Vermont Supreme Court

Vermont Supreme Court
Court Information
Justices: 5
Founded: 1777
Location: Montpelier
Salary
Associates: $191,963
Judicial Selection
Method: Assisted appointment (Hybrid)
Term: 6 years
Active justices
William Cohen, Harold Eaton, Paul L. Reiber, Nancy Waples

Founded in 1777, the Vermont Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Paul Reiber. In 2018, the court decided 455 cases.

As of August 2025, three judges on the court were appointed by a Republican governor and one was appointed by a Democratic governor.

The Vermont Supreme Court is located in Montpelier, Vermont.

In Vermont, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

Jurisdiction

The court has jurisdiction over final appeals in all cases originating in the state courts and establishes the rules of civil, criminal, family, and appellate procedure. Additionally, the Vermont Supreme Court has the responsibility of administering the court system, must admit all attorneys in the state to practice law, and is the disciplinary authority for judicial officers and attorneys.

The following text from Chapter II, Section 30 of the Vermont Constitution covers the organization and jurisdiction of the court:

“	Supreme Court; Jurisdiction The Supreme Court shall exercise appellate jurisdiction in all cases, criminal and civil, under such terms and conditions as it shall specify in rules not inconsistent with law. The Supreme Court shall have original jurisdiction only as provided by law, but it shall have the power to issue all writs necessary or appropriate in aid of its appellate jurisdiction. The Supreme Court shall have administrative control of all the courts of the state, and disciplinary authority concerning all judicial officers and attorneys at law in the State.	”
—Vermont Constitution, Chapter II, Section 30

Justices

The table below lists the current justices of the Vermont Supreme Court, their political party, when they assumed office, and the appointing governor.

Office	Name	Party	Date assumed office	Appointed by
Vermont Supreme Court	William Cohen	Nonpartisan	December 19, 2020	Phil Scott (R)
Vermont Supreme Court	Harold Eaton	Nonpartisan	October 27, 2014	Peter Shumlin (D)
Vermont Supreme Court	Nancy Waples	Nonpartisan	April 15, 2022	Phil Scott (R)
Vermont Supreme Court	Vacant
Vermont Supreme Court Chief Justice	Paul L. Reiber	Nonpartisan	December 17, 2004	Jim Douglas (R)

Judicial selection

See also: Judicial selection in Vermont

The five justices of the Vermont Supreme Court are selected through assisted appointment. The governor selects a nominee from a list of recommended candidates from a judicial nominating commission. The nominee must be confirmed by the Vermont Senate. Once confirmed, appointees serve six-year terms. At the end of each term, judges face retention by a vote of the Vermont General Assembly.

Qualifications

To serve on the Vermont Supreme Court, a judge must:

• be a state resident; and
• have practiced law as an attorney or served as a judge in the state for at least 10 years, with five years preceding their application to the commission.

Chief justice

The chief justice of the supreme court is chosen through the same assisted appointment method as the other judges on the court and serves in that capacity for a full six-year term.

Vacancies

See also: How vacancies are filled in state supreme courts

When the state Senate is in session, midterm vacancies are filled by the same assisted appointment method otherwise used to select judges. If the Senate is not in session, the governor may choose to make an interim appointment until the Senate convenes and acts upon the appointment. The appointed justice will serve until the Senate consents to the appointment. If the appointment is confirmed, the appointee will serve a six-year term. If the appointment is not confirmed by the Senate, the judicial office will be vacated. There is one current vacancy on the Vermont Supreme Court, out of the court's five judicial positions.

The map below highlights how vacancies are filled in state supreme courts across the country.

Appointments

2025

See also: Vermont Supreme Court Justice vacancy (August 2025)

Vermont Supreme Court Justice Karen R. Carroll retired on August 23, 2025. Carroll's replacement will be Governor Scott's (R) fourth nominee to the five-member supreme court.

