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Promulgated Amendments to Rules of Admission
Promulgated_RulesofAdmission6_7_b__9_g__9_h__1__2__13_a__3__13_b__2__B__13_b__3__B_and13_b__4__C_Use SHIFT+ENTER to open the menu (new window).
Amendments to the Rules of Admissions
Promulgated11/17/091/18/2010
43
Deb Laferriere12/15/2009 11:01
Promulgated Emergency Amendment to Administrative Order No. 38
PROMULGATEDAmendmentToAO38onvideotestimonyUse SHIFT+ENTER to open the menu (new window).
Adds §IV-Utilization of Video Testimony pursuant to V.R.E. 807(e) in Bennington Dist/Family Crts.  ABA grant will purchase equipment for one-way transmissions, a more effective and less traumatic way to obtain testimony from child victims.   
Promulgated1/14/20101/14/2010
47
Deb Laferriere1/21/2010 8:15
Order Abrogating Administrative Order No. 37
PROMULGATEDAO37abrogatedUse SHIFT+ENTER to open the menu (new window).
Administrative Order No. 37 (Experimental Rule for Mandatory Legal Education Proceedings in all Courts in Chittenden County) is abrogated.
Promulgated12/10/0912/10/09
46
Deb Laferriere1/21/2010 7:59
Emergency Amendment to A.O. 38
Promulgated-dec1708-A.O.38amendmentUse SHIFT+ENTER to open the menu (new window).
This will allow video conferencing on a case by case basis as well as county by county basis.  This amendment will allow the Court to take appropriate steps to reduce the costs of transports of lodged defendants in the face of economic exigencies.
Promulgated12/17/081/1/09
36
Jweb3\closo2/21/2009 13:14
Emergency Amendments to V.R.C.P. 77(d)), V.R.Cr.P. 56(d) and V.R.P.P. 77(d) and V.R.A.P 45(c)
Promulgated-dec1708-vrcp77(d)_vrcrp56(d)_vrpp77(d)_vrap45(c)noticebyclerkUse SHIFT+ENTER to open the menu (new window).
Emergency amendments to V.R.C.P. 77(d), V.R.Cr.P. 56(d) and V.R.P.P. 77(d) and V.R.A.P 45(c) to allow the Court to take appropriate steps to reduce the costs of service in the face of economic exigencies.
Promulgated12/17/081/1/09
35
Jweb3\closo2/21/2009 13:14
Emergency Amendment to V.R.C.P. 80.1(b)(3)(b)
Promulgated-dec1708-vrcp-80-1(b)(3)-foreclosureUse SHIFT+ENTER to open the menu (new window).
Emergency Amendment to V.R.C.P. 80.1(b)(3)(b) to require the service of a notice to homeowners facing foreclosure of free resources available to assist them in trying to arrange to keep their homes.
Promulgated12/17/081/1/09
34
Jweb3\closo2/21/2009 13:14
Amendments to V.R.C.P Form 1 A and V.R.E.C.P. 5(b)(3) and (d)(2)
Promulgated-dec1708-vrcp-f1A_vrecp5(b)(3)and(d)(2)Use SHIFT+ENTER to open the menu (new window).
Amendments to V.R.C.P Form 1A (which simlified the form) and V.R.E.C.P. 5(b)(3) and (d)(2) (which corrected a drafting error in the original rule).
Promulgated12/17/082/17/09
33
Jweb3\closo2/21/2009 13:14
Emergency Amendments to Vermont Rules of Family Procedure
Promulgated-dec1708-VRFP-Act185ChangesUse SHIFT+ENTER to open the menu (new window).
This incorporates changes made necessary by enactment of Act No, 185 of 2007 (Adj. Session) which  repealed 33 V.S.A. Chapter 55 covering juvenile proceedings and replaced it with 33 V.S.A chapters 51-53.
Promulgated12/17/081/1/09
32
Jweb3\closo2/21/2009 13:14
Emergency Amendments to the Vermont Rules of Probate Procedure Forms 72 and 80
Promulgated-dec1708-vrppforms72and80Use SHIFT+ENTER to open the menu (new window).
Changes to Forms 72 and 80 made it necessary to implement recent amendments to 14 V.S.A Chapter 111, enacted by Act 186 of 2007 (Adj. Session).
