Vermont Statutes Title 13 Sec. 1460
Terms Used In Vermont Statutes Title 13 Sec. 1460
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
§ 1460. Juvenile defendants
(a) The general public shall be excluded from hearings held in the Civil Division of the Superior Court under this chapter where the defendant is under the age of 16. Only the parties, their counsel, the complainant, witnesses, and other persons accompanying a party for the party’s assistance, and such other persons as the court finds to have a proper interest in the case, or in the work of the court, may be admitted by the court. In such a case, there shall be no publicity given by any person to any proceedings under the authority of this chapter except with the consent of the defendant and his or her parent or guardian. The records in such a case shall be subject to the confidentiality provision of 33 V.S.A. § 5117. Upon its own motion or the motion of a party, the court may open the hearing for good cause shown, in consideration of relevant factors, including the likelihood that a court would make a determination that charges against the defendant with respect to the underlying crime on which the hate-motivated crime injunction is based should be heard in the Criminal Division of the Superior Court pursuant to 33 Vt. Stat. Ann. chapter 52.
(b) If the defendant is 16 to 17 years of age, the hearing shall be open to the general public. However, upon its own motion or the motion of a party, the court may close the hearing for good cause shown. If the court orders the hearing to be closed, the confidentiality provisions of subsection (a) of this section shall apply.
(c) If a hate-motivated crime injunction is issued under this section, the court shall give notice of the contents of the order to the complainant, and to any school personnel or other appropriate persons the court finds to have a proper interest in the case and whose knowledge of the contents of the order is reasonably necessary to ensure the defendant’s compliance with the order, regardless of whether the proceedings were open or closed to the general public. (Added 1999, No. 56, § 3; amended 2009, No. 154, § 238; 2013, No. 131 (Adj. Sess.), § 106.)