Vermont Statutes Annotated

Vt. Stat. Ann. tit. 04, § 5 (2026)

✓ current as of May 2026

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(Cite as: 4 V.S.A. § 5)

§ 5. Term of Justices

(a) The term of the Justices, except in case of an appointment to fill a vacancy, shall be for a term of six years from and including April 1 in the year of such appointment or retention under subsection 4(c) of this title. When a Justice of the Supreme Court who has sat at the hearing of a cause retires from office before such cause is decided, the Justice shall remain a member of such Court for the purpose of assisting in the decision thereof and of signing the entry order, provided that such service may extend only to the following term of Court. For such service, the Justice shall receive a reasonable compensation to be fixed by the Justices of such Court and reasonable expenses while on office business.

(b) A Justice shall remain in office until a successor is appointed and qualified, unless sooner removed for cause or unless he or she resigns. (Amended 1975, No. 204 (Adj. Sess.), § 2; 1985, No. 98, § 2.)

Notes of Decisions

Cited in 2 cases, 1987–1990 · leading case: Wolfe v. Yudichak, 571 A.2d 592 (Vt. 1990).

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Wolfe v. Yudichak, 571 A.2d 592 (Vt. 1990). · cites it 5× “It argues that 4 V.S.A. § 5(a), which deals with concluding cases heard during the term of office of a justice or judge, does not apply and, therefore, that there is no power for District Judge Mahady to decide this case.”

Peck v. Douglas, 530 A.2d 551 (Vt. 1987). · cites it 4× “the first sentence of 4 V.S.A. § 5: The term of office of the justices, except in case of an election or appointment to fill a vacancy, shall be for a term of two years from and including March 1 in the year of such election.”

— Vt. Stat. Ann. tit. 04, § 5(a) — 2 cases

Wolfe v. Yudichak, 571 A.2d 592 (Vt. 1990). “It argues that 4 V.S.A. § 5(a), which deals with concluding cases heard during the term of office of a justice or judge, does not apply and, therefore, that there is no power for District Judge Mahady to decide this case.”

Peck v. Douglas, 530 A.2d 551 (Vt. 1987). “the first sentence of 4 V.S.A. § 5: The term of office of the justices, except in case of an election or appointment to fill a vacancy, shall be for a term of two years from and including March 1 in the year of such election.”

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