Promulgated12/17/081/1/09
31
Jweb3\closo2/21/2009 13:14
Emergency Amendments to Vermont Rules of Appellate Procedure and Administrative Order No. 4
PROMULGATEDEMERGENCYvrap3_d__8_c__2__10_b__7__26_b__d__ao4_c__1_-2Use SHIFT+ENTER to open the menu (new window).
Emergency Amendments to the Vermont Rules of Appellate Procedure and A.O. 4 which incorporate rule changes made necessary by the enactment of Act No. 185 of 2007 (Adj. Sess.).
Promulgated6/17/096/17/09
37
Deb Laferriere12/15/2009 11:00
Amendments to Vermont Rules of Civil, Appellate and Small Claims Procedures
Promulgated-feb0508-vrcp4.2(j)(3)62(a)(4)VRAP27etal_vscp3(e)Use SHIFT+ENTER to open the menu (new window).
V.R.C.P 4.2(j)(3), Trustee Process Against Earnings, is amended to make clear that the creditor, not the court, must serve a trustee summons against earnings on the trustee. V.R.C.P. 62(a)(1) and (4), Stay of Proceedings to Enforce a Judgment,  make clear that, just as in original actions in the probate courts, there is no automatic stay of the listed orders when the decision of a probate appeal in the superior court is appealed to the Supreme Court.  V.R.A.P. 27(d), Motions, is amended to state that the form of a motion is governed by Rule 32(c), which covers motions and other papers, and is simultaneously amended to modernize the format specifications. V.R.A.P 28(c), Reply Briefs, is amended consistent with Fed. R. App. P. 28.1(4) to clarify that in cases involving cross appeals, the reply brief of the appellee is limited to the issues presented by the cross appeal. V.R.A.P 28(h), Length of Briefs, is amended to reflect that page/text limitations in general are now contained in V.R.A.P 32(a)(7). V.R.A.P 28.2(d), Citations, is added to permit citation of unpublished judicial dispositions. The caption of V.R.A.P 31 is amended so that the provisions of Rules 31(d), (e), on disqualification can be more easily located. V.R.A.P 31(a), Time for Serving and Filing Briefs, is amended to state that the reply brief of the appellee in a case with a cross appeal must be served and filed within 20 days after service of the reply brief of the appellant. V.R.A.P 31.1 has been abrogated.  Its content is now set forth as V.R.A.P. 32(b). V.R.A.P 32, Form of Briefs, the Printed Case, and Other Papers, has been abrogated and replaced with a modernized version to regulate the form and length of briefs and printed cases and the form of motions and other papers. V.R.S.C.P. 3(e), Pleadings, Service of Pleadings, Default by Defendant, is amended to make clear that the affidavit supporting a motion for default judgment must be signed personally by the plaintiff or a person with personal knowledge of the facts attested to. V.R.F.P. 1(f)(3) and 2 (f) and 3 (a) (promulgated 1/11/08; effective 3/11/08
Promulgated02/05/084/7/08
13
Jweb3\closo2/21/2009 13:15
Amendment to Administrative Directive 26
Promulgated-jan1309-26.juvenilecourtcasedispositionguidelinesUse SHIFT+ENTER to open the menu (new window).
Family Court Case Disposition Guidelines for Juvenile Docket.
Promulgated01/13/09Immediately
37
Christine Loso3/16/2009 13:52
Emergency Amendments to Vermont Rules of Criminal Procedure 5(f) and 18
Promulgated-jan1409-amendingVRCRPRules5_f_and18Use SHIFT+ENTER to open the menu (new window).
The amendments to Rule 5(f) and 18 enable a court to reduce the costs of transporting defendants for their first court appearance and arraignment by ordering the defendant to appear in the court nearest the correctional center in which the defendant is detained.
Promulgated01/14/092/1/09
38
Jweb3\closo2/21/2009 13:15
Emergency Amendment to Administrative Order No. 18
Promulgated-jan1409-AmendmentAO18Use SHIFT+ENTER to open the menu (new window).
Title 4 V.S.A. § 355 provides that a probate judge of another district may perform the duties of a probate judge when that judge is incapacitated.  The amendment to Administrative Order No. 18 adds § 4(a)(3) in order to establish a mechanism for the Administrative Judge to designate which probate judge will be assigned to perform those duties
Promulgated01/14/09Immediately
12
Jweb3\closo2/21/2009 13:15
Emergency Amendments to Rule 53.1(f) of the Vermont Rules of Criminal Procedure, and Rule 79.3(f) of the Vermont Rules  of Civil Procedure
Promulgated-jul2108-vrcp79_vrcrp53_correctcaptionemergencyUse SHIFT+ENTER to open the menu (new window).
