Side judge, or assistant judge, is a judicial position unique to the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...

Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...

. There are two side judges in each of Vermont's 14 counties. Like

lay judge A lay judge, sometimes called a lay assessor (law), assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law (legal system), civil law jurisdictions. Lay judges are appointed volunteers and often require some legal ...

s, side judges are usually not legal professionals.

Duties and responsibilities

While Family, District and Superior Court judges are appointed by the Governor, probate and side judges are elected. Side judges run

at-large At large (''before a noun'': at-large) is a description for members of a governing body who are elected or appointed to represent a whole membership or population (notably a city, county, state, province, nation, club or association), rather tha ...

(not specifically for one of the two seats) and county-wide in November of even-numbered, non-presidential election years, and serve four-year terms. The terms begin on the following February 1. In the event of a vacancy, the

Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

is empowered to appoint a replacement. Side judges sit with the judge in

Superior Superior may refer to: *Superior (hierarchy), something which is higher in a hierarchical structure of any kind Places * Superior (proposed U.S. state), an unsuccessful proposal for the Upper Peninsula of Michigan to form a separate state *Lak ...

(civil cases and violations of traffic laws and municipal ordinances) and

Family Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictabili ...

Court. There are Superior and Family Courts located in each of Vermont's 14 counties at their "shire town" or county seat. There are normally two side judges on the bench, 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 matters of law left to the presiding 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 In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...

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 have administrative duties in addition to court responsibilities. They appoint the County Clerk, Treasurer and Auditor, 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. Once the county budget has been determined, municipalities in the county are assessed a portion, based on their grand list (total evaluation of property in the municipality). Vermont's Assistant Judges also have a professional association and lobbying group, the Vermont Association of County Judges. Hyde park courthouse 20040313

History

The position of side judge was part of Vermont's government during the mid to late 1700s period of the

Vermont Republic The Vermont Republic, officially known at the time as the State of Vermont, was an independent state in New England that existed from January 15, 1777, to March 4, 1791. The state was founded in January 1777, when delegates from 28 towns met ...

, and was continued in the

Vermont Constitution The Constitution of the State of Vermont is the fundamental body of law of the U.S. state of Vermont, describing and framing its government. It was adopted in 1793 following Vermont's admission to the Union in 1791 and is largely based upon th ...

when Vermont was admitted to the Union as the fourteenth state in 1791. The idea of side judges appear to have been borrowed from the colony of

Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...

, and they were also part of the judiciary in other states, including

New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

and

Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...

. In Vermont, they were created in part because early Vermont residents were distrustful of lawyers, many of whom had received their training in

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

before the

American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...

, making their loyalty suspect, or had supported

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

during the dispute between New York's colonial government and Vermont's original white settlers over control of Vermont's first towns. The founders of Vermont had purchased their land grants from

Benning Wentworth Benning Wentworth (July 24, 1696 – October 14, 1770) was an American merchant, landowner and colonial administrator who served as the List of colonial governors of New Hampshire, governor of New Hampshire from 1741 to 1766. He is best known ...

, the

Governor of New Hampshire The governor of New Hampshire is the head of government of the U.S. state of New Hampshire. The governor is elected during the biennial state general election in November of even-numbered years. New Hampshire is one of only two states, along w ...

. When the British government supported New York's attempts to assert control, those with New Hampshire land grants refused to re-purchase them from New York. Adding lay judges to the courts was a means of ensuring that pro-British or pro-New York judges could not control the courts. Though reorganization of the judiciary in other states eliminated the side judge position, It has continued in Vermont. Some updates and changes to Vermont's court system included elimination or a reduced role for the side judges, but most of those efforts have been unsuccessful.

Notable side judges

* David M. Camp,

Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

from 1836 to 1841, Orleans County Assistant Judge, 1830 to 1832 and 1834 to 1835. * William Chamberlain,

United States Representative The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...

, 1803 to 1805, 1809 to 1811, Orange County Assistant Judge, 1795–1796. *

Augustine Clarke Augustine Clarke (c.1780 – June 17, 1841) was a Vermont attorney, banker and politician who was a leader of the Anti-Masonic Party and served as Vermont State Treasurer. Early life Details of Clarke's birth are not known for certain. His name ...

Vermont State Treasurer The State Treasurer's Office is responsible for several administrative and service duties, in accordance with Vermont Statutes. These include: investing state funds; issuing state bonds; serving as the central bank for state agencies; managing th ...

from 1833 to 1837, Caledonia County Assistant Judge, 1824–1825. * Charles S. Dana, Speaker of the Vermont House of Representatives from 1917 to 1921,

Addison County Addison County is a County (United States), county located in the U.S. state of Vermont. As of the 2020 United States census, 2020 census, the population was 37,363. Its shire town (county seat) is the town of Middlebury (town), Vermont, Middle ...

