Vermont Assistant Judges - Candidates - Becoming an Assistant Judge

Information for Candidates Seeking the Office of Assistant Judge

Thank you for your interest in running for the office of county Assistant Judge. The Association for Assistant Judges is providing you with some important information that you need to have during your campaign.

It is common for candidates to assume they are running for an office that is most similar to a town selectboard. Indeed, that is one function of assistant judges—to be the executives of their county.

However, you might not fully realize that you are also seeking to become an elected member of the Vermont Judiciary. Assistant judges are held to the same high standards of judicial conduct as their appointed superior court colleagues. We must exhibit integrity, honesty and judicial temperament so that the public has utmost confidence in the judges they elect to this unique office.

Qualifications for Office

Assistant judges over the decades, have come from many backgrounds and walks of life. By statute one must only be a resident of the county in which they will serve. It is common to see those with some kind of management experience in the office, but it is not a prerequisite.

As of 2022 the current assistant judges include three attorneys—one a former State’s Attorney for Lamoille County; former members of law enforcement; former high school and college educators; small business owners; former legislators; a former Olympic skier; former municipal administrators and more. Our experiences are what make us knowledgeable about our local communities and able to perform our duties at the highest level.

Since it is an elected position, one must petition voters to get their name on the ballot. It is a four-year term, with elections in even-numbered years opposite the Presidential elections.

Visit the Secretary of State’s website to understand fully the method and deadlines to qualify for the election ballot.

Tech-related Qualifications for Assistant Judges

In 2020, The Vermont Judiciary transitioned completely to an online filing system called Odyssey. It is through Odyssey that court staff, parties, attorneys, judges, and assistant judges have access to case documents and filings. This is how judges now issue their decisions as well. The days of paper files is a thing of the past!

Because of this transition, now more than ever, it is imperative that assistant judges have solid foundation of basic computer skills that will set them up to be successful in learning this complex system.

In addition to being trained to use Odyssey, assistant judges will need to be able to independently navigate between different communication methods such as Microsoft Teams and WebEx (the platform courts use to conduct remote hearings).

The Judiciary will provide training on the internal systems it uses to all members of the Judiciary. To be able to keep up in these trainings however, it is important for assistant judges to come in with a solid ability to perform fundamental tasks on a computer. This includes an understanding certain software, applications, programs, tools and more. In their everyday tasks, assistant judges toggle between the use of the following:

-Microsoft Outlook (for email correspondence and court calendars to gain access to online hearings)

-Microsoft Teams (for internal communication, access to essential information, and internal digital meetings)

-Odyssey (for access to case files for review and to enter orders)

-Knowledge of how to use different drives on your computer

-Knowledge of how to research Vermont Statutes

-Spreadsheet software such as Excel (for county budget work)

While there aren’t specific tech-related qualifications for this position written out in the statutes, the reality is that the Judiciary now operates in a way which requires this type of knowledge for assistant judges to be able to do our jobs well. We do not have administrative assistants or clerks who are available to help us with these tasks while we are sitting on the bench or in chambers, so proficiency in this area is a must.

Your Duties Will Vary by County

Your administrative duties include overseeing county employees, buildings and the budget.

Your duties as a judicial officer include serving on family and civil court proceedings.

In some counties, serving in their judicial capacity is a five-day-a-week job. In other counties, the number of days in court will be fewer. Your administrative work may differ depending on whether your county owns and maintains a county courthouse.

Please contact your local assistant judges to determine the number of hours you will be expected to work in your county.

The Code of Judicial Conduct

You probably don’t realize that upon announcing your candidacy for office you are subject to the Code of Judicial Conduct. The Code applies to all sitting judges and to candidates for judicial office.

Here are some of the most important aspects of the Judicial Code that apply to candidates for elected judicial office, which includes both assistant judges and probate judges.

You are now limited in the extent to which you can participate in partisan political activities. If you have been active in your town, county or state political parties, you may need to resign from a position you hold. For example, you can no longer remain a town chair of your political party. Furthermore, you will not be able to take part in many political activities, such as endorsing other candidates during election years. Canon 4 of the Code deals with political activity. Specifically, Rule 4.1 sets forth the limitations that all judges face in participating in partisan politics. Please access the Code online and read all of Canon 4 to understand how this could apply to you.
The only other elective office you may hold is Town Moderator. Rule 4.1(C)(1) states that a candidate for office must resign from any elective office other than town moderator. For example, if you are a Justice of the Peace in your town, you will have to resign now that you are a candidate for an elected judicial office.
You may not solicit either funds or letters of support on your own behalf. Rule 4.3(C) governs the political conduct of candidates for assistant judge. Most importantly, Rule 4.3(C) requires that a candidate MAY NOT solicit funds themselves but does allow you to establish a campaign committee which may solicit funds and letters of support on your behalf. Again, please access the Code and read the section in its entirety to ensure that you are conducting your campaign appropriately.
You could be subject to discipline by the Judicial Conduct Board. Rule 4.4 states that a successful candidate, or an unsuccessful candidate who is an incumbent, is subject to judicial discipline for conduct in the course of seeking election that violates the provisions of Rules 4.1-4.3; an unsuccessful candidate who is a lawyer is subject to lawyer discipline for campaign conduct that that violates the Vermont Code of Professional Responsibility. A lawyer who is a candidate for judicial office is subject to Disciplinary Rule 8.2(b) of the Vermont Rules of Professional Conduct.

These are only a few of the restrictions that you are subject to. Most importantly, you need to be mindful that your public behavior is now subject to a code of conduct and that you must uphold the dignity of judicial office even before you are elected.

Additionally, in the past year it was decided that assistant judges are now going to be subject to financial disclosures—as are all other members of the judiciary. This will apply to you if you are elected.

Consequences for Violating the Code of Conduct

Violations of the Code of Judicial Conduct may result in serious consequences. A case decided in 2017 resulted in barring a former assistant judge from holding judicial office for life. None of this person’s conduct had to do with behavior on the bench or in his role as the county executive. However, this case is a warning that assistant judges are subject to scrutiny in all our affairs and the Code of Judicial Conduct applies even before you are elected.

Download the complete Vermont Code of Judicial Conduct [PDF] ›