Side judge

Side judge is a judicial position apparently unique to the state of Vermont. Side judges sit with the judge in Superior and Family court. There is a Superior and a Family Court located in each of Vermont's 14 county at their "shire town" or county seat. The Superior Court handles only civil cases and violations of traffic laws and municipal ordinances; they do not handle misdemeanors or felonies. There are normally two side judges, but the court may proceed with only one side judge or none. In theory the side judges, who are generally not attorneys, have input only on matters of fact, with legal decisions left to the judge, but the vote of a side judge has the same weight as that of the judge, so two side judges can outvote the judge. If there is only one side judge and the side judge and the judge disagree on a matter of fact, a mistrial is declared.

Side judges who undergo some training may also sit alone in small claims, uncontested divorces, traffic offenses, and violations of municipal ordinances.

Side judges also have certain administrative duties. They appoint the County Clerk, Treasurer and Auditor, County Road commissioners, and Notaries Public, manage the county courthouse, sheriff's office and other property, and prepare the county budget. As a result, side judges receive two types of compensation: a salary for their administrative duties, paid by the county, and a per diem for their judicial duties, paid by the state.

The position of side judge was established in the Vermont constitution of 1791. While full judges are appointed by the Governor, side judges are elected.

Side judges are also referred to as assistant judges.

References

* [http://www.rherald.com/News/2007/1206/Front_Page/f03.html Rutland Herald article]
* [http://www.thinkvermont.com/publications/pdf/legguide_11.pdf Vermont's Court System]