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 It is a statewide
judicial bureau with special jurisdiction created to impartially resolve
disputes pertaining to municipal ordinance violations and other non-criminal
civil violations.
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A complaint is a written
allegation by a municipal official claiming a person or organization
violated a municipal ordinance. Municipal ordinances pertain to animal
control, public nuisances, junkyards, recycling, liquor control, health
regulation, zoning and many other situations. 24 VSA 1971-1981 or Municipal
Charter.
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If the violation is
charaged on a municipal complaint, it is a civil infraction. The maximum
penalty under Vermont law for such violation is $500 with no term of
imprisonment. 24 VSA 1974a(a).
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Must I answer the municipal complaint within 20 days?
Yes. If you fail to
return a copy of the complaint with your plea within 20 days, the bureau
will enter judgment and assess the waiver penalty shown on the complaint. If
you do not deny the violation, enter a plea of "ADMIT or DO NOT CONTEST" and
pay the penalty. If you deny the violation, enter a plea of "DENY"and a
hearing will be scheduled. 24 VSA 1978(a). Before answering the
complaint read all the information contained on the back of the complaint.
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You will need to file a "Motion" with the
Clerk’s office at the Judicial Bureau in White River Junction. A motion is a
request in writing asking the Court to consider doing something specific in
your case. All motions must identify the request and give specific reasons
for the request. You may use the Judicial Bureau Motion form #442 by
clicking here.
Once completed and filed with the Clerk’s office in White River Junction
the motion will be put before the Court for a decision as to how to handle
the motion. You will receive an answer or hearing notice depending on how
the Court rules.
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Must I appear at the Judicial Bureau after receiving a
municipal complaint?
You have a choice. If
you plead "ADMIT or DO NOT CONTEST", you may pay the penalty without
appearing at the Judicial Bureau. If you plead "DENY", at least one bureau
appearance will be required. 24 VSA 1978(d).
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If you are truly unable
to pay the penalty within 20 days, you may file a motion for Extension of
Time to Pay Fine. You must include the reason for the extension and a
date by which you will be able to have the fine paid in full. You may
contact the Judicial Bureau for a motion form, or
click here to get the
fill-able form online. Not if you are under the age of 18 at the
time of entering your parent or guardian must sign the answer also.
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If I plead "DENY", may I explain my case to a hearing
officer by mail or telephone?
No. Hearing officers
will not communicate with you about the facts of the case unless you and the
municipal official appear at a scheduled hearing after entering a DENY plea.
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Yes. The municipal
official that issued the complaint is the prosecutor. You and that official
may communicate about the case at any time. The name of the municipal
official is on the complaint.
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Yes. The Judicial Bureau
was designed to let you represent yourself, but you may hire a lawyer at
your own expense. The bureau will not appoint a lawyer to represent you at
State expense.
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The bureau will mail you
and the municipal official a notice of hearing. The notice will state the
time, date and location for the hearing. A hearing is a trial by hearing
officer. At the hearing, the municipality will offer testimony about the
case, and then you may testify. You and the municipality may bring witnesses
and exhibits. After receiving all the evidence, the hearing officer will
make a decision. The hearing officer may tell you the decision immediately
or mail a written decision on a later date. If the hearing officer decides
the case in your favor, you will not be penalized. If the hearing officer
decides in the municipality's favor, you will be penalized. The penalty
commonly is the same as shown on the complaint, but may be higher or lower
depending on the facts of your case, your record of other violations and
your ability to pay. Note: If you are under the age of
18 at the time of your scheduled hearing you will need to have a
parent or guardian present.
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No. If the municipal official appears and you do not, the Judicial
Bureau Hearing Officer will enter default judgment for the municipality. 24
VSA 1978(e). You will be assessed the penalty stated on the complaint. The
Judicial Bureau will mail you a notice stating the deadline for paying the
penalty. If you do not pay the penalty on time, the municipality may use all
lawful civil remedies to collect the penalty and enforce the bureau's order.
24 VSA 1981.
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The first trial is a
hearing by hearing officer. You or the municipality may appeal the hearing
officer's decision. If you appeal, you may file a written request for a jury
trial. Vermont law requires the bureau to charge a $75.00 non-refundable fee
for each appeal. If you are truly unable to pay the fee, you may file an In
Forma Pauperis. Contact the Judicial Bureau for a form. You do not
have to pay the penalty during the appeal. 24 VSA 1980(a).
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Yes. The ordinance is
identified on the complaint. You may review a copy of the ordinance at the
city, town or village clerk's office in the municipality where the violation
occurred.
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Yes. The Judicial Bureau
will mail all notices to the address shown on the complaint, unless you
notify the Judicial Bureau about your new address.
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The municipality has the
burden of proving its allegations by clear and convincing evidence. Clear
and convincing evidence means evidence which establishes the truth of the
facts asserted is highly probable. The municipality's burden of proof in a
municipal civil case is lower than the burden in a criminal case and higher
than in an ordinary civil case. Depending on the facts and the law involved
in your case, you may have a high or low chance of success in Judicial
Bureau. If you are having difficulty deciding whether to contest the
complaint, you may want to consult an attorney.
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How Do I respond to the complaint?
Pay by credit
card online or return the Judicial
Bureau's copy of the complaint with your plea. If you plead "ADMIT or DO NOT
CONTEST", enclose your penalty payment. Please write the complaint number on
your check or money order. DO NOT SEND CASH. If your address shown on the complaint is
not correct, enclose your current address. Mail correspondence to:
Judicial Bureau
P.O. Box 607
White River Junction, VT 05001
For more information, please call 802-295-8869 between 8:00 a.m. and 4:30
p.m., Monday through Friday.
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