Introduced by Senator Canns of Caledonia District, Senator Illuzzi of Essex-Orleans District, Senator Kitchel of Caledonia District and Senator Starr of Essex-Orleans District
Subject: Judiciary; assistant judges; assignments
Statement of purpose: This bill proposes to expand the jurisdiction of Caledonia County assistant judges regarding child support proceedings, parentage proceedings, and civil ordinance and traffic violations.
AN ACT RELATING TO JURISDICTION OF ASSISTANT JUDGES IN CALEDONIA COUNTY
It is hereby enacted by the General Assembly of Vermont:
Sec. 1. 4 V.S.A. § 461a is amended to read:
ESSEX COUNTY ; POWERS
OF ASSISTANT JUDGES AND
MAGISTRATES IN FAMILY COURT PROCEEDINGS IN ESSEX
COUNTY AND CALEDONIA COUNTY
any other provision of law to the contrary, an assistant judge of Essex County or
Caledonia County who has satisfactorily completed the training provided by
the Vermont supreme court pursuant to Sec. 20 of Act No. 221 of the 1990
adjourned session, or a similar course of training that has been approved by
the supreme court, shall act as a magistrate and hear and dispose of
proceedings for the establishment, modification and enforcement of child
support in all cases filed or pending in
Essex County the judge’s
administrative judge may appoint and may specially assign
the a magistrate
assigned to Essex County or Caledonia County to
serve as the presiding family court judge in Essex County the
judge’s respective county. The magistrate assigned shall not hear and
dispose of proceedings assigned to the assistant judges in subsection (a) of
this section, unless authorized by section 463 of this title.
Vermont family court action filed or pending in Essex County or Caledonia
County, except for temporary abuse prevention orders that are sought as
emergency relief pursuant to
V.R.F.P. 9(c) Rule 9 (c) of the Vermont
Rules for Family Proceedings after regular court hours, shall be heard at or
transferred to any other location, except Guildhall for Essex County cases.
Sec. 2. 4 V.S.A. § 461b is amended to read:
§ 461b. POWERS OF ASSISTANT
IN ESSEX AND ORLEANS COUNTIES
IN PARENTAGE PROCEEDINGS IN ESSEX,
ORLEANS, AND CALEDONIA COUNTIES
any other provision of law to the contrary, an assistant judge in Essex
Orleans, or Caledonia county may elect to hear and determine a complaint
or action to establish parentage and support as provided in section 462 of this
(b) When an assistant judge elects to hear such a case, the clerk shall set it for hearing before the assistant judge. In the event both assistant judges elect to hear such cases, the senior assistant judge shall make case assignments.
(c) Hearings under this section shall be held within 30 days of the filing of the petition under section 293 of Title 15.
(d) Assistant judges shall satisfactorily complete a minimum of 30 hours of training on the subjects of child support and divorce, which shall be provided by the office of child support, in order to hear and determine complaints under this section.
Sec. 3. 4 V.S.A. § 1108 is amended to read:
§ 1108. CIVIL ORDINANCES AND TRAFFIC VIOLATIONS;
JURISDICTION OF ASSISTANT JUDGES IN ESSEX COUNTY
AND CALEDONIA COUNTY
(a) Subject to the limits of this section and notwithstanding any provision of law to the contrary, an assistant judge of Essex County or Caledonia County sitting alone shall have the same jurisdiction, powers and duties to hear and decide civil ordinance and traffic violations as a hearing officer has under the provisions of this chapter.
* * *
ordinance and traffic violations that are heard by an assistant judge in Essex County or Caledonia County shall
be heard in
Essex County the
judge’s respective county and shall not be heard at or transferred to any
The Vermont General Assembly
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