“It has been said, that at common law, a court possesses the inherent power to change the venue of a cause pending before it, when it clearly appears that a fair and impartial trial cannot be had in the county where the venue is laid, and statutes which specifically confer this power are merely declaratory of the common law.” (See State v. Stacy (1932) 104 Vt. 379, 388; Crocker v. Justices of Superior Court,208 Mass. 162, 94 N.E. 369, 375, et seq., 21 Ann. Cas. 1061.)
“At common law, a motion for change of venue was not to be granted on mere suggestion, or unless the reason was fully established.” (See id.)
“Change of venue, for example, is frequently referred to as a ready expedient for avoiding prejudicial publicity problems.” (See Herald Association, Inc. v. Ellison (1980) 138 Vt. 529, 534.)
“However, it is a remedy which should not lightly be resorted to.” (See id.)
“Quite apart from the added expense to the state and the taxpayers, and the burden and inconvenience to trial participants which it causes, a venue change erodes, at least in spirit, the defendant's right to trial by an impartial jury of the country.” (See id.)
“That provision is some recognition of a common law right to be tried locally, and has legislative implementation in our venue statutes.” (See id.)
“A defendant's interest in a fair trial is, of course, a compelling one.” (See State v. Densmore (1993) 160 Vt. 131, 138.)
As such, “a court may order that the place of trial be changed for the convenience of the parties, witnesses, or counsel and in the interest of justice.” (See Clark's Truck Center v. Smith (2009) 186 Vt. 284, 287.)
“We apply a deferential standard to a trial court's ruling on a motion for change of venue.” (See State v. Grega (1998) 168 Vt. 363, 370.)
“A request for a change of venue should be granted if the court is satisfied that there exists in the county or unit where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial there.” (See State v. Chenette (1989) 151 Vt. 237, 251-52.)
“It is provided that upon application made for a change of venue, the judge to whom the application is preferred, may, in his discretion, by an order in writing direct that the trial of such respondent be removed to and had in some other county named.” (See State v. Truman (1964) 124 Vt. 285, 289.)
“The decision of the trial court on a motion for change of venue is a discretionary one and will not be disturbed unless an abuse of discretion is shown.” (See State v. Girouard (1972) 130 Vt. 575, 584; see also State v. Truman (1964) 124 Vt. 285, 289, 204 A.2d 93, 96 [trial court's ruling on request for venue change will not be disturbed absent showing court abused its discretion].)
“In determining whether there has been an abuse of discretion the test is whether the discretion was exercised on grounds or for reasons clearly untenable, or to an extent clearly unreasonable.” (See State v. Truman (1964) 124 Vt. 285, 289.)
“However, the guaranty of a fair and unbiased trial may far outweigh any immediate practical advantage of keeping it within a county or district where the nature and measure of public outcry may affect the prospect for a fair trial.” (See State v. Girouard (1972) 130 Vt. 575, 584-85.)
It is well settled that “a defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived if it is neither made by motion under this rule nor included in a responsive pleading or an amendment thereof.” (See Myers v. Brown (1983) 143 Vt. 159, 165.)
It is also well settled that “the United States Supreme Court has long recognized that adverse publicity can endanger the ability of a defendant to receive a fair trial.” (See State v. Tallman (1987) 148 Vt. 465, 473.) However, “negative publicity, without a showing of prejudice, is insufficient to require the trial court to change venue.” (See State v. Billado (1996) 165 Vt. 615 [newspaper articles, even though denunciatory in character, are not in themselves sufficient to require change of venue, absent evidence of actual prejudice]; State v. Winters (1978) 136 Vt. 469, 470-71, 392 A.2d 429, 430 [proper denial of motion for change of venue where newspaper reporting on case was factually accurate for most part].)
Feb 28, 2024
Judgment (Other)
Hon. Burke, Alexander N
Rutland County
Rutland County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Feb 27, 2024
04/09/2024 Active - Answer Due
Franklin County
Franklin County, VT
Appeal - Other
Appeals
General Appeals
Nov 27, 2023
Consolidation
Grand Isle County
Grand Isle County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Sep 13, 2023
Consolidation
Grand Isle County
Grand Isle County, VT
Landlord/Tenant - Other
Property
Landlord-Tenant
Aug 14, 2023
08/25/2023 Active
Addison County
Addison County, VT
Appeal - Other
Appeals
General Appeals
Aug 14, 2023
08/25/2023 Active
Orleans County
Orleans County, VT
Appeal - Other
Appeals
General Appeals
Jul 13, 2023
Dismissal
Chittenden County
Chittenden County, VT
Collection - Non-Credit Card
Jun 30, 2023
12/20/2023 Active - Pretrial
Chittenden County
Chittenden County, VT
Tort - Malpractice Medical
Torts
Malpractice
Jun 09, 2023
10/09/2023 Disposed
Orleans County
Orleans County, VT
Prisoner Case - Other
Jun 08, 2023
12/05/2023 Active - Pretrial
Chittenden County
Chittenden County, VT
Tort - Malpractice Medical
Torts
Malpractice
May 12, 2023
09/14/2023 Disposed
Chittenden County
Chittenden County, VT
Collection - Non-Credit Card
May 09, 2023
07/25/2023 Active - Pretrial
Caledonia County
Caledonia County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Apr 17, 2023
Dismissal
Orleans County
Orleans County, VT
Prisoner Case - Other
Nov 03, 2022
05/03/2023 Disposed
Franklin County
Franklin County, VT
Appeal - Other
Appeals
General Appeals
Sep 15, 2022
03/17/2023 Disposed
Rutland County
Rutland County, VT
Collection - Credit Card
Aug 26, 2022
02/24/2023 Disposed
Chittenden County
Chittenden County, VT
Miscellaneous - Other
Jul 15, 2022
10/20/2022 Disposed
Addison County
Addison County, VT
Collection - Non-Credit Card
Jun 24, 2022
09/09/2022 Disposed
Orange County
Orange County, VT
Foreclosure - Residential
Property
Foreclosure
Apr 20, 2022
07/29/2022 Disposed
Chittenden County
Chittenden County, VT
Appeal - Other
Appeals
General Appeals
Apr 20, 2022
Voluntary Dismissal
Chittenden County
Chittenden County, VT
Appeal - Other
Appeals
General Appeals
Apr 11, 2022
08/24/2022 Disposed
Hon. Gerety, Robert P., Jr.