Emergency Amendments to Rule 53.1(f) of the Vermont Rules of Criminal Procedure, and Rule 79.3(f) of the Vermont Rules  of Civil Procedure
Promulgated07/21/08Immediately
23
Jweb3\closo2/21/2009 13:15
Emergency Amendment to Rule 16(e) of the Vermont Rules of Criminal Procedure
Promulgated-jul2108-vrcrp16_e_emergencyUse SHIFT+ENTER to open the menu (new window).
Emergency Amendment to Rule 16(e) of the Vermont Rules of Criminal Procedure
Promulgated07/21/08Immediately
22
Jweb3\closo2/21/2009 13:16
Amendment to § 3 of the Rules for Mandatory Continuing Legal Education
Promulgated-jun17-08- MCLE3Use SHIFT+ENTER to open the menu (new window).
This amendment requires that in addition to the two hours on legal ethics CLE, at least two of the twenty hours of accredited continuing legal education required during each two year compliance period be devoted to education specifically in the area of professionalism.
Promulgated06/17/088/18/08
21
Jweb3\closo2/21/2009 13:16
Amendments to § 4(a), 6(a), (b), (c), (e) and (i) and 8(a) of the Rules for Mandatory Continuing Legal Education
Promulgated-jun1708- mclerule4a123_6abcei8aUse SHIFT+ENTER to open the menu (new window).
The amendment to Rule 4 clarifies credit available for programs involving electronic media and self study.  The amendments to Rule 6 aligns the CLE reporting period with the attorney licensing reporting period and also corrects two typographical errors.  The amendment to Rule 8 updates the title of the rules regarding licensing of attorneys and aligns the report period with the attorney licensing rules.
Promulgated06/17/088/18/08
20
Jweb3\closo2/21/2009 13:16
Amendments to § 7(e)(3) of the Rules of Admission
Promulgated-jun1708- rulesofadmission7_e_3Use SHIFT+ENTER to open the menu (new window).
This amendment specifies that a minimum of six of the fifteen continuing legal education hours must be earned by attendance at live cources.  The six-hour "live" continuing legal education requirement reflects a policy decision that the Board of Bar Examiners made at the inception of the reciprocal admission process several years ago and has been applied consistently since that time.  This is also consistent with the Vermont Mandatory Continuing Legal Education Board's requirement of attorneys to attend at least 10 live CLE credits each reporting period out of the 20 which are required to maintain their license.
Promulgated06/17/088/18/08
19
Jweb3\closo2/21/2009 13:16
Emergency Amendments to V.R.A.P.10.1,12.1, V.R.Cr.P.53.1 and V.R.C.P79.3
Promulgated-jun1708-vrap10.1_12.1_vrcp79_vrcrp53_emergencyUse SHIFT+ENTER to open the menu (new window).
These amendments amend the rules to include all electronically recorded proceedings.  Courts now record proceedings on digital video discs (DVD) in addition to videotape.
Promulgated06/17/08Immediately
18
Jweb3\closo2/21/2009 13:16
Emergency Amendments to V.R.A.P 32(a)(5) and 7(C) and 32(c)
Promulgated-jun1708-vrap32(a)(5)(7)(C)_emergencyUse SHIFT+ENTER to open the menu (new window).
V.R.A.P 32(a)(5) specifies typefaces approved for a brief in order to  provide greater readability; V.R.A.P 7(C) corrects an erroneous cross-reference; and V.R.A.P Rule 32(c) deletes reference to page limitations in subdivision (a) (7) which now limits the number of words, not pages. 
Promulgated06/17/08Immediately
17
Jweb3\closo2/21/2009 13:16
Amendments to the Rules of Professional Conduct
PROMULGATED-JUN1709-VRPCUse SHIFT+ENTER to open the menu (new window).
Amendments to the Rules of Professional Conduct incorporate comprehensive and significant changes to the American Bar Association's Model Rules of Professional Conduct that were adopted by the VBA House of Delegates in 2001-2003.
