Pursuant to Chapter II, §§ 30 and 37 of the Vermont Constitution, the Supreme
Court issues the following order to replace current Administrative Order No. 29:
§ 1. An Advisory Committee on Rules for
Family Proceedings of sixteen members is established consisting of one layperson
with interest and expertise in family matters, the Secretary of the Agency of
Human Services or the Secretary's designee, the Attorney General or the Attorney
General's designee, a designee of the Department of State's Attorneys, the
Defender General or the Defender General's designee, the chair of the Vermont
Bar Association corresponding standing committee (to the extent that one
exists), three lawyers from private practice with interest and experience in
family matters, a designee of Vermont Legal Aid, a probate judge, a family court
magistrate, a family court clerk, and three trial court judges. The designee of
the Secretary, the State's Attorneys, the Defender General, the Attorney General
and Vermont Legal Aid shall be subject to approval of the Supreme Court. Upon
designation and approval, he or she shall be the only representative of the
designator to participate in Committee proceedings. Whenever a designee resigns
or the position is otherwise vacant, a successor designee shall be appointed and
approved as provided above. Appointments shall be for a three-year term. No
member shall serve for more than three consecutive terms or parts thereof.
Whenever a member resigns or the office is otherwise vacant, the Supreme Court
shall appoint a successor to fill the unexpired term. The chair shall be
designated by the Supreme Court.
§ 2. The members of the Committee shall be
reimbursed for reasonable and necessary expenses relating to the performance of
their duties and shall receive per diem compensation equivalent to that provided
by law for comparable boards and commissions. The Judicial Branch members shall
be reimbursed the normal state employee expenses. The Commissioner of Finance
and Management shall pay from the judicial appropriation all expenses of the
Committee when claims are submitted on proper vouchers approved by the Court
Administrator or the Court Administrator's designee.
§ 3. The Committee shall continually review
the operation and effectiveness of the procedural and evidence rules governing
family proceedings and shall recommend to the Supreme Court amendment to those
rules or other appropriate actions which it finds advisable.
§ 4. Pursuant to A.O. 11, the Committee shall give proper public notice and opportunity to comment relative to any report or proposal of, or amendment to, any rule. Any individual having proposals for amendment of Rules Governing Family Proceedings, or any other proposals for change by statute, rule or otherwise in this area is requested to forward them, in writing, to the Court Administrator, or the chairperson or a member of the Advisory Committee for consideration. Adopted July 31, 1990, eff. Aug. 1, 1990; amended Dec. 15, 1994, eff. Dec. 15, 1994; Aug. 10, 1995, eff. Dec. 15, 1995; Oct. 15, 1996, eff. Nov. 1, 1996; Jan. 27, 2000, eff. May 1, 2000.