The Side Judge

By Connie Cain Ramsey

 Photo by Special Collections, University of Vermont Libraries Martin Chittenden, Assistant Judge in 17--

Photo by Special Collections, University of Vermont Libraries
Martin Chittenden, Assistant Judge in 17--

 

A visitor to the Chittenden County Courthouse on Burlington’s Main Street will pass by two poster
boards denoting important events in our courthouse's history. As the Assistant Judge, these events piqued my curiosity, and so I began to research some of the stories in depth. As a result, in conjunction with the Burlington Free Press, I am happy to present the fourth installment of “The Chittenden County Courthouse Chronicles.”

 

The Side Judge
A History of Vermont's Assistant Judges

 

During the years prior to Vermont's statehood, the Circuit Judge (or traveling judge) presided over
the adjudication of Vermont laws. Independent-minded Vermonters, with the battle for statehood
fresh in their minds, were not quick to trust the traveling judges from New York and Boston as well
as British Colonial Judges, who travelled from their homeland to Vermont counties with little or no
chance to familiarize themselves with the communities they served.


Therefore, in crafting the Vermont Constitution, this need for “local knowledge,” resulted in
the establishment of the position of Assistant Judge. The Assistant Judge was to be a locally elected
citizen to act as an intermediary between the traveling judge and the local lawyers and townspeople.
These “lay judges” were not trained in law, but weighed in on matters of fact. One of the first Side
Judges was Martin Chittenden, son of Vermont's founder Thomas Chittenden. Martin went on to
become Chief County Judge, Congressman, and eventually Governor of the State of Vermont.


Each county was allotted two local Assistant Judges who sat on either side of the Circuit
Judge, thus the name “Side Judge” became the common term for Assistant Judge. The Side Judges
were familiar with the area and its people, and therefore could provide the itinerant judges with
relevant facts and considerations, while reassuring the townspeople that they had local
representation during each trial and subsequent judgement.


The Hamlin Trial – a Turning Point for Side Judges


Legally, two Side Judges can overrule the Presiding Judge as to factual findings. Such was the case
at the end of the trial of Louis Hamlin 3d, who was convicted in 1981 of sexually assaulting,
torturing and murdering a twelve-year-old schoolgirl, and sexually assaulting and torturing her
friend, who, left for dead, survived the horrific ordeal. The incident shocked the people of Essex
and surrounding Chittenden County, perhaps shattering the belief that Vermont was immune to
heinous crimes of this magnitude.


During the sentencing of Hamlin, the Presiding Judge accepted a plea bargain that gave him
a minimum sentence of 35 years. The two Side Judges overruled the decision, giving Hamlin the
maximum of 45 years – the harshest sentence ever given since the abolition of the death penalty.
The decision of the Side Judges reflected the outrage that the community expressed at the time of
this brutal and inhumane crime. The case was then sent to the Supreme Court. The defense argued
that Assistant Judges, being “lay judges,” lacked the legal training to weigh in on sentencing. The
Supreme Court countered by ruling that Assistant Judges, given their daily exposure to court trials,
receive a legal training that exceeds that of most juries.


Despite a two hundred year history of being an integral part of the Vermont judicial system,
with the Hamlin case came a new scrutiny of the power of the Side Judge. Feeling pressure from
defense lawyers, the laws were changed to limit the authority of the Side Judge, changing their
scope of power, so that Side Judges could no longer rule in criminal cases or any trial by jury.

 

The Survival of a Vermont Tradition


Today, the Vermont Senate continues to support the role of Assistant Judge that was established by
the Vermont Constitution at the birth of the fourteenth state. Although the days of the traveling
Circuit Judges are long gone, there is a parallel situation in today's judiciary due to the system of
yearly judge rotation between counties. Says Representative Dick Sears of Bennington: “Assistant
Judges are important because they are a link to the public...They know the communities, and in an
age where you have judges who rotate, there isn't that same familiarity.”


An Assistant Judge, once fully trained and certified by the State of Vermont, may preside
over uncontested divorces and in traffic court. They may also sit beside a robed Presiding Judge in
family and civil court – as long as there is no jury (the Side Judges and Presiding Judge constitute a
mini-jury).


The Assistant Judges also (with the help of the County Clerk) oversee the County
Courthouse budget, allocate county money to the Sheriff’s Department, maintain related buildings
and grounds, and handle County Courthouse administration.


The Assistant Judge continues to be an important link between the courts and communities
in Vermont today. They offer another “set of ears” and an alternative point of view the Presiding
Judge may not have considered. The opinions of Side Judges broadens the perspective of the
Presiding Judge prior to decision making, ultimately benefiting both the judge and the litigants.
 

Bob Boyd and Jack Ramsey contributed to this chronicle.

Sources:
Juvenile access
http://www.nytimes.com/1981/09/13/us/open-hearings-asked-for-murder-suspect-15.html
The appeal, part V
http://www.leagle.com/decision/1985544499A2d45_1541.xml/STATE%20v.%20HAMLIN
The appeal, part 13
http://vt.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19850705_0001.VT.htm/qx

As Printed:
http://bfpne.ws/1lV5eJu