Terms Used In Vermont Statutes Title 17 Sec. 1909

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

§ 1909. Review

(a) Within 30 days of the effective date of any apportionment bill enacted pursuant to section 1906b, 1906c, or 1907 of this chapter, any five or more voters of the State aggrieved by the plan or act may petition the Supreme Court of Vermont for review of same.

(b) The sole grounds of review to be considered by the Supreme Court shall be that the apportionment plan, or any part of it, is unconstitutional or violates section 1903 of this chapter.

(c) The Supreme Court may consolidate two or more appeals, as the interests of justice may require, with due regard for expediting decision in all appeals.

(d) The Supreme Court may designate one or more Justices, one or more Superior judges, or one or more masters, to take testimony and make findings of fact in any appeal or consolidated appeals under this section.

(e) In the event the Supreme Court allows any appeal upon one or both grounds set forth in subsection (b) of this section, it shall forward its opinion and decision to the General Assembly, which shall forthwith revise and correct the apportionment law in light of the Supreme Court’s decision, to conform to the requirements of law. The Supreme Court shall retain jurisdiction until the General Assembly has produced a plan conforming to all constitutional and statutory requirements, which plan shall thereupon become law.

(f) The review provided in this section shall be the original and exclusive review of legislative apportionment in the courts of this State. (Added 1965, No. 97, § 9; amended 1991, No. 116 (Adj. Sess.), § 12, eff. Feb. 13, 1992; 2019, No. 67, § 4.)