In Vermont, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

When the state Senate is in session, midterm vacancies are filled by the same assisted appointment method otherwise used to select judges. If the Senate is not in session, the governor may choose to make an interim appointment until the Senate convenes and acts upon the appointment. The appointed justice will serve until the Senate consents to the appointment. If the appointment is confirmed, the appointee will serve a six-year term. If the appointment is not confirmed by the Senate, the judicial office will be vacated.

2021

See also: Vermont Supreme Court justice vacancy (November 2021)

Vermont Governor Phil Scott (R) appointed Nancy Waples to the Vermont Supreme Court on February 25, 2022. The Vermont State Senate unanimously confirmed Waples on March 25, 2022. Waples succeeded Beth Robinson, who left the state supreme court in November 2021, following her elevation to the United States Court of Appeals for the Second Circuit. Waples was Gov. Scott's third nominee to the five-member supreme court.

At the time of the vacancy under Vermont law, the five justices of the Vermont Supreme Court were selected through assisted appointment where the governor appoints a judge from a nominating commission's list and the Vermont Senate confirms the appointee. Once confirmed, appointees would serve six-year terms. At the end of each term, judges would face retention by a vote of the Vermont General Assembly.

2019

See also: Vermont Supreme Court justice vacancy (September 2019)

Vermont Supreme Court Justice Marilyn Skoglund retired on September 1, 2019. Gov. Phil Scott (R) nominated Judge William "Bill" Cohen to succeed Skoglund on December 5, 2019.

Cohen was Gov. Phil Scott's (R) second nominee to the five-member supreme court.

Under Vermont law, the governor appointed state supreme court justices from a list of names provided by a judicial nominating commission. The appointed justice had to be confirmed by the Vermont State Senate.

Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.

Vermont Supreme Court caseload data
Year	Filings	Dispositions
2020	373	418
2019	403	407
2018	438	455
2017	442	415
2016	448	484
2015	504	522
2014	---	479
2013	510	475
2012	423	430
2011	480	487
2010	511	489
2009	479	503
2008	503	585
2007	530	571

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

• We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
• We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
• We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
• We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

• Number of justices: 5
• Number of cases: 218
• Percentage of cases with a unanimous ruling: 95.9%% (209)
• Justice most often writing the majority opinion: Justice Carroll (22)
• Per curiam decisions: 125
• Concurring opinions: 3
• Justice with most concurring opinions: Justice Robinson (2)
• Dissenting opinions: 9
• Justice with most dissenting opinions: Justices Reiber and Robinson (3)

For the study's full set of findings in Vermont, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

• Strong Democrat
• Mild Democrat
• Indeterminate
• Mild Republican
• Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.

Vermont had a Court Balance Score of -1.2, indicating Split control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Vermont was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Vermont received a score of -0.60. Based on the justices selected, Vermont was the 7th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.

Noteworthy cases

The following are noteworthy cases heard before the Vermont Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

• The right to a speedy trial - Michael Brillon	Click for summary→
The Vermont Supreme Court issued a ruling overturning the assault conviction of Michael Brillon, who was in jail without bail for nearly three years and went through six public defenders before being tried for assault. Brillon needed a public defender to represent him in court, but lawyers working on the case asked for postponements, withdrew, or were replaced at Brillon's request. The sixth lawyer took the case to trial in 2004. Brillon was convicted and sentenced to 12 to 20 years in prison. Brillon appealed the case to the Vermont Supreme Court, claiming his Sixth Amendment rights to a speedy and fair trial were violated. The court ruled in his favor and dismissed his assault conviction, saying the delays were the fault of the state to provide a public defender in a timely fashion. The ruling prompted outrage among victim's rights advocates and other pro-law enforcement organizations because Brillon was freed and they feared that other suspects would appeal on similar grounds hoping for a similar outcome. The case was appealed to the Supreme Court of the United States by the Vermont Attorney General's Office. The Court reversed the state court's decision on March 9, 2009, ruling: “ We hold that the Vermont Supreme Court erred in ranking assigned counsel essentially as state actors in the criminal justice system. Assigned counsel, just as retained counsel, act on behalf of their clients, and delays sought by counsel are ordinarily attributable to the defendants they represent. For a total of some six months of the time that elapsed between Brillon’s arrest and his trial, Brillon lacked an attorney. The State may be charged with those months if the gaps resulted from the trial court’s failure to appoint replacement counsel with dispatch. Similarly, the State may bear responsibility if there is “a breakdown in the public defender system.” Id., at 1111. But, as the Vermont Supreme Court acknowledged, id., at 1126, the record does not establish any such institutional breakdown. ” —Ruth Bader Ginsburg, Opinion of the Supreme Court