Promulgated6/17/20099/1/09
42
Deb Laferriere6/23/2009 6:13
Amendment to Administrative Order No. 30
Promulgated-mar1308-AO30mendmentRutlandFamilyCourtLocationUse SHIFT+ENTER to open the menu (new window).
This amendment corrected the location of the Family Court in Rutland County.
Promulgated03/13/0805/12/08
16
Jweb3\closo2/21/2009 13:16
Order promulgating Amendment to Vermont Rules of Civil Procedure.  Paragraph 2 of the Court's order of February 6, 2006, relating to Rule 79.1 (h), Limited Appearance of Attorneys
Promulgated-mar1308-VRCP79.1(h).amendparagraph2_extendruleUse SHIFT+ENTER to open the menu (new window).
Paragraph 2 of the Court's order of February 6, 2006, relating to Rule 79.1 (h), Limited Appearance of Attorneys, has been amended to extend the effective date until April 10, 2009.  The date for the Civil Rules Committee to report on the experience under V.R.C.P. 79.1(h) has been also extended until September 12, 2008.
Promulgated03/13/08
15
Jweb3\closo2/21/2009 13:17
Order making permanent Rule 80.10 of the Vermont Rules of Civil Procedure and the emergency amendment to Rule 3(c)(6) of the Vermont Rules of Criminal Procedure
Promulgated-mar1308-VRCP80.10andVRCrP3(c)(6)EmergencyMadePermanentUse SHIFT+ENTER to open the menu (new window).
These emergency amendments and emergency rules, which implement legislation giving the superior court jurisdiction of proceedings on requests for orders against stalking and sexual assault by persons other than family or household members, have been made permanent.
Promulgated03/13/0805/12/08
14
Jweb3\closo2/21/2009 13:17
Administrative Directive No. 28 – Electronic Devices in a Courthouse
Promulgated-nov1208-ad28electronicdevicesincourthousesUse SHIFT+ENTER to open the menu (new window).
This directive establishes a policy for the use of electronic devices in a courthouse. 
Promulgated11/12/081/2/09
30
Jweb3\closo2/21/2009 13:17
Amendments to Rules 24(f) and 43(c) of the Vermont Rules of Criminal Procedure
Promulgated-nov1208-vrcrp24(f)and43(c)amendedUse SHIFT+ENTER to open the menu (new window).
The amendment adding Rule 24(f) was made to permit the court to select a sufficient number of jurors to make up both a jury of twelve and between one and four alternates without predetermining the identity of the alternates.  The amendment to V.R.Cr.P. 43(c) clarifies that the defendant’s presence is not required at a conference or argument on a question of law.  Under the amended rule, the defendant’s presence is required only at those proceedings specified in subdivision (a) or otherwise would be ordered by the court. 
Promulgated11/12/081/11/09
29
Jweb3\closo2/21/2009 13:17
Amendment to Vermont Rules 1(j) and Amendment to Rule 3(a)(3)
Promulgated-nov1208-VRFP1(j)and3(a)(3)Use SHIFT+ENTER to open the menu (new window).
Order Promulgating Amendment to Vermont Rules 1(j) (Promulgated November 12, 2008, effective January 12, 2009) and   Amendment to Rule 3(a)(3) for Family Proceedings. (Promulgated November 12, 2008, effective immediately) Rule 1(j) is added to provide a procedure governing withdrawal of an admission of delinquency comparable to the provisions of V.R.Cr.P. 32(d) for plea withdrawal in a criminal case.  Rule 3(a)(3) is amended to amended to make clear that the rule applies to a single parent as well as to parents.
Promulgated11/12/08Rule 1(j), 1/12/09, and Rule 3(a)(3), Effective Immediately
28
Jweb3\closo2/21/2009 13:17
Emergency Amendments to rule 3(c)(6) of the Vermont Rules of Criminal Procedure, and Rules 6(b)(34)(35) of the Public Access to Court Records
Promulgated-oct0108-vrcrp3(6)vrpa6(b)(34)(35)emergencyUse SHIFT+ENTER to open the menu (new window).
These emergency amendments were made to conform with amendments made by the Legislature to Vermont Rule of Criminal Procedure 3(c)(6) and Vermont Rules for Public Access to Court Records 6(b)(34) and (35). See 2007, No. 185 (adj. Sess.), §§ 6 and 7.