Windsor County
Windsor County, VT
Appeal - Other
Appeals
General Appeals
Apr 07, 2022
04/08/2022 Disposed
Caledonia County
Caledonia County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Apr 05, 2022
04/13/2022 Disposed
Orleans County
Orleans County, VT
Prisoner Case - Review of Governmental Action
Apr 04, 2022
07/07/2023 Active - Ready for Trial
Lamoille County
Lamoille County, VT
Tort - Personal Injury
Torts
Personal Injury
Apr 01, 2022
07/28/2022 Disposed
Hon. Gerety, Robert P., Jr.
Windsor County
Windsor County, VT
Collection - Non-Credit Card
Mar 29, 2022
09/26/2022 Disposed
Chittenden County
Chittenden County, VT
Appeal - Probate
Mar 23, 2022
07/29/2022 Disposed
Chittenden County
Chittenden County, VT
Appeal - Other
Appeals
General Appeals
Mar 22, 2022
12/30/2022 Disposed
Hon. Gerety, Robert P., Jr.
Windsor County
Windsor County, VT
Appeal - Other
Appeals
General Appeals
Mar 01, 2022
03/28/2022 Disposed
Franklin County
Franklin County, VT
Landlord/Tenant - Eviction
Feb 24, 2022
05/11/2022 Disposed
Orleans County
Orleans County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Feb 16, 2022
09/01/2022 Disposed
Addison County
Addison County, VT
Appeal - Other
Appeals
General Appeals
Jan 19, 2022
03/10/2022 Disposed
Rutland County
Rutland County, VT
Foreclosure - Residential
Property
Foreclosure
Jan 14, 2022
06/06/2022 Active - Mediation
Bennington County
Bennington County, VT
Tort - Intentional Tort
Torts
Intentional Torts
Dec 20, 2021
01/11/2023 Disposed
Washington County
Washington County, VT
Declaratory Judgment
Oct 20, 2021
04/26/2022 Disposed
Hon. Mello, Robert A.
Washington County
Washington County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Sep 07, 2021
11/29/2021 Disposed
Hon. Teachout, Mary M.
Addison County
Addison County, VT
Collection - Non-Credit Card
Sep 02, 2021
09/23/2022 Disposed
Hon. Gerety, Robert P., Jr.
Windsor County
Windsor County, VT
Foreclosure - Residential
Property
Foreclosure
Aug 04, 2021
05/04/2022 Disposed
Rutland County
Rutland County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Jul 08, 2021
03/04/2022 Active - Pretrial
Orange County
Orange County, VT
Real Property
Property
General Property
Mar 29, 2021
05/12/2021 Disposed
Chittenden County
Chittenden County, VT
Tort - Negligence
Torts
General Negligence
Mar 19, 2021
08/23/2021 Disposed
Hon. Gerety, Robert P., Jr.
Windsor County
Windsor County, VT
Contract - Other
Commercial
Breach of Contract
Mar 08, 2021
08/13/2021 Disposed
Rutland County
Rutland County, VT
Claim Against Gov. - Election
Jan 28, 2021
02/01/2021 Disposed
Chittenden County
Chittenden County, VT
Claim Against Gov. - Other
Jan 04, 2021
08/17/2021 Disposed
Rutland County
Rutland County, VT
Claim Against Gov. - Access to Records
Dec 23, 2020
03/07/2022 Disposed
Orleans County
Orleans County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Oct 28, 2020
03/07/2022 Disposed
Hon. Gerety, Robert P., Jr.
Windsor County
Windsor County, VT
Employment - Discrimination
Labor and Employment
Discrimination
Jul 13, 2020
10/07/2021 Disposed
Chittenden County
Chittenden County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Jun 08, 2020
11/22/2021 Disposed
Windham County
Windham County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Feb 07, 2020
11/03/2023 Active - Awaiting Order
Washington County
Washington County, VT
Small Claims for Conversion
Torts
Economic Torts
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