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The Vermont Statutes Online
Title
04
:
Judiciary
Chapter
010
:
FAMILY COURT
Subchapter
001
:
FAMILY COURT
§
457. Participation and availability of assistant judges
(a) Application.
This section shall apply in all proceedings in which the family court consists
of one presiding judge and two assistant judges.
(b) Questions of
law and fact. In all proceedings, questions of law shall be decided by the
presiding judge. Mixed questions of law and fact shall be deemed to be
questions of law. The presiding judge alone shall decide which are questions of
law, questions of fact, and mixed questions of law and fact. Written or oral
stipulations of fact submitted by the parties shall establish the facts related
therein, except that the presiding judge, in his or her discretion, may order a
hearing on any stipulated fact. Neither the decision of the presiding judge
under this subsection nor participation by an assistant judge in a ruling of
law shall be grounds for reversal unless a party makes a timely objection and
raises the issue on appeal.
(c) Availability
of assistant judges. If two assistant judges are not available, the court shall
consist of one presiding judge and one assistant judge. If neither assistant
judge is available, the court shall consist of the presiding judge alone, and
the unavailability of an assistant judge shall not constitute reversible error.
(d) Mistrial. In
the event that court is being held by the presiding judge and one assistant
judge, and they do not agree on a decision, a mistrial shall be declared. If
the case is retried, the court shall consist of the presiding judge alone or
the presiding judge and two assistant judges.
(e) Method of
determining availability. Before commencing a hearing in any matter in which
the court by law may consist of the presiding judge and assistant judges, the
assistant judges shall determine whether they are available for the case. A
schedule of proceedings in family court in which the assistant judges by law
may participate shall be made available sufficiently in advance to give
assistant judges reasonable opportunity to determine in which cases they will
participate. If two or more cases are being heard at one time, and assistant
judges may by law participate in either, each assistant judge may determine in
which case he or she will participate.
(f) Duty to
complete hearing or trial. After an assistant judge has decided to participate
in a hearing or trial, the assistant judge shall not withdraw therefrom except
for cause. However, if an assistant judge is not available for a scheduled
hearing or trial or becomes unavailable during trial, the matter may continue without
that assistant judge's participation, and he or she may not return to
participate.
(g) Emergency
relief. A presiding judge may hear a petition for emergency relief when the
court is not sitting, and may issue temporary orders as necessary. (Added 1989,
No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990.)