Promulgated10/01/08Immediately
25
Jweb3\closo2/21/2009 13:17
Emergency Amendment to Rule 56(c) of the Vermont Rules of Criminal Procedure
Promulgated-oct0108-vrcrp56(c)emergencyUse SHIFT+ENTER to open the menu (new window).
This emergency amendment was made to enable the Supreme Court to establish by Administrative Directive the number of hours that each clerk’s office must be open. The Court has needed to reduce hours for budgetary reasons. It conforms the criminal rule to the corresponding civil rule (V.R.C.P. 77(c)).
Promulgated10/01/08Immediately
24
Jweb3\closo2/21/2009 13:17
Emergency Amendment to Administrative Order No.1 Regulations for Nomination and Election of Attorneys to the Judicial Nominating Board
Promulgated-oct0608-A.O.1.amend.deletesection5Use SHIFT+ENTER to open the menu (new window).
The Supreme Court amended Administrative Order No. 1 to conform A.O. 1 with Title 4 V.S.A. § 601(b)(5). 
Promulgated10/06/08Immediately
27
Jweb3\closo2/21/2009 13:18
Amendments to Rule 7(2) of Supreme Court for Disciplinary Control of Judges
Promulgated-oct0608-jcb7(2)deferreddisciplineextendUse SHIFT+ENTER to open the menu (new window).
This rule was originally added effective January 1, 2002, and extended through June 30, 2008. During the second extension, the Board imposed one additional deferred discipline agreement. The Board’s experience with that agreement was also positive. This amendment promulgated on October 6, 2008, extends the rule for another two year period, and allows disciplinary agreements to be entered into under this rule for complaints filed since July 1, 2008 and June 30, 2010. Notwithstanding the confidentiality provisions of Paragraph 1, on or before April 10, 2010, the Court has directed the Judicial Conduct Board to submit a confidential report to the Supreme Court detailing the Board’s experience with the rule and a recommendation on whether the rule should become permanent. 
Promulgated10/06/08Immediately
26
Jweb3\closo2/21/2009 13:18
Order Promulgating Amendments to V.R.F.P., V.R.A.P and A.O. 4
PROMULGATEDPERMANENTVRFP1-3_6_12_VRAP3_d__8_c__2__10_b__7__26_b_and_d_AO4_c__1_PERMANENT_February10Use SHIFT+ENTER to open the menu (new window).
The emergency amendments to V.R.F.P. 1-3, 6 and 12 and V.R.A.P. 3(d), 8(c)(2), 10(b)(7), 26(b) and (d) and A.O. No. 4 have been made permanent.
PromulgatedFebruary 24, 2010April 26, 2010
50
Deb Laferriere2/25/2010 13:26
Order amending Rules 16.2, 26(b) and (f), 33(c), 34, 37(f), 45, 50(b) of the Vermont Rules of Civil Procedure
PROMULGATED-VRCP16.2._26(b)and(f)_33(c)_34_37(f)_45_50(b)Use SHIFT+ENTER to open the menu (new window).
Amendments to Vermont Rules of Civil Procedure 16.2,26,33(c),34,37(f) and 45 incorporate amendments to Federal Rules of Civil Procedure concerning discovery of electronically stored information. Amendment to V.R.C.P. 50(b) incorporates changes in F.R.C.P. 50 related to timing of a motion for judgment after trial.
Promulgated5/7/097/6/09
39
Christine Loso6/22/2009 11:12
Order amending Rule 55(b) of the Vermont Rules of Civil Procedure
PROMULGATED-VRCP55(b)(1)Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 55(b) of the Vermont Rules of Civil Procedure requires an affidavit as to liability and damages before a default judgment may be entered against a non-appearing party.
Promulgated5/7/097/6/09
40
Christine Loso6/22/2009 11:12
Order making permanent Rule 79.1(h) of the Vermont Rules of Civil Procedure and amending Rule 31(e)(2) of the Vermont Rules of Appellate Procedure
PROMULGATED-VRCP79.1(h)andvrao31(e)(2)Use SHIFT+ENTER to open the menu (new window).
By order of March 13, 2008, Rule 79.1(h), permitting a lawyer acting pursuant to a limited representation agreement with a pro se client to enter a limited appearance in the Superior Court, was extended until April 10, 2009.  This amendment makes the rule permanent.  The amendment to Rule 31(e)(2) of the Vermont Rules of Appellate Procedure clarifies the procedure on a motion to disqualify a Supreme Court justice when more than two justices are challenged.
