Vermont § 457 - Participation and availability of assistant judges

§ 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 in the submitted stipulation, except that the presiding judge,
  in the presiding judge’s 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 from the hearing or trial 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 the assistant judge 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; amended 2021, No. 105 (Adj. Sess.), § 8, eff. July 1, 2022.)