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H.481

Introduced by   Representatives Peaslee of Guildhall, Bostic of St. Johnsbury, Endres of Milton, Hudson of Lyndon, Johnson of Canaan, Larocque of Barnet, Lawrence of Lyndon, Otterman of Topsham and Shaw of Derby

Referred to Committee on

Date:

Subject:  Judiciary; assistant judges; conflicts

Statement of purpose:  This bill proposes to permit the administrative judge to assign assistant judges from other counties to hear civil ordinance and traffic violation cases where the local assistant judge has a conflict of interest.  The bill also permits such assignments for small claims cases in Essex, Caledonia, and Orleans counties.

AN ACT RELATING TO SUBSTITUTION OF ASSISTANT JUDGES IN CONFLICT CASES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  24 V.S.A. § 140 is added to read:

§ 140.  ASSISTANT JUDGE ASSIGNMENT; CONFLICT OF INTEREST

(a)  When an assistant judge is unable to hear a civil ordinance or traffic violation case because of a conflict of interest, the administrative judge may assign an assistant judge from another county to hear and decide the case.  An assistant judge assigned under this subsection shall have completed the educational and training requirements of section 139 of this title and shall have elected to hear and decide civil ordinance and traffic violations under section 1104 of Title 4.

(b)  When an assistant judge in Essex, Caledonia, or Orleans County is unable to hear a small claims case because of a conflict of interest, the administrative judge may assign another assistant judge from Essex, Caledonia, or Orleans County to hear and decide the case.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us