Promulgated5/7/097/6/2009
41
Christine Loso6/22/2009 11:12
V.R.C.P. 80.1(b)(3) Extension of Emergency Amendment
PROMULGATEDVRCP-extend R80.1_b__3_dec09Use SHIFT+ENTER to open the menu (new window).
The emergency amendment adding V.R.C.P. 80.1(b)(3) has been found beneficial and is continued for two additional years while other amendments to Rule 80.1, designed to allow it to operate more fairly in the present financial climate, are being considered.
Promulgated12/10/091/1/10
44
Deb Laferriere12/15/2009 11:15
Promulgated Emergency Amendments to Vermont Rules of Criminal Procedure
PROMULGATEDVRCrP15_e__f_Use SHIFT+ENTER to open the menu (new window).
The emergency amendments to V.R.Cr.P. 15(e) and (f) make stylistic changes to those rules amended by § 26 of Act No. 1 of 2009.  The legislative amendments sunset on July 1, 2011, by virtue of § 27a of the Act.
Promulgated1/14/20101/14/2010
48
Deb Laferriere1/20/2010 14:47
Order Promulgating Amendments to V.R.Cr.P 16, 18, 24, and 32
PROMULGATEDVRCrP16.1_c_18_b_24_d_32_a__b__c_Use SHIFT+ENTER to open the menu (new window).
The amendment to V.R.Cr.P. 16(c) exempts law enforcement officers who have participated in an investigation from the rule limiting prosecution access to witnesses first included on a defense witness list.

The amendment to V.R.Cr.P. 18(b) is added to require prosecution of pre-trial release violations in the county or circuit of the court that imposed the conditions of release unless defendant is charged with a new offense.

The amendment of V.R.Cr.P. 24(d) adds language permitting the court to retain alternate jurors after the jury retires in order to ensure the availability of a sufficient number of jurors if a sitting juror is unable to complete deliberations.

The amendments to V.R.Cr.P. 32(a) and (b) eliminate gender references and permit the clerk to sign a judgment reflecting the court’s ruling from the bench.

The amendment to V.R.Cr.P. 32(c) provides defense attorneys notice and an opportunity to attend PSI interviews of the defendant.
PromulgatedFebruary 24, 2010April 26, 2010
49
Deb Laferriere2/25/2010 15:55
V.R.F.P. 4(b)(2)(B), 4(g)(1), 9(a)(3), 15, 17
PROMULGATEDVRFP4_b__2__B__4_g__1__9_1__3__15_17dec09Use SHIFT+ENTER to open the menu (new window).
Amendments to Rule 4(b)(2)(B), Rule 4(g)(1), Rule 9(a)(3),
Rule 15, and Rule 17.
Promulgated12/10/092/12/2010
45
Deb Laferriere12/15/2009 11:26
Proposed Amendment to §§ 7 and 9 of Administrative Order No. 41 Licensing of Attorneys
Proposed-AO41sec7and9Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to § 7 would include certification that an attorney is in good standing with respect to any unpaid judgment issued by the judicial bureau or district court for fines or penalties for a violation or a criminal offense.  This proposed amendment would conform with the addition of 4 V.S.A. § 1110.  See 2007, No. 51, § 4.
The proposed amendment would add § 9.A. in order to provide that an attorney is in good standing with respect to any unpaid judgment issued by the judicial bureau or district court for fines or penalties for a violation or criminal offense if 60 days or fewer have elapsed since the date a judgment was issued or the attorney is in compliance with a repayment plan approved by the judiciary.  This proposed amendment would conform with the addition of 4 V.S.A. § 1110.  See 2007, No. 51, § 4.
Comments
Proposed10/8/08
7
Margaret O’Donnell, Esq., Chair
Board of Bar Examiners
2418 Airport Road, Suite 2
Barre, VT  05641
JUD-AttyLicensing@state.vt.us
Christine Loso5/12/2009 11:21
Proposed Amendment to Rule 7 of the Vermont Supreme Court Disciplinary Control of Judges
Proposed-DisciplinaryControlofJudgesRule7Use SHIFT+ENTER to open the menu (new window).
This proposed amendment would authorize the chair to forward a complaint, considered
by the chair to be unfounded, to one lay member and one judge member for consideration; if
the three individuals agree that the complaint is unfounded, it will be dismissed.
