Vermont § 38 - Judicial Masters
Full text of Vermont Vermont Statutes Online § 38 — Judicial Masters, with citation guidance and answers to common questions.
§ 38. Judicial Masters
- (a) The Chief Superior Judge may appoint a licensed Vermont lawyer who has been engaged
in the practice of law in Vermont for at least the last five years to serve as a Judicial
Master. The Judicial Master shall be an employee of the Judiciary and be subject to
the Code of Judicial Conduct. A Judicial Master shall not engage in the active practice
of law for remuneration while serving in this position. In making this appointment,
the Administrative Judge shall apply the criteria and standards for judicial appointments
contained in section 601 of this title. The Judicial Master may hear and decide the following matters as designated by the
Administrative Judge: (1) In the Criminal Division of the Superior Court, proceedings in treatment court dockets,
as approved by the presiding judge, to ensure compliance with court orders, including
attendance and participation with a treatment plan, imposition of sanctions and incentives,
including incarceration in the course of the program and dismissal from the program
due to noncompliance; the Master shall not have authority to accept pleas or to impose
sentences, to hear motions to suppress, or to dismiss for lack of a prima facie case. (2) In the Family Division of the Superior Court, in juvenile proceedings, as approved
by the presiding judge, to ensure compliance with existing court orders, including
attendance and participation in substance abuse, mental health, and other court-ordered
counseling; compliance with and modification of parent-child contact; to act as the
administrative body to conduct permanency hearings pursuant to 33 V.S.A. § 5321(g) unless a contested permanency hearing becomes necessary; and to provide case management
of juvenile proceedings; the Master shall not have the authority to hear temporary
care hearings, requests for juvenile protective orders, or hearings on the merits
or to conduct disposition hearings. (3) In the Family Division of the Superior Court, proceedings, with the approval of the
presiding judge, to ensure compliance with existing court orders relating to parent-child
contact; to act as a Master pursuant to Rule 53 of the Vermont Rules of Civil Procedure
where no order has been made pursuant to 32 V.S.A. § 1758(b); and to provide case management of proceedings with 15 V.S.A. chapters 5, 11, 15, and 18; the Master shall not have authority to determine divorce or parentage actions, parental
rights and responsibilities, or spousal maintenance or modifications of such orders. (b) The Judicial Master may be appointed to serve as an acting judge pursuant to subsection 22(b) of this title in any matter in which he or she has not previously acted as a Judicial Master. (c) The decision of a Judicial Master under this section shall have the same effect as
a decision of a Superior judge, except when acting as a Master pursuant to subdivision
(a)(3) of this section. (Added 2015, No. 167 (Adj. Sess.), § 1, eff. June 6, 2016; amended 2021, No. 105 (Adj. Sess.), § 5, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 11, eff. May 31, 2022; repealed on July 1, 2025 by 2019, No. 77, § 25.) § 38. Judicial Masters [Repealed] (Added 2015, No. 167 (Adj. Sess.), § 1, eff. June 6, 2016; amended 2021, No. 105 (Adj. Sess.), § 5, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 11, eff. May 31, 2022; repealed on July 1, 2025 by 2019, No. 77, § 25.)
Frequently Asked Questions About Vermont § 38
What does Vermont Statutes Online § 38 cover?
Section 38 ("Judicial Masters") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 38?
A common citation format is "Vermont Statutes Online § 38" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.