Vermont
Vermont’s highest court is the Vermont Supreme Court. The court has four associate justices and one chief justice. The chief justice is chosen according to the same procedures as the associate justices. (Source: Vermont Constitution)
Judicial Selection
The governor nominates Vermont Supreme Court justices from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. An appointed justice serves a six-year term. Justices may seek additional terms, in which a case a vote of the general assembly is held and the justice is retained unless a majority of the votes are against retention. To fill an interim vacancy, the governor nominates a candidate from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. An appointed justice serves a six-year term. There are no term limits. The mandatory retirement age is 90.
State Constitution
Vermont has had three state constitutions adopted between 1777 and 1793. As of January 1, 2024, it had 56 amendments. (Source: John Dinan, 2024)
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Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”