Proposed3/3/08
4
Robert P. Keiner, Esq., Chair
70 Court Street
Middlebury, VT 05753 
keiner@sover.net
Christine Loso5/12/2009 11:18
Proposed Amendments to Rules for Mandatory Continuing Legal Education
PROPOSEDMCLE3_b_4_a_6_b_-_d_7_b_8_b_2-10Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to § 3(b) and 4(a)(1) are intended to address the issue of accessibility to quality professionalism courses while respecting the underlying intent and objective of the rule: to create a forum in which legal professionals explore and reflect on the meaning and goals of professionalism in contemporary legal practice.  The requirement in Rule 3 that professionalism courses be face to face” was eliminated, and replaced by the option of attending via teleconference, interactive television or on-line. Rule 4(a)(1) was further amended to make it clear that, in order to qualify as “ive credit, the instructor and attendees must be able to participate and interact simultaneously, in real time.

The proposed amendments to §§ 6 (b), (c) and (d) and 7(b) and are intended to improve efficiencies during the relicensing period of attorneys by removing the requirement that the form which indicates compliance with the Continuing Legal Education Rules be in the form of an affidavit.  This will allow for on-line continuing legal education reporting. 

The proposed amendment to § 8(b) would clarify the intent that the twenty hours required for reinstatement to active status must include the categories and restrictions of the standard reporting requirements in §§ 3 and 4 of the Rules for Mandatory Continuing Legal Education.
ProposedMarch 26, 2010
16
Hon. Karen Carroll, Chair
Board of Continuing Legal Education
2418 Airport Road, Suite 2
Barre, VT 05641
Christine Loso2/25/2010 14:17
Proposed Amendment to § 6(i)(1) of the Rules for Admission to the Bar of the Vermont Supreme Court
Proposed-MCLERule6_i__1__2_Use SHIFT+ENTER to open the menu (new window).
This proposed amendment waives the three month law office study admission requirement for individuals who are certified as having successfully completed the two-year General Practice Program offered at the Vermont Law School. Comments on this proposed amendment should be sent to the Chair of the Board of Bar Examiners by October 8, 2008.  The chair can be reached either by U.S. postal or email under the contact and address information.
Proposed10/8/08
8
Margaret O’Donnell, Esq., Chair
Board of Bar Examiners
2418 Airport Road, Suite 2
Barre, VT  05641
JUD-AttyLicensing@state.vt.us
Jweb3\closo2/21/2009 12:51
Proposed Order Promulgating Amendments to the Vermont Rules for Public Access to Court Records.
Proposed-publicaccess4040Use SHIFT+ENTER to open the menu (new window).
This proposal from the Advisory Committee relates to public access to administrative records. The comment period ended on June 25, 2004.
Proposed6/25/04
1
Jweb3\closo2/21/2009 12:50
Proposed Amendments to V.R.C.P. 62(a)(3) and V.R.E.C.P. 3(9) and (10)
PROPOSEDVRCP62andVREC3Use SHIFT+ENTER to open the menu (new window).
Proposed amendments to V.R.C.P. 62(a) and V.R.E.C.P. 3(9) and (10).
Proposed
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Comments on these proposed amendments should be sent by February 15, 2010 to:
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us
Deb Laferriere12/15/2009 13:23
Proposed Amendments to V.R.C.P. 80.1
PROPOSEDVRCP80.1December09Use SHIFT+ENTER to open the menu (new window).
These proposed amendments relate to foreclosure of mortgages and judgment liens.
Proposed
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Comments should be sent by February 15, 2010 to:
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us
Deb Laferriere12/15/2009 13:24
Proposed Order amending Rules 16.1(c), 18(b), 24(d), 32(b) and 32(c) of the Vermont Rules of Criminal Procedure
Proposed-VRCrP16.1(c)_18(b)_24(d)_32(b)Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to V.R.Cr.P. 16.1(c) would permit the prosecutor to speak privately to law enforcement officers who have participated in the investigation even if the officers appear on a defense witness list.  The proposed amendment to V.R.Cr.P. 18(b) would require prosecution of violations of pre-trial release conditions to be held in the county or circuit of the court that issued the pre-trial release order unless the defendant has been charged with a new offense. The proposed amendment to V.R.Cr.P. 24(d) would add language permitting the court to retain alternate jurors after the jury retires in order to ensure that a sufficient number of jurors will be available in case a sitting juror is unable to complete deliberations.  The proposed amendment to V.R.Cr.P. 32(b) would permit the clerk to sign a judgment to reflect the court’s ruling from the bench.  The proposed amendment to V.R.Cr.P. 32(c) would require a probation officer to give the defendant’s attorney notice and opportunity to attend an interview of defendant conducted as part of a presentence investigation.  Comments on these proposed amendments can be sent to the Chair of the Criminal Rules Committee by January 26, 2009.  The chair can be reached either by U.S. postal or email under the contact and address information.
