§ 5236. Determination of financial need

(a) The determination whether a person covered by sections 5231-5234 of this title is a needy person shall be deferred until his or her first appearance in court or in a suit for payment or reimbursement under section 5255 of this title, whichever occurs earlier. Thereafter, the court shall determine, with respect to each proceeding, whether the person is a needy person. As used in this section, an appeal is a separate proceeding. The determination of need, for purposes of an appeal, shall be based on a separate application submitted on or after the date of the order appealed from, except that an appeal from a proceeding under 33 V.S.A. chapter 51, 52, or 53 is not a separate proceeding and does not require a separate application.

(b) In determining whether a person is a needy person and the extent of his or her ability to pay, the court may consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents as specified in rules of the Supreme Court adopted pursuant to section 5204 of this title. Release on bail does not necessarily disqualify a person from being a needy person. In each case, the person, subject to the penalties for perjury, shall certify in writing or by other record such information relating to ability to pay as the Supreme Court prescribes.

(c) A determination of whether a person is a needy person under this section shall be made by the clerk of the court, or any other judicial officer of the court. After review of the initial determination by the presiding judge of the trial court the applicant, the State, or the Office of the Defender General may appeal the determination to a single Justice of the Supreme Court of this State, in accordance with the rules of the Supreme Court.

(d) In determining whether a person is a needy person under this section and the extent of the person's ability to pay, the clerk of court or the judicial officer who is making that determination may require the applicant to provide proof of income at a time to be determined by the clerk or judicial officer.

(e)(1) The Commissioner of Taxes or the Commissioner's designee, when requested by the clerk of court or the judicial officer, shall furnish the requester with a nonspecific report of the adjusted gross income as shown on the Vermont tax return of the applicant or, in the case of a joint return, the applicant and the applicant's spouse as it relates to the federal poverty income guidelines in effect as of December 31 of the year for which the tax information is requested. Such report shall only identify whether the income of the applicant (or the applicant and the applicant's spouse in the case of a joint return) is at or below the federal poverty income guidelines applicable to family size or is within the following percentages of those guidelines:

101-124%

125-150%

151-175%

176-200%, or

over 200%

(2) Information furnished to the requester shall be made available to the applicant and the court.

(f) Any financial information furnished or disclosed under subsections (d) and (e) of this section shall be confidential and available for review only by the clerk or judicial officer or the person submitting the financial information. In the event of an appeal, any identifying information shall be confidential and not made part of the public record.

(g) A person who knowingly violates subsection (f) of this section shall be fined not more than $500.00, and shall be liable in a civil action for any damages resulting from improper disclosure. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1987, No. 266 (Adj. Sess.); 1991, No. 231 (Adj. Sess.), § 1; 1993, No. 60, § 57; 1995, No. 178 (Adj. Sess.), § 62; 1997, No. 45, §§ 1, 2, eff. June 19, 1997; 1997, No. 139 (Adj. Sess.), § 3; 1997, No. 156 (Adj. Sess.), § 25, eff. April 29, 1998; 2013, No. 131 (Adj. Sess.), § 108.)