Vt. Sup. Ct. Admin. Directive 24

December 2024 Amendment to Supreme Court

Administrative Directive No. 24 December Term, 2024

Administrative Directive No. 24 is amended as follows (new matter underlined; deleted matter

overstruck):

CRIMINAL CASE DISPOSITION GUIDELINES

The management of the flow of cases in the Criminal Division of the Superior Court is the

responsibility of the judiciary. In carrying out that responsibility, the judiciary must balance the

rights and interests of individual litigants, the limited resources of the judicial branch and other

participants in the justice system, and the interests of the citizens of this state in having an

effective, fair, and efficient system of justice.

A. The State Court Administrator and Administrative Judge for Trial Courts Chief

Superior Judge are directed, within available resources, to:

1. Assist the Criminal Division of the Superior Court in implementing

caseflow management plans that incorporate case processing time

guidelines established pursuant to this directive;

2. Gather information from the Criminal Division on compliance with case

disposition guidelines; and

3. Assess the effectiveness of management plans in achieving the guidelines

established by this directive.

B. The Criminal Division in each unit of the Superior Court are directed to:

1. Maintain current caseflow management plans consistent with case

processing time guidelines established in this directive;

2. Collect and maintain accurate caseflow management data;

3. Cooperate with the Administrative Judge for Trial Courts Chief Superior

Judge and Court Administrator’s Office in assessing caseflow

management plans implemented pursuant to this directive.

The following amended time guidelines for case processing are provided as goals for the

administration of court caseloads. These guidelines do not supersede procedural requirements in

court rules or statutes for specific cases, or supersede reporting requirements in court rules or

statutes. These amended guidelines replace in their entirety the guidelines adopted by the Court

on August 19, 2004. The guidelines were amended to provide the Criminal Division of the

Superior Court and the Court Administrator’s Office with time standards that may be easily

monitored and tracked are easier to monitor and track statistically.

Criminal Case Disposition Guidelines

a. Misdemeanors (with a maximum sentence of less than one year of

imprisonment): adjudicated within 180 days. 60% should be adjudicated

within 9 weeks (63 days) from the date of first arraignment; 70% within

13 weeks (91 days); and 100% within 18 weeks (126 days).

b. Felonies and Other Misdemeanors: adjudicated within 365 days. 70%

should be adjudicated within 18 weeks (126 days) from the date of first

arraignment; 80% within 26 weeks (182 days); and 100% within 12

months.

This directive is effective immediately.

Done in Chambers at Montpelier, Vermont this 16th day of December, 2024.

_____________________________________

Paul L. Reiber, Chief Justice

_____________________________________

Harold E. Eaton, Jr., Associate Justice

_____________________________________

Karen Carroll, Associate Justice

Signed by the Vermont Supreme Court _____________________________________

William D. Cohen, Associate Justice

_____________________________________

Nancy J. Waples, Associate Justice

Disposition Timelines for Criminal Cases

Misdemeanors: Felonies

Track I (standard track): 100% in 120 days Track I (standard track): 100% in 180 days

Track II (complex track): 100% in 180 days Track II (complex track): 100% in 365 days

Track III (supercomplex): 100% in 455 days

Complex Factors:

Misdemeanor: Interpreter; competency evaluation; jury trial; PD conflict at or after 1st calendar call.

Felony: Interpreter; competency evaluation; jury trial; PD conflict at or after 1st calendar call;

pro se defendant; juvenile victim; multiple victims; out of state witnesses; co-defendants; PSI.

Super Complex

Felony Track: Fatality or Life Sentence.

Misdemeanors

0 30 Days 60 Days 90 120 150 180

1 month 2 months 3 months 4 months 5 months 6 months

Misdemeanors – Track I

Arraignment Calendar Call Motion hearing Jury Draw Sentence Imposed

COR issued Motion filing Motion decision Change of Plea or if contested

deadline issued Trial Held Cases disposed

0 30 Days 60 Days 90 120 150 180

1 month 2 months

Misdemeanors – Track II

Arraignment Calendar Call 2nd Calendar Call – if Motion hearing PreTrial Sentence

COR issued Motion filing necessary Motion decision Jury Draw Imposed

Bail set deadline issued Change of Plea if contested

or Cases Disposed

Trial Held

PSI Ordered if

requested

Felonies

30 Days

1 month

60 Days

2 months

3 months

4 months

5 months

6 months

Felonies – Track I

Arraignment

COR issued

1st Status Conf

2nd Status Conf

Discovery

Complete

PreTrial Motions

Filed

3rd Status Conf

Motion hearing

held

Motions Decided

PreTrial Hearing

Jury Draw

Change of

Plea or

Trial Held

Sentence

Imposed

if contested

Case

disposed

45 Days

1.5 months

90 Days

2 months

8 Months

9 Months

One year

Felonies – Track II

Arraignment

COR issued

Bail set

Bail/HWOB

Hearing Held

1st Status Conf

Discovery

Schedule

Issued

2nd Status

Discovery

Complete

PreTrial Motions

Filed

3rd Status

Motion hearing

held

Motions decided

Pre Trial Hearing

Jury Draw

Change of

Plea or

Trial Held

PSI Ordered

Sentence

Imposed

if contested

Cases Disposed

60 Days

2 months

180 Days

6 months

8 Months

10 Months

1 Year

1 Year, 3 Months

Felonies – Track III

Arraignment

COR issued

Bail set

Bail/HWOB

Hearing Held1

1st Status Conf

Discovery

Schedule

Issued

2nd Status

3rd Status

Discovery

Complete

PreTrial Motions

Filed

Motion hearing

held

Motions decided

Pre Trial Hearing

Jury Draw

Change of

Plea or

Trial Held

PSI Ordered

Sentence

Imposed

if contested

Cases Disposed

1 If defendant is held without bail, 13 V.S.A. §7553a requires trial within 60 days unless time frame is waived.