Assistant Judge, 1908–1912. * Edward H. Edgerton,

President pro tempore of the Vermont State Senate The president ''pro tempore'' of the Vermont Senate presides over the Vermont Senate, Senate of the U.S. state of Vermont in the absence of the Lieutenant Governor of Vermont, lieutenant governor. The president ''pro tempore'' also sets the policy ...

from 1925 to 1927, Windsor County Assistant Judge, 1913–1921. * Abram W. Foote,

from 1921 to 1923, Assistant Judge of

from 1902 to 1906. * Jonas Galusha,

Governor of Vermont The governor of Vermont is the head of government of the U.S. state of Vermont. The officeholder is elected in even-numbered years by direct voting for a term of two years. Vermont and bordering New Hampshire are the only states to hold guberna ...

from 1809 to 1813 and 1815 to 1820, Assistant Judge of Bennington County from 1795 to 1798. * William Hunter,

, 1817 to 1819, Assistant Judge of Windsor County, 1805–1816. *

Elias Keyes Elias Keyes (April 14, 1758July 9, 1844) was an American politician and judge. He served one term as a U.S. Representative from Vermont from 1821 to 1823. Biography Keyes was born in Ashford in the Connecticut Colony. He attended the common sc ...

from 1821 to 1823, Assistant Judge of Windsor County, 1803 to 1814. * William C. Kittredge,

from 1852 to 1853, Rutland County Assistant Judge, 1833–1839. * Aaron Leland,

from 1822 to 1827, Windsor County Assistant Judge, 1803–1817, 1818–1822. * Orlando L. Martin, Speaker of the Vermont House of Representatives from 1923 to 1925, Washington County Assistant Judge, 1939 to his death. *

Samuel Mattocks Samuel Mattocks (December 30, 1739 – January 18, 1804) was a Connecticut and Vermont Continental Army officer and political figure who served as Vermont State Treasurer during the state's early years. Early life Samuel Mattocks was born in Midd ...

from 1786 to 1800, Rutland County Assistant Judge, 1783–1788, 1794. * Gideon Olin,

, 1803–1807, Assistant Judge of Bennington County, 1781–1798. * William M. Pingry, Vermont Auditor of Accounts from 1853 to 1860, Assistant Judge in both

Washington Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...

(1838–1839) and Windsor (1880 to his death) Counties. * Thomas Porter, Speaker of the Vermont House of Representatives, 1780 to 1782, Assistant Judge of Rutland County, 1781–1782. * James M. Slade, son of

William Slade,

from 1856 to 1857, Assistant Judge of

, 1868 to 1870. * John Spaulding,

from 1841 to 1846. * Paul Spooner,

, 1782 to 1787, Windsor County Assistant Judge, 1779–1782, 1785–1789. * Zed S. Stanton,

Lieutenant Governor of Vermont The lieutenant governor of Vermont is elected for a two-year term and chosen separately from the Governor of Vermont, governor. The Vermont lieutenant governor's main responsibilities include acting as governor when the governor is out of state o ...

from 1902 to 1904, Washington County Assistant Judge, 1884–1888. * John Strong, Speaker of the Vermont House of Representatives in 1786, Assistant Judge of Bennington County, 1781–1782. *

John E. Weeks John Eliakim Weeks (June 14, 1853 – September 10, 1949) was an American politician from Vermont. He served as the 61st governor of Vermont from 1927 to 1931. Early life Weeks was born in Salisbury, Vermont, on June 14, 1853, the son of Ebenez ...

from 1927 to 1931,

Assistant Judge, 1884–1886. * David Wing Jr.,

Secretary of State of Vermont The secretary of state of Vermont is one of five cabinet-level constitutional officers in the U.S. state of Vermont which are elected every two years. The secretary of state is fourth (behind the lieutenant governor, speaker of the House of Repr ...

from 1802 to 1806, Caledonia County Assistant Judge, 1797-1803, Presiding Judge, 1804-1806. * Augustus Young,

, 1841 to 1843, Franklin County Assistant Judge, 1851–1854.

Current side judges

As of April 2025, the assistant judges in each county are:

References

External links

Rutland Herald article

Vermont's Court System
{dead link, date=May 2018 , bot=InternetArchiveBot , fix-attempted=yes Region-specific legal occupations Vermont state court judges