Reorganization of Vermont's Courts, Why Now?
ON NOV. 6, the Vermont Commission on Judicial Operation, which I chair, voted unanimously to endorse a plan that if adopted by the Vermont Legislature will significantly change the way our courts function. Our recommendations are in response to a critical state budget shortfall, and address the Legislature's charge that we find more efficient and effective ways to provide services while reducing the Judiciary state general funds budget by at least $1 million in the next fiscal year.
Vermont's court system has never undergone this level of review, but the commission's work represents far more than just a money-saving exercise. It offers an opportunity to bring our courts up to date with technological advances and provides a more sensible approach to meeting the legal needs of Vermonters.
Our courts have already responded to tightening budgets with short-term solutions, such as furloughing judges and staff while closing courthouses for 2? days each month. These closings have had the direct effect of reducing access to those who need services. The courts cannot continue on this path if they are to fulfill their constitutional responsibilities. It is critical that our judicial system adopt a long-term strategy.
One of the key recommendations in our report calls for the creation of a unified court system. Under the current framework, more than 60 separate courts operate in over 30 different locations around Vermont, their management split between county and state government. The commission recommends consolidating these into one Superior Court per county managed by the state, each with four divisions: civil, criminal, family and probate. Having just one court manager per county, combined with other administrative savings, would reduce costs by nearly $650,000 a year.
Our report also recommends eliminating the judicial functions of assistant judges but maintaining their authority as county administrators. In such tight budget times, it makes no sense to have two or perhaps three judges sitting on a case, a redundancy that is unique to Vermont and cost our state nearly $300,000 last year.
Our current probate system also presents inefficiencies, with 17 part-time probate judges handling cases. The commission recommends consolidating these part-time positions into five full-time positions serving 12 probate courts (integrated into the state trial court system). Reducing the number of judges and the corresponding health care and retirement benefits would save an estimated $686,000, while consolidating probate courts into superior courts would save $440,000 in staff reductions.
The commission recommends reducing staff in Essex and Grand Isle counties, the state's smallest and most underutilized courts. One full-time staff person would remain in each location, but the administrative functions and staff would be transferred to larger neighboring courthouses. As the commission's report indicates, the cost-per-case in these smaller courts now runs more than twice as high as the statewide average.
By adopting new technologies, our courts will be more userfriendly and accessible to Vermonters. Now, court users are restricted to filing cases and paperwork and obtaining case information at one particular court, usually the one in their county. The commission's recommendations would allow people to transact business on any case at any courthouse in Vermont. The commission's recommendations also include the use of electronic filing, which will enable court users to file forms and receive assistance from their homes, offices or public libraries. Similarly, the use of videoconferencing will increase access to the courts while eliminating the need for travel.
The commission's recommendations have been described by some as "drastic" and "controversial." Those who don't want to see changes in our court system will go to great lengths to see that they aren't adopted. But the commission's report was the product of significant public input. In the past year, the commission held seven public meetings and took input from 44 focus groups and 77 various agencies. The report represents the work of not only our 15 commission members but of more than 800 individuals, and the recommendations would result in savings of $1.2 million in the state's General Fund and more than $1 million in county taxes.
The reality of our state's budget crisis is at hand, and as our commission notes, "It is no overstatement to say that the Judicial Branch is at a crucial juncture in its history. As a state, we cannot make the choice to do nothing." I urge Vermonters to read the 42-page report, which can be found at www.vermontjudiciary. org.
CHIEF JUSTICE PAUL L. REIBER
Vermont Supreme Court











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