Monday, October 26, 2009

Vermonts Judiciary Facts

Fig 1 source:http://www.vermontjudiciary.org/default.aspx

In selecting high court/supreme court judges, the state of Vermont either grants life tenure or they use reappointment of some type. Thirty-nine states have intermediate appellate courts; however, Vermont is one of the eleven states that do not have intermediate appellate courts. Similar to the selection of high court/supreme court judges, selection for all general jurisdiction trial court judges includes life tenure or reappointment of some type. One of the main concerns, or drawbacks, with selecting judges through popular elections is its perceived inability, or unwillingness, of voters to exclude the qualifications and effectiveness of judicial candidates. For this matter, significant effort has been devoted to educating state voters about candidates. However, selecting judges through popular elections is beneficial because of the probability of increased representation of women and minorities on the bench.

Fig.2http://vaiss.org/pics/vaiss.jpg

In the state of Vermont every court branch such as Environmental and Superior Court have two or more judges in jurisdiction. There is an addition of twenty-eight assistant judges for the Superior and Family Courts. There are six trial courts and then there is only one appellate court in the state of Vermont. The link to the Supreme Court is the following: http://www.vermontjudiciary.org/gtc/supreme/default.aspx

Family Court: http://www.vermontjudiciary.org/GTC/Family/default.aspx

Superior Court: http://www.vermontjudiciary.org/GTC/Superior/default.aspx

District Court: http://www.vermontjudiciary.org/GTC/District/default.aspx

Environmental Court: http://www.vermontjudiciary.org/GTC/environmental/default.aspx

Vermont Judicial Bureau: http://www.vermontjudiciary.org/default.aspx

Probate Court: http://www.vermontjudiciary.org/GTC/Probate/default.aspx


Fig.3 source: http://ctlgbtlaw.files.wordpress.com/2009/08/gayadoption2.jpg
Dominik A. Bailey Jr, a man in Thetford, Vermont, was accused and charged with the felony of removal of human remains. He dug up his father’s cremated body which was buried in Vershire graveyard, and returned home with the remains and headstone. Dominik’s mother was the one who made the phone call to Thetford police. She told police that she suspected her son of digging up her husband’s remains and taking it home with him along with the headstone. Bailey’s aunt said she received a voice message from him stating that he was “going to get his father” and there was no reason for the family to continue to put flowers there anymore. Bailey says that he took his father home with him because he missed him. He calls his aunt again later the same day and tells her that his father is now there at home with him in the living room. Police searched Bailey’s home and discovered the remains and headstone. He was later pulled over and taken into custody. Considering that this is a felony crime, it is most likely for the General Jurisdiction court to hear of this case.

Fig4 source:ctlgbtlaw.wordpress.com/.../

In 1993, Jane Van Buren had given birth to two boys by insemination. Deborah Lashman was Buren’s lesbian partner and had lived with Buren for several years. Jane is considered the biological mother of the two boys and had all parental rights while Deborah had no legal standing. The lesbian couple filed a petition for second parent adoption. According to the law , if someone who is not the stepparent adopts a child, it will disable all parental rights to the biological parents. Considering the couple was not married, the court denied all adoptions. Lashman and Buren appealed to the Supreme Court resulting the reverse decision of the lower court. This decision made the Vermont Supreme Court the first to recognize lesbian co-parent adoptions. This type of case would be heard by the appellate court.


RESOURCES
Fact Sheet on Judicial Selection Methods in the States (2009).
Retrieved October 24, 2009, from American Bar Association Web site: http://www.abanet.org/leadership/fact_sheet.pdf

Gay and Lesbian Adoptive Parents: Resources for Professionals and Parents. Child Welfare Information Gateway. Retrieved October 26, 2009. From website: http://www.childwelfare.gov/pubs/f_gay/f_gayc.cfm

Gaylord, S. (2009, October 25). Pro & Con: Debate over reforming judge election system continues. News & Record. pp A1

Lesbian Wins Appeal on Vermont Adoption. Retrieved October 26, 2009. From website: http://www.scs.cmu.edu/afs/cs/user/scotts/domestic-partners/vermont-adoption.html

Vermont Man Charged with Digging Up Dad. Police Say Man Brought Remains Home. (August 3, 2009) Retrieved from WPTZ.com website: http://www.wptz.com/news/20262990/detail.html#

0 comments: