t Vermont » Juvenile court

Judicial selection, 2022

• Elected

• Appointed

• Combination

Judicial specialization, 2022

• All mixed case types

• Mostly mixed

• Mostly specialized

Caseload assignment, 2022

• Mixed assignment methods

• Individual discretion

• Statute/State court rules

Judicial experience, training, and tools, 2022

• Qualification Requirements

• Required Annual Training

• Required Risk/Need Assessments and Pre-Dispositional Reports

• Juvenile Justice Bench Books

Courtroom shackling, 2015

Restricted by legislature

Vermont statute 33 V.S.A. § 5123 (eff. 5/21/09) relates to transportation, requiring agency supervisory approval to use mechanical restraints for each child, and states further that “It is the policy of the State of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary.”  This statute must be considered indirectly, as it does not specifically mention the courtroom, where judges maintain discretion.

Competency, 2015

In Vermont, the supreme court held that “an incompetent juvenile cannot be found delinquent without violating the basic concepts of due process of law” [In re J.M., Juvenile, 769 A.2d 656 (2001)]. Court Rules for Family Proceedings refers to Criminal Court Rule/s that permits the (juvenile) court to order “reasonable mental examination by a psychiatrist or other expert’ when the defendant gives notice that sanity is at issue or other expert testimony relating to a mental disease, or defect or any other mental condition of the defendant bearing upon the issue of his guilt.

• No juvenile standard

• Juvenile standard is the adult standard

• Juvenile justice standard exists

• JJ standard includes developmental immaturity