Rachel M. Malone

How Judge Malone rules, drawn from 9 signed orders. Every observation links to the order it came from.

Court
Vermont Superior Court
Position
State court judge
Appointed by
Phil Scott (Republican)
Commissioned
2023-12
Education
Case Western Reserve University (B.A., Philosophy and Theater, summa cum laude); Georgetown University Law Center (J.D.)
Signed orders read
9

About Judge Malone

Rachel M. Malone joined the Vermont Superior Court in 2023. Before her appointment, she served as a judicial master in Chittenden and Franklin Counties and helped develop a family treatment docket. She began her legal career as a public defender and earned her law degree from Georgetown University.

Judge Malone's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Malone's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Malone decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Londonderry Industrial Park v. Jamaica Cottage Shop, Malone granted the tenant’s motion for judgment after the landlord failed to prove that it had terminated the lease by the method the lease required.

“The court made the following findings on the record and granted tenant's motion.”

Procedural preferences

In Rivard v. Windham State Attorney, Malone dismissed a later suit arising from the same transaction as the plaintiff’s 2023 case and denied reconsideration.

“The civil division agreed and dismissed the complaint, concluding that this case involved the same transaction as the 2023 case.”

In Ferrazza v. North Branch Fire District #1, Malone dismissed a declaratory-judgment and mandamus suit because the plaintiff alleged only possible community harm and misuse of public funds, without a personal injury.

“The only harm plaintiff cited was potential harm to the community and possible misuse of public funds. This alleged harm was vague, general, and speculative, and it did not suffice to establish standing.”

In Rivard v. Windham State Attorney, Malone dismissed abuse-of-process and malicious-prosecution claims against prosecutors after finding the complaint failed to state those claims and the defendants had prosecutorial immunity.

“Finally, it held that defendants were entitled to prosecutorial immunity from these claims. It therefore granted defendants’ motion to dismiss the action.”

In a property purchase dispute, Malone excluded the seller’s proposed appraisal testimony after finding it irrelevant to the contract price and unsupported by a reliable method for critiquing the buyer’s appraisal.

“It therefore granted buyer’s motion to exclude Sargeant’s expert testimony.”

Cautions

In Dever v. Lee, Malone denied leave to amend because the proposed complaint repeated the deficiencies of the original pleading.

“It then denied plaintiff's motion to amend, reasoning that amendment would be futile because the proposed pleading had the same deficiencies as the original complaint.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

American Express National Bank v. Thomas McFeeley
25-CV-01102 (Windham Unit) · 2025
Summary judgment (plaintiff) Granted

“The court granted summary judgment, concluding that the materials in the record established that plaintiff was entitled to judgment in its favor.”

Jeffrey Rivard v. Windham State Attorney and Dana John Nevins
24-CV-04322 (Windham Unit) · 2025
Motions to dismiss (defendant) Granted

“The civil division agreed and dismissed the complaint, concluding that this case involved the same transaction as the 2023 case.”

Motion for reconsideration (plaintiff) Denied

“The court denied plaintiff's subsequent motion to reconsider.”

Jeffrey Rivard v. Windham State Attorney et al.
25-CV-02411 (Windham Unit) · 2025
Motions to dismiss (defendant) Granted

“It therefore granted defendants' motion to dismiss the action.”

Motion to vacate (plaintiff) Denied

“The trial court denied the motion because plaintiff's complaint failed to state a claim against Congdon in his individual capacity.”

Preliminary injunction (plaintiff) Denied

“it did not err in denying plaintiff's motion for a preliminary injunction.”

Thomas Ferrazza v. North Branch Fire District #1
24-CV-02110 (Windham Unit) · 2024
Motions to dismiss (defendant) Granted

“The court therefore granted the motion to dismiss.”

Suzanne Colvin v. Rhonda Jepson
24-ST-00327 (Windham Unit) · 2024
Motion to extend stalking order (plaintiff) Granted

“The court thus extended the order for one year with the same conditions.”

Zygmunt Dever v. Amalia Lee
24-CV-03531 (Windham Unit) · 2025
Motions to dismiss (defendant) Granted

“The trial court granted the motion.”

Motion to amend complaint (plaintiff) Denied

“It then denied plaintiff's motion to amend, reasoning that amendment would be futile because the proposed pleading had the same deficiencies as the original complaint.”

Jeffrey Rivard v. Town of Brattleboro et al.
24-CV-04975 (Windham Unit) · 2025
Motions to dismiss (defendant) Granted

“For these and other reasons, the court dismissed plaintiff's complaint with prejudice.”

Londonderry Industrial Park, Inc. v. Jamaica Cottage Shop, Inc.
24-CV-02523 (Windham Unit) · 2025
Motion for judgment on partial findings (defendant) Granted

“The court made the following findings on the record and granted tenant's motion.”

Jamaica Cottage Shop, Inc. v. Londonderry Industrial Park, Inc.
23-CV-01651 (Windham Unit) · undated
Motion to exclude expert testimony (plaintiff) Granted

“It therefore granted buyer’s motion to exclude Sargeant’s expert testimony.”

Summary judgment (plaintiff) Granted

“The court later granted partial summary judgment to buyer, concluding that seller breached the parties’ contract and granting buyer specific performance.”

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