q THE VERMONT COURT SYSTEM
As with legislative and executive branches of government, the judicial branch exists at both the federal and state levels. There are two Federal Courts in Vermont. One is the Bankruptcy Court, and the other is the Federal District Court. While the Bankruptcy Court handles exclusively bankruptcy matters, the Federal District Court is a trial court that hears a wide variety of both civil and criminal matters. There is a Bankruptcy Court and District Court in Burlington and Rutland. Each court has its own presiding judge, and the District Court has a magistrate. The magistrate generally hears less serious criminal cases and lawsuits in which the parties agree to have the magistrate decide their case. Magistrates also preside at bail hearings and hear preliminary matters.
The U.S. District Court is a trial court, which means that parties present evidence for the first time at this court. They may call witnesses and offer documents to the court to review. Depending on the subject-matter of the case and choice of the parties, the judge may decide a case alone, or with the assistance of a jury. District Court opinions may be appealed to the Circuit Court of Appeals for the Second Circuit, in New York City. Circuit Court decisions may be appealed to the United States Supreme Court in Washington, D.C.
At the state government level, there are several types of courts in Vermont, each with its own power, or jurisdiction. The types of courts are as follows: • The superior courts are the courts with general civil jurisdiction. They handle cases in which one person sues another for damages or equitable relief (injunctions, etc.). They also handle a variety of other non-criminal matters.
• Small claims court is a division of the superior court and is usually located in the same place as the superior court.
• The district courts are the courts with jurisdiction over criminal matters. They also have jurisdiction over certain civil proceedings related to criminal cases, such as DUI license suspension hearings, drug forfeiture proceedings, etc.
• The family courts are the courts with jurisdiction over divorce, custody, paternity, child support, relief from abuse orders, and juvenile court issues such as abused and neglected children.
• The probate courts have jurisdiction over guardianships, estates, and adoptions. There is a superior, district and family court in each of the fourteen Vermont counties. There are probate courts in each county; three of the counties have two probate courts.
80 On Your Own, 2008 Edition
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