House Judiciary chair tells Appropriations committee pre-charge diversion, transport deputies are top criminal-justice funding priorities

Rep. Martin Malone (D–South Burlington), chair of the Vermont House Judiciary Committee, told the House Appropriations Committee on Feb. 27 that his committee’s memo asks the Appropriations Committee to prioritize funding for pre-charge diversion, transport deputies and victim services to reduce court delays and backlog.

“Getting accountability in our courts, for deterrence purposes,” Malone said, summarizing the Judiciary Committee’s rationale. He said the committee voted 6–5 on the letter and that the split reflected disagreements about ordering and prioritization rather than the need for the items themselves.

The memo identifies three driving needs: sustain resources for criminal adjudication and defenders, bolster victim services because victim advocates have seen funding declines and longer waits in court, and expand access to civil-justice supports such as legal aid to address foreclosures, evictions and discrimination cases. Malone said pre-charge diversion and transport deputies were placed first and second in the committee’s priority list because of evidence the programs reduce court caseloads and speed case resolution.

Malone described program outcomes cited in the memo: pre-charge diversion has resolved an average of more than 600 cases a year over the last three years and diverts lower-level, often first-time, cases from formal court processing. He said studies cited by the committee show lower recidivism for first-time participants in diversion programs and that diversion is generally less costly than court proceedings.

The chair said the committee ranked pre-charge diversion ahead of additional state’s attorneys’ positions because the evidence of immediate impact on court flow was stronger for diversion, and because last year’s two‑year plan added judges and staff to start addressing backlogs. On transport deputies, Malone said testimony showed that having more deputies to transport detained people to court expedites hearings and case resolution; he noted testimony that vacancy-savings in the governor’s budget would reduce transport deputies and that several witnesses urged funding increases.

Malone acknowledged members who voted against the memo had different priorities and that some disagreed only with the order of items, not the need itself. He said the Judiciary Committee continues to gather data from newly added judges and staff to assess how staffing and funding changes affect backlog and processing times.

The committee memo described funding tiers; Malone said Tier 1 total requests were “around $11,000,000” above the governor’s recommendation but did not provide a full accounting on the floor. He also flagged a court diversion statistic that about 20% of misdemeanors currently go through diversion processes in some counties.

Malone asked Appropriations members to consider the committee’s priorities while noting the Judiciary vote was narrow. He urged further discussions among members about ordering and implementation as budget negotiations continue.