Vermont Supreme Court Decisions
Dating from 1777, the Vermont Supreme Court holds the authority to make final decisions in appeals arising from any case in a Vermont court. The Supreme Court also supervises the legal profession in the state, including disciplinary matters for judges and attorneys. It issues rules of procedure for civil, criminal, and family cases, as well as the appellate process. Five justices serve on the Supreme Court, which was ranked as the seventh-most liberal state supreme court in the U.S. in a Stanford University study in 2012.
To serve on the Vermont Supreme Court, a prospective justice must have practiced law in Vermont for more than five of the last 10 years. Vermont imposes a mandatory retirement age of 70 on its justices, so no candidate can be 70 or older. Each justice serves a six-year term. Vermont uses the assisted appointment process to choose justices. This means that the Governor of Vermont reviews a list of candidates and chooses one of them to serve on the Court. Vermont differs from most states with regard to the process of retaining justices. Rather than holding a retention election or a general election, the state requires the legislature to vote on whether a justice should be retained at the end of their term.
A controversial decision by the Supreme Court involved the right to a speedy trial in a criminal case. It overturned a conviction of a defendant who was not tried for nearly three years after he was arrested. The delay resulted from the withdrawals and replacements of several public defenders, often at the defendant’s request. The Supreme Court ruled that the state had violated the defendant’s right to a speedy trial because it had not provided a public defender to represent him in a timely manner. The U.S. Supreme Court reversed this decision, ruling that public defenders work for their clients rather than the state. Delays or gaps in representation caused by the public defender or the defendant do not infringe on the right to a speedy trial.
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Recent Decisions From the Vermont Supreme Court
Date: March 8, 2024
Citation: 2024 VT 14
Docket Number: 23-AP-059
Justia Opinion Summary: In this case, the Vermont Supreme Court affirmed a lower court's decision that the defendants, R.L. Vallee, Inc., and Crystal Clear Hospitality, LLC (CCH), accepted and used payments issued by the Vermont Agency of…
Date: March 8, 2024
Docket Number: 23-AP-224
Date: March 8, 2024
Citation: 2022 VT 9
Docket Number: 23-AP-380
Date: March 8, 2024
Citation: 2015 VT 121
Docket Number: 23-AP-388
Date: March 8, 2024
Citation: 2013 VT 35
Docket Number: 23-AP-392
Date: March 1, 2024
Citation: 2024 VT 12
Docket Number: 23-AP-127
Justia Opinion Summary: A Vermont-based non-profit organization and an LLC challenged a superior court's dismissal of their complaint over a grant they did not receive. The plaintiffs, Housing Our Seniors in Vermont Inc. and Lakemont Retirement…
Date: March 1, 2024
Citation: 2024 VT 13
Docket Number: 23-AP-231
Justia Opinion Summary: The case involves a zoning enforcement action initiated by the Town of Pawlet against landowner Daniel Banyai. Banyai launched a firearms training facility on his property in 2017, which was found to be in violation of…
Date: February 23, 2024
Citation: 2024 VT 10
Docket Number: 22-AP-334
Justia Opinion Summary: In this case, Scott Phillips appealed against the denial of his motion for acquittal, the jury charge, and his probation conditions by the criminal division of the Superior Court, Bennington Unit. The State of Vermont…
Date: February 23, 2024
Citation: 2024 VT 8
Docket Number: 23-AP-011
Justia Opinion Summary: The Vermont Supreme Court affirmed the civil division's decision to invalidate a portion of Donald Crofut's will that granted Sean Hammond an option to purchase Crofut's residence for $40,000. The court found that Crofut…
Date: February 23, 2024
Citation: 2024 VT 11
Docket Number: 23-AP-311
Justia Opinion Summary: In this case, the plaintiffs, Stowe Aviation, LLC and Stowe Airport Investment, LP, appealed from a denial of their motion to reopen a breach-of-contract case with the Vermont Agency of Commerce and Community…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
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