civil case is that the former involves an individual being prosecuted by the government and might carry a jail term, while the latter involves just individuals often seeking compensation or a court order.
Civil Cases
Civil cases deal with disagreements between private citizens, regardless of their identities. Civil cases do not result in severe rights loss or imprisonment. Instead, they are intended to settle disputes over damages or provide the winner some sense of justice. Typically, penalties in civil cases may take the form of fines, stopping specific actions, or resolving the conflict's underlying issues.
A property judgment might, for instance, mandate that a neighbor remove an encroaching fence or pay to have it taken down.
Furthermore, civil attorneys have to prove their case using what is known as the "preponderance of evidence", which means that the winner is the one who the jury or judge finds to be the most credible. A unanimous decision is not necessary for a civil judgment.
In civil action, there is likewise no legal entitlement to legal counsel. In Vermont, there is no rule against pro se litigants (people representing themselves in court cases), but the system is not designed for such litigants.
In a small claims court, you may sue people or businesses for up to $10,000. In small claims lawsuits, the maximum amount of credit card debt and medical debt is $5,000.
Civil matters heard by Vermont courts include breach of contract, eviction, foreclosure, personal injury, land disputes, medical malpractice, and wrongful death cases.
Criminal Cases
A criminal case arises when a government agency is the plaintiff. The objective of such cases is to remove or rehabilitate lawbreakers from society and discourage further criminal activity.
Defendants in criminal cases are entitled to a trial by fellow jurors. The jury is selected by the court from a randomly selected group of district residents, and each juror is interrogated to eliminate bias. Defendants may choose a jury-free bench trial.
Vermont handles cases involving felonies, which are the most serious crimes, and misdemeanors, which are less serious. The judge in criminal court is in charge of granting or denying search and arrest warrants.
Unlike in civil cases, jurors in criminal trials must vote unanimously. This high standard is a result of the considerably greater possible penalties in a criminal case. Verdicts finding a prisoner guilty can result in jail time and heavy penalties, thus jurors need to be completely convinced that the defendant is "guilty beyond a reasonable doubt".
Criminal cases handled by Vermont include adult drug, juvenile drug, mental health, and driving-under-the-influence cases.
What Are the Different Courts in Vermont?
Vermont courts handle every kind of case, from small-scale property disputes to serious crimes like murder. Different courts may handle cases with different rules and processes to resolve disputes and maintain social order.
Vermont has a state supreme court and trial courts with both general and limited jurisdiction. They are divided into the following groups:
- Supreme Court
- Superior court (trial court)
Vermont Supreme Court
Located in Montpelier, the Vermont Supreme Court is the state's court of last resort and has five judgeships. It was founded in 1777. The current Chief Justice is Paul Reiber, appointed by Gov. Jim Douglas. It has four Associate Justice, who were appointed by Republican governors, James H. Douglas and Phil Scott.
The Vermont Supreme Court is responsible for the following:
- handles appeals from judgments rendered by state and local agencies and state courts.
- establishes procedural guidelines for cases involving the environment, criminal justice, families, probates, and appeals.
- oversees the court administrator's management of the state's court system.
- supervises the admission of lawyers to the bar.
- oversees the disciplinary actions taken against all lawyers and judges.
Vermont Superior Court
Vermont Superior Court has five divisions: family, probate, criminal, environmental, and civil. The chief superior court judge is in charge of assigning judges to divisions and units for a specific period, usually a year. Judges may be assigned to hear cases in one or more divisions, depending on the unit. Vermont also has a Judicial Bureau, which operates across the state.
Family Division
The family division handles all family-related legal disputes. This division also handles parentage, child support and custody, divorce, separation, and dissolution of civil unions. The court deals with cases of delinquent, abused, or neglected children, as well as domestic violence and mental illnesses cases.
Probate Division
The probate division handles cases such as adoptions; corrections to birth, death, and marriage records; emancipation; guardianship; authorization of nonresident clergy to perform marriages; and probate of estates, trusts, and wills.
