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Legal Information
Proposed and Promulgated
Rules
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Proposed |
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NOTE: The following Proposed
Amendments are proposed by the Rules Committees and have not
been reviewed by the Supreme Court. To view more
information click on the + next to the title. To view the
complete proposal click on the title.
| Brief Statement about Rule | Comments
Due |
Contact and Address |
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 Proposed Amendments to Rules for Mandatory Continuing Legal Education | | 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.
| March 26, 2010 | Hon. Karen Carroll, Chair
Board of Continuing Legal Education
2418 Airport Road, Suite 2
Barre, VT 05641 | | Proposed Amendments to Vermont Rules of Criminal & Appellate Procedure and A.O. 41 | | 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.
| | 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 | | Proposed Amendments to V.R.C.P. 62(a)(3) and V.R.E.C.P. 3(9) and (10) | | Proposed amendments to V.R.C.P. 62(a) and V.R.E.C.P. 3(9) and (10). | | 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 | | Proposed Amendments to V.R.C.P. 80.1 | | These proposed amendments relate to foreclosure of mortgages and judgment liens. | | 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 | | Proposed Order amending Rules 16.1(c), 18(b), 24(d), 32(b) and 32(c) of the Vermont Rules of Criminal Procedure | | 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.
| 1/26/09 | P. Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT 05055-0909
smcgee@hcsmlaw.com
| | Proposed Amendment to § 6(i)(1) of the Rules for Admission to the Bar of the Vermont Supreme Court | | 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. | 10/8/08 | Margaret O’Donnell, Esq., Chair
Board of Bar Examiners
2418 Airport Road, Suite 2
Barre, VT 05641
JUD-AttyLicensing@state.vt.us
| | Proposed Amendment to §§ 7 and 9 of Administrative Order No. 41 Licensing of Attorneys | | 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
| 10/8/08 | Margaret O’Donnell, Esq., Chair
Board of Bar Examiners
2418 Airport Road, Suite 2
Barre, VT 05641
JUD-AttyLicensing@state.vt.us
| | V.R.P.P. 80.8. Accounting By an Agent Under a Power of Attorney. | | 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.
| 5/16/08 | 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
| | Proposed Amendments to Vermont Rules of Evidence Rule 606 (b) and 404(a) | | 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): | 3/3/08 | Jerome O’Neill, Esq.,Chair
O’Neill Kellner & Green
159 Bank Street, Suite 200
PO Box 5359
Burlington, VT 05402-5359
joneill@okglawyers.com
| | Proposed Amendment to Rule 7 of the Vermont Supreme Court Disciplinary Control of Judges | | 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. | 3/3/08 | Robert P. Keiner, Esq., Chair
70 Court Street
Middlebury, VT 05753
keiner@sover.net
| | Proposed Order Promulgating Amendments to the Vermont Rules for Public Access to Court Records. | | This proposal from the Advisory Committee relates to public access to administrative records. The comment period ended on June 25, 2004. | 6/25/04 | |
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| Promulgated Rules
Over the Last Two Years |
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NOTE: To view more information click on the + next
to the title. To view the complete rule click on the title. |
| Brief Statement about Rule | Promulgated Date | Promulgated Effective Date |
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| Order Promulgating Amendments to V.R.F.P., V.R.A.P and A.O. 4 | | 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. | February 24, 2010 | April 26, 2010 | | Order Promulgating Amendments to V.R.Cr.P 16, 18, 24, and 32 | | 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. | February 24, 2010 | April 26, 2010 | | Promulgated Emergency Amendments to Vermont Rules of Criminal Procedure | | 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. | 1/14/2010 | 1/14/2010 | | Promulgated Emergency Amendment to Administrative Order No. 38 | | 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. | 1/14/2010 | 1/14/2010 | | Order Abrogating Administrative Order No. 37 | | Administrative Order No. 37 (Experimental Rule for Mandatory Legal Education Proceedings in all Courts in Chittenden County) is abrogated. | 12/10/09 | 12/10/09 | | V.R.F.P. 4(b)(2)(B), 4(g)(1), 9(a)(3), 15, 17 | | Amendments to Rule 4(b)(2)(B), Rule 4(g)(1), Rule 9(a)(3),
Rule 15, and Rule 17. | 12/10/09 | 2/12/2010 | | V.R.C.P. 80.1(b)(3) Extension of Emergency Amendment | | 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. | 12/10/09 | 1/1/10 | | Promulgated Amendments to Rules of Admission | | Amendments to the Rules of Admissions | 11/17/09 | 1/18/2010 | | Amendments to the Rules of Professional Conduct | | 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. | 6/17/2009 | 9/1/09 | | 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 | | 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. | 5/7/09 | 7/6/2009 |
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