The Vermont Statutes Online

Title 4: Judiciary

Chapter 17: CLERKS OF COURT; COURT AND OTHER RECORDS AND ACCOUNTS

 

Sub-Chapter 1: Supreme Court And Superior Court

§ 651. Clerks of courts

The court administrator shall act as clerk of the supreme court as provided in section 8 of this title. The court administrator shall appoint a superior court clerk for each unit. The court administrator may appoint the same person to be clerk in more than one unit. With approval of the court administrator, the clerk shall hire office staff. The clerk shall have the powers and responsibilities formerly held by the clerk of the district court or the family court and may delegate specific powers and responsibilities to assigned staff. Unless so designated by the assistant judges of a specific county, with the approval of the court administrator, a superior court clerk shall not also serve as a county clerk. (Amended 1967, No. 174, § 3; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 37.)

§ 651a. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

§ 652. Repealed. 2013, No. 67, § 15.

§§ 653Repealed. 1969, No. 27, § 2.

§ 654. Repealed. 1977, No. 235 (Adj. Sess.), § 10.

§§ 655, 656. Repealed. 2013, No. 67, § 15.

§ 657. Transcribing damaged records

When records in the Office of the Superior Court Clerk become faded, defaced, torn, or otherwise injured, so as to endanger the permanent legibility or proper preservation of the same, the Court Administrator may direct the Court Clerk to provide suitable books and transcribe such records therein. At the end of a transcript of record so made, the Clerk shall certify under official signature and the seal of the Court that the same is a true transcript of the original record. Such transcript or a duly certified copy thereof shall be entitled to the same faith and credit and have the same force as the original record. The expense of making such transcript shall be paid by the State. (Amended 1967, No. 174, § 8; 2009, No. 154 (Adj. Sess.), § 39; 2013, No. 67, § 5.)

§ 658. Repealed. 2013, No. 67, § 15.

§ 659. Preservation of court records

(a) The Supreme Court by administrative order may provide for permanent preservation of all court records by any photographic or electronic or comparable process in accordance with standards that shall be no less protective of the records than the standards established by the State Archives and Records Administration programs that take into account the quality and security of the records, and ready access to the record of any cause so recorded.

(b) After preservation in accordance with subsection (a) of this section, the Supreme Court by administrative order may provide for the disposition of original court records by destruction or in cases where the original court record may have historical or intrinsic value by transfer to the archives of the Secretary of State. (Added 1975, No. 241 (Adj. Sess.), eff. April 7, 1976; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2009, No. 91 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 41; 2013, No. 67, § 6.)

 

Sub-Chapter 2: District Court

§ 691. Clerks and assistants; appointment; compensation

(a) The superior court clerk, with the approval of the court administrator, may hire and remove staff for the superior court subject to the terms of any applicable collective bargaining agreement. The clerks and staff shall be state employees and shall be entitled to all fringe benefits and compensation accorded classified state employees who are similarly situated, subject to any applicable statutory limits, unless covered by a collective bargaining agreement that sets forth the terms and conditions of employment negotiated pursuant to the provisions of chapter 28 of Title 3.

(b) A staff person for the superior court may also serve as the county clerk if the court administrator approves of such service with the concurrence of the assistant judges. If a superior court staff person serves as county clerk pursuant to this subsection, the court administrator and the assistant judges shall enter into a memorandum of understanding with respect to the duties, work schedule, and compensation of the person serving.

(c) With respect to counties where the assistant judges have elected to offer passport processing services, the court administrator and the assistant judges shall enter into a memorandum of understanding providing for the acceptance and processing of United States passport applications. The memorandum may provide for performance of passport acceptance and processing duties by the court clerk, county clerk, a superior court staff person serving as county clerk pursuant to subsection (b) of this section, or any other court or county employee. (Amended 1967, No. 194, § 12, eff. March 1, 1968; 1969, No. 125, § 11; 1973, No. 106, § 5, eff. May 25, 1973; 1979, No. 181 (Adj. Sess.), § 12; 1997, No. 92 (Adj. Sess.), § 6; 2009, No. 154 (Adj. Sess.), § 42; 2011, No. 1, § 9, eff. Feb. 2, 2011; 2011, No. 1, § 9, eff. Feb. 2, 2011.)

§ 692. Powers of clerk in absence of judge

In the absence of the judge:

(1) The clerk may continue a cause;

(2) The clerk may set conditions of release in noncapital criminal cases prior to trial as provided by law or by rule promulgated by the supreme court. (Amended 1973, No. 118, § 1, eff. Oct. 1, 1973.)

§§ 693, 694. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

§ 695. Repealed. 2013, No. 67, § 15.

 

Sub-Chapter 3: Court Records Generally

§ 731. English language

Writs, processes, complaints, informations, indictments, pleas, answers, and entries in the courts, except technical terms, shall be in the English language.

§ 732. Lost document or record

When a court document, record, or file in an action pending in court is lost, mislaid, or destroyed, the court may order a duplicate document, record, or file to be filed under such conditions as the court prescribes. A duplicate document or record shall have the same validity and may be used in evidence in the same manner as the original document, record, or file. (Amended 2013, No. 67, § 7.)

§ 733. Preservation of attachment liens

When real or personal estate is attached on such writ, the plaintiff may procure from the clerk of the town in which the estate was attached a certified copy of the writ, complaint and officer's return thereon, and cause the same to be filed in such court. The same proceedings shall thereupon be had, and the estate so attached held to respond to the judgment in the action, as though the original writ, complaint, and return were in court.

§§ 734-738. Repealed. 2013, No. 67, § 15.

§ 739. Record certified by successor in office

When a recording officer has made a record but has omitted to make an official certificate thereof, any person subsequently holding the office may make such certificate. Such certificate shall be as valid as if made by the officer who made the record, but shall not affect any intervening right.

§ 740. Court records; dockets; certified copies

The Supreme Court by administrative order or directive shall provide for the preparation, maintenance, recording, indexing, docketing, preservation, and storage of all court records and the provision, subject to confidentiality requirements of law or court rules, of certified copies of those records to persons requesting them. (Added 1989, No. 221 (Adj. Sess.), § 3, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 43; 2013, No. 67, § 8.)

 

Sub-Chapter 4: Payment By Credit Card

§ 741. Payment by credit card

(a) [Repealed.]

(b) If any such card draft is not paid by the bank or other company or is charged back to the court or bureau, any record of payment made by the court or bureau honoring the card shall be void. The obligation of the person to pay the court costs, fee, penalty, surcharge, or fine shall continue as an outstanding obligation as if no payment had been made.

(c) Card account numbers, while in the possession of the court or bureau, are confidential. (Added 1997, No. 155 (Adj. Sess.), § 66d; amended 1999, No. 58, § 2; 2003, No. 61, § 4.)