2005 Vermont Code - § 5540. — Jurisdiction over small claims; assistant judges; Essex, Caledonia, Rutland, and Bennington counties

§ 5540. Jurisdiction over small claims; assistant judges; Essex, Caledonia, Rutland, and Bennington counties

(a) Subject to the limitations in this section and notwithstanding any provision of law to the contrary, assistant judges of Essex, Caledonia, Rutland, and Bennington counties sitting alone, may elect to hear and decide small claims actions filed under this chapter with the Essex, Caledonia, Rutland, and Bennington superior courts.

(b) With the exception of the assistant judges that were authorized to preside in small claims matters prior to the effective date of this act or July 1, 1998, whichever is later, an assistant judge hearing cases under this section shall have completed at least 60 hours of relevant training and observed 20 hours of small claims hearings in accordance with the protocol for said training and observation which shall be established by a majority of the assistant judges of the state, which may include attendance at colleges or classes available in various locations in and outside the state to lay judges. Training shall be paid for on a per capita basis of those judges electing to take the training by the county, which expenditure is hereby authorized. Law clerk assistance available to superior court judges shall be available to the assistant judges.

(c) A decision of an assistant judge shall be entered as a small claims judgment and may be appealed pursuant to section 5538 of this title. The appeal shall be decided by the presiding judge.

(d) An assistant judge who elects to hear and decide small claims cases or who elects to cease hearing these matters shall cause the superior court clerk to notify the court administrator and the Essex, Caledonia, Rutland, and Bennington superior court clerks of the judge's decision. Upon receipt of notification that an assistant judge elects to hear these matters, and every small claims case which requires a hearing shall be set for hearing before an assistant judge in the superior court in the county. If the assistant judge is unavailable due to illness, disability or disqualification, the administrative judge pursuant to section 22 of Title 4 may assign a judge, or appoint and assign a member of the Vermont bar to serve temporarily as an acting judge, to hear small claims cases in the county where the cause of action was filed. No action filed or pending shall be heard at or transferred to any other location unless agreed to by the parties. If both assistant judges of the county elect to hear these matters, the senior assistant judge shall make the assignment of cases to be heard by each assistant judge. The assistant judges, once qualified to preside in these matters, shall work with the court administrator's office and the administrative judge such that the scheduling of small claims cases before the assistant judges are at such times as to permit adequate current court personnel to be available when these cases are to be heard. (Added 1993, No. 237 (Adj. Sess.), § 9, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 31; 2005, No. 167 (Adj. Sess.), § 7, eff. May 20, 2006.)