Criminal Division
The criminal division uses guilty pleas, jury trials, and court trials to decide whether a person accused of a crime is guilty or innocent. It deals with both felonies and misdemeanors. The most serious cases from other divisions, like traffic infractions and fish and game, may be transferred to the criminal division. The division has specialty dockets and special treatment courts that handle cases related to adult and adolescent drug use, mental health, and DUI.
Environmental Division
The environmental division handles cases relating to environmental law throughout Vermont. The division is run by two environmental judges. Unless requested by the judge, the division does not conduct the majority of its early sessions in person - it does it over the phone. To reduce the distance that litigants have to travel, most courtroom hearings are held close to where the case began.
Civil Division
The Civil Division handles trial court cases like breach of contract, eviction, foreclosure, personal injury, land disputes, medical malpractice, and wrongful death. The Civil Division also hears appeals from the Probate Division. Anyone appearing in the Civil Division is expected to be conversant with both the Vermont Rules of Evidence and Vermont Rules of Civil Procedure.
How Many Federal Courts Are In Vermont?
Vermont has one federal court known as the U.S. District Court for the District of Vermont. Its courthouses are located in Burlington and Rutland. This court has a limited jurisdiction which is dictated by the United States Constitution and federal legislation. It serves as the foundation for all cases originating under treaties, federal statutes, or the Constitution.
The U.S. District Court for the District of Vermont has a Chief Judge, two United States District Judges, appointed by Presidents Bill Clinton and Barrack Obama, and a Magistrate Judge. These district court judges are in charge of running the court and overseeing its staff. As long as they exhibit "good behavior", they are eligible to serve another term, although Congress has the power to impeach and remove them.
Federal magistrate judges are tasked with certain district court duties. Judges in the district court appoint magistrates through a majority vote. These magistrate judges hold office for eight years if they work full-time or four years if they work part-time. However, magistrates may be reappointed once their term has expired.
The court handles trials within the federal court system – both civil and criminal. Decisions by the court are appealed in the U.S. Court of Appeals for the 2nd Circuit.
How Many Court Cases Are Filed Each Year in Vermont?
Vermont trial courts deal with over 81,000 new cases every year, and over 82,000 outgoing cases. The state recorded a 100 percent clearance rate.
- Domestic Relations Matters: Domestic relations cases number over 6.700 annually in Vermont
- Juvenile Matters: Each year, about 1,900 cases are heard in juvenile courts in the state.
- Traffic Matters: The state recorded 37,470 traffic-related cases
- Civil Matters: Each year, approximately 14,350 civil cases are filed in Vermont.
- Criminal Matters: The state receives about 19,200 criminal cases each year.
How Do I Look Up Court Cases in Vermont?
Court records in Vermont are maintained by the court where the case was filed. Case and docket information from federal appellate, district, and bankruptcy courts can be found on the Public Access to Court Electronic Records (PACER), an electronic public access service.
To make the most of your search, you need to be aware of some docket details and the court information for the case you are searching for. The case type, case number, ticket number for traffic violations, and the names of the parties (defendant, plaintiff, attorneys, or judge) can all be used as filters in the database.
To obtain copies of the case records, you must complete the Request for Access to Court Record form and mail it to the court where the case was filed. The completed form may be submitted by email, mail, or in-person delivery to the same court.
If you are submitting your request via email, make a follow-up call to the court a few days later to be sure they got it. Due to the sheer volume of emails they receive, some courts could take some time to respond to your message. Note that fees are attached to these requests. Copies can be purchased in person or by mail with a cheque or money order made payable to the Vermont Superior Court.
You can file an appeal with the court by completing and submitting a Notice of Appeal of Decision on Access to Court Records form if you have been refused access to a court record.
What Court Records Are Not Available to the Public in Vermont?
While many of Vermont's court records are available to the public, Vermont law does not permit public access through the Internet to criminal, family, or probate case records. However, criminal justice agencies may be allowed Internet access to criminal case records for criminal justice purposes.
This, however, does not mean that Vermont Courts are prohibited from providing electronic access to court schedules of the Superior Court or opinions of the Criminal Division of the Superior Court, or decisions, recordings of oral arguments, briefs, and printed cases of the Supreme Court.