History of the court

Supreme Court of Vermont in Montpelier

Vermont entered the federal union after 14 years as an independent Republic. The Republic of Vermont constitution provided that "courts of justice shall be established in every county in the state." The general assembly established a superior court in 1778 with five judges. The superior court met four times per year for one week in different locations in the Republic. In 1782 the superior court was abolished and the supreme court was created. Five judges were to be elected annually. In 1787, the number of judges was reduced to three.

Vermont became a state in 1791. The 1793 Vermont Constitution, still in use today, established the judiciary as a separate branch of government. It provided that supreme court judges would be elected. This developed into supreme court judges being elected by the general assembly, jointly with the senate beginning in 1836, every two years. It also provided that judges would be justices of the peace throughout the state and county court judges in their respective counties.

In 1825, the number of supreme court judges was increased to four, and then it was increased to five in 1828. In 1847, the number of judges was increased to six. Two years later the general assembly provided for a system where judges no longer had to ride the county court circuit. The number of judges on the supreme court was then reduced back to three. However, circuit courts were abolished in the state in 1857 and the supreme court was expanded to six judges and resumed their role of presiding over county courts.

In 1870 Vermont voters passed a constitutional amendment (Amendment 26) setting a fixed term of office for justices of two years.

In 1906 the general assembly added six superior court judges to the judiciary and assigned them with county court duties, and they then reduced the number of supreme court judges to four. In 1908, the size of the supreme court was increased to five, where it has remained to today.

In 1974 Vermont voters passed Vermont Creation of a Unified Judicial System Amendment (1974); a series of amendments structuring and modernizing the judiciary, including unifying the courts under the supreme court; transferring selection of judges to the governor through assisted appointment of state court judges, with the legislature holding retention election of judges after six years; providing for five justices; providing a mandatory retirement age of 70 for judges; recognizing the supreme court's rule making power; and giving the supreme court the power to discipline judges and attorneys.

In 2010 the legislature unified the court system into a single superior court, under the control of the supreme court. The superior court has five divisions: civil, criminal, environmental, family, and probate. Each division has offices in each county, except for the environmental division.

Courts in Vermont

See also: Courts in Vermont

In Vermont, there is one federal district court, a state supreme court, and trial courts of general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• Trial courts

The image below depicts the flow of cases through Vermont's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Vermont's state court system.

Party control of Vermont state government

Trifecta history

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

Vermont has a divided government where neither party holds a trifecta. The Republican Party controls the office of governor, while the Democratic Party controls both chambers of the state legislature.

See also

Vermont	Judicial Selection	More Courts
Courts in Vermont Vermont Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Vermont	Federal courts State courts Local courts

External links

• Homepage of the Vermont Supreme Court
• Vermont Supreme Court published opinions

Footnotes

Vermont courts

---

Federal courts:

Second Circuit Court of Appeals • U.S. District Court: District of Vermont • U.S. Bankruptcy Court: District of Vermont

State courts:

Vermont Supreme Court • Vermont Superior Courts • Vermont Probate Court • Vermont Judicial Bureau

State resources:

Courts in Vermont • Vermont judicial elections • Judicial selection in Vermont