The proposed amendments reflect changes in nomenclature necessitated by the Judicial Restructuring Act, Act 154 of 2009 (Adj.Sess.). The proposed amendments also provide uniform adoption of gender neutral language in sections of the rules that have not been subject to recent amendments to do so.
In addition, proposed amendments of Rule 6 more accurately reflect current grand jury practice, and conform the existing rule to provisions of the current federal rule. Proposed amendments to Rule 12 are intended to provide currency and clarity as to cognizable motions and motion practice in criminal cases. Proposed amendments to Rule 18(a) are intended to provide further clarification as to venue in cases of pending charges in multiple units, consistent with the Restructuring Act’s elimination of the “territorial unit” which was formerly of application in the determination of which unit was authorized to hear and determine criminal charges. Proposed amendments to Rule 41(f) authorize a motion for return of property extending to property that was initially seized lawfully, per the decision in State v. Voog, 2012 VT 1.
Comments on these proposed amendments should be sent by February 21, 2014 to P. Scott McGee, the Chair of the Criminal Rules Committee. He can be reached by email or U.S. mail at the following addresses:
