Vermont: Introduction to State Courts

Summary

Staff attorneys with the ACLU of Vermont provide an overview of the state court system. They explain the two-tiered structure of courts, outline which courts handle different case types, and discuss constitutional rights around public access to proceedings and records. They note presumptive openness, with some statutory exceptions like juvenile and mental health cases. They review procedural rules on media recording in courtrooms and detail how to physically or electronically access various civil and criminal case records.

Takeaways

• 📚 The New England First Amendment Coalition (NEFAC) offers comprehensive lessons on state Freedom of Information laws to educate on accessing government information.
• 🗞️ NEFAC's curriculum, unique in its coverage, is available at nefac.org and on their YouTube channel, focusing on state public record, open meeting laws, and the federal Freedom of Information Act.
• 📝 This webinar, led by Emily Sweeney from the Boston Globe and the NEFAC, focuses on the Vermont state courts, featuring Hillary Rich and Harrison Stock from the Vermont ACLU.
• 🛠 Vermont's state court system is uniquely structured with only two levels: the trial courts (Superior Courts) and the Supreme Court, facilitating an automatic right of appeal.
• 💰 Each of Vermont's 14 counties has its own Superior Court with various divisions handling specific types of cases, from civil matters to criminal, environmental, and family issues.
• 📖 The Vermont Supreme Court, consisting of five justices, oversees appeals, manages the court system, and regulates attorney and judge conduct.
• 🌐 Public and press have a qualified right of access to court proceedings, grounded in the First Amendment, ensuring transparency and fairness in the judicial process.
• 🚫 Certain exceptions limit access to court proceedings and records, including grand jury proceedings, juvenile court proceedings, and cases involving youthful offender status.
• 📷 Rule 79.2 specifies the rights of media, participants, and the public regarding the use of recording devices in courtrooms, reflecting the balance between access and privacy.
• 🔍 Accessing Vermont court records involves understanding the Vermont rules for public access, differentiating between physical and electronic access, and navigating exceptions and appeals processes.

Q & A

What are the two levels of courts in the Vermont state court system?

The two levels are the Vermont Trial Courts, also called the Vermont Superior Courts, and the Vermont Supreme Court.

How do justices get appointed to the Vermont Supreme Court?

Justices are appointed by the governor and then confirmed by the Vermont Senate for a six-year term.

What gives the public and press a qualified right of access to court proceedings?

The qualified right of access is primarily grounded in the First Amendment, as ruled by the U.S. Supreme Court.

What needs to happen for a court to be closed to the public in Vermont?

To close a proceeding, a party must demonstrate closure is essential to preserve higher values or compelling interests, and that closure is narrowly tailored to serve that interest. The court must also exhaust all reasonable alternatives before closing.

What governs access to court records in Vermont?

Access is governed by the Vermont Rules for Public Access to Court Records, created by the Vermont Supreme Court, rather than the state's Public Records Act.

Where are original court records located?

Original records are located with the clerk of the court in the courthouse where the case was filed.

How can criminal court dockets be accessed electronically?

Criminal court dockets can only be accessed electronically via public access terminals located inside courthouses, not remotely.

What happens if a record custodian denies access to a record?

If access is denied, an appeal can be filed with the presiding judge of the court within 7 days.

Are there any fees for accessing or copying records?

Inspection is free but there may be fees for copies or staff time, similar to the Public Records Act.

What types of cases have restrictions on public access?

Access is restricted for juvenile cases, grand jury proceedings, mental health/competency cases, and attorney discipline.