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Lawmakers and judiciary raise larger question of state role in county-owned courthouses after multiple capital requests

2177372 · January 31, 2025
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Summary

Committee members and judiciary staff discussed decades-long ambiguity over county courthouse ownership and state investments, citing past HVAC upgrades and repeated county requests for capital funding.

Capital Budget Committee members used the Jan. 31 hearing to surface a broader issue: the mismatch between unified state court operations and a patchwork of county-owned courthouse buildings.

Greg Mosley, chief of finance and administration for the Vermont Judiciary, told the committee that the judiciary now operates as a unified superior court across civil, probate, family and criminal divisions but that ownership of many courthouses remains with counties. Mosley said the judiciary is required by statute to survey county capital needs, and the agency has done so this year.

Committee members and staff referenced a recent state-funded program that invested about $5.7 million to upgrade HVAC systems in a number of county-owned courthouses for public-health and safety reasons during the pandemic. Members said that program and other one-time state investments highlight the unresolved question of whether the state should assume ownership or long-term financial responsibility for buildings that house state court functions.

Several committee members noted the administrative awkwardness: counties generally provide buildings to the judiciary without rent and pay utilities, while the state has, at times, funded significant renovations. One member urged a longer-term review of the system of county-owned courthouses and possible policy changes that would clarify responsibility for capital maintenance and improvements.

Mosley and committee staff said the topic is broader than the committee’s immediate capital-markup calendar and would require coordination across multiple legislative committees and stakeholders. For the current cycle, staff said they would respond to questions about individual project schedules, county contributions and contingency assumptions and would return with requested details for each courthouse request.

No formal policy changes were proposed at the hearing; members asked staff to provide follow-up information and suggested the question be explored separately from the current capital deliberations.