Proposed1/26/09
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P. Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909                           
Norwich, VT  05055-0909
smcgee@hcsmlaw.com
Christine Loso5/12/2009 11:24
Proposed Amendments to Vermont Rules of Criminal & Appellate Procedure and A.O. 41
PROPOSEDVRCrP3_c__9__26_e__32_c__4__41_44.2_VRAP10_b__8__AO41-13AUse SHIFT+ENTER to open the menu (new window).
The proposed amendment to V.R.Cr.P. 3(c)(9) would conform the rule to provisions regarding abuse of vulnerable adults for conformity with the language of legislative changes recodified in Title 13, Chapter 28, adopted in Acts 2005, No. 79.

The proposed amendments adding V.R.Cr.P. 26(e) and V.R.A.P. 10(b)(8) would provide a procedure that will ensure accurate identification of portions of audio and video recordings actually presented to the fact-finder at trial, as asked by the Supreme Court in State v. Lee, 2008 VT 128, paragraph 9.

The proposed amendment to V.R.Cr.P. 32(c)(4) would bring the rule into conformance with a 1999 legislative change to 13 V.S.A. § 5231.

The proposed amendment of V.R.Cr.P. 41 would reorganize the present rule, extend its present provisions concerning issuance of warrants by fax to include other electronic means, and add provisions for warrants to monitor conversations.

The proposed amendments of V.R.Cr.P. 44.2(b) and A.O. 41 would permit nonresident attorneys clerking or employed as government attorneys to appear in all actions assigned by the supervising attorney on the basis of a single motion.
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Comments on these proposed amendments should be sent to the chair of the Criminal Rules Committee by March 19, 2010.
P. Scott McGee, Esq.
Hershensen Carter Scott McGee
PO Box 909
Norwich, VT  05055-0909
smcgee@hcsmlaw.com
Christine Loso1/21/2010 10:04
Proposed Amendments to Vermont Rules of Evidence Rule 606 (b) and 404(a)
Proposed-VRE606(b)404(a)Use SHIFT+ENTER to open the menu (new window).
This proposed amendment to the Vermont Rules of Evidence would strike language to V.R.E. 606(b) to make the rule easier to read and to provide that juror testimony may be utilized to prove that the verdict reported was the result of a mistake in entering the verdict on the verdict form, and would amend V.R.E. 4(a)(1) and (2) related to the admissibility of character evidence to prove conduct. Comments on these proposed amendments should be sent to the Chair of the Evidence Rules Committee by March 3, 2008. The chair can be reached either by U.S. postal or email at the following address(es):
Proposed3/3/08
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Jerome O’Neill, Esq.,Chair
O’Neill Kellner & Green
159 Bank Street, Suite 200
PO Box 5359
Burlington, VT 05402-5359   
joneill@okglawyers.com
Jweb3\closo2/21/2009 12:51
V.R.P.P. 80.8.  Accounting By an Agent Under a Power of Attorney. 
Proposed-VRPP80.8Use SHIFT+ENTER to open the menu (new window).
This amendment is intended to accommodate a 2001 amendment of 4 V.S.A. § 311 giving the probate court’s jurisdiction over accountings of attorneys in fact when there is no guardian and there is reason to believe that the principal is incompetent. Comments on this proposed amendment should be sent to the Chair of the Probate Rules Committee by May 16, 2008.  The chair can be reached either by U.S. postal or email under the contact and address information.
Proposed5/16/08
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Edward M. Goutas, Esq., Chair
Probate Rules Committee
Westminster District Probate Court
PO Box 47
Bellows Falls, VT  05101-0047
edgoutas@comcast.net or edward.goutas@state.vt.us 
Jweb3\closo2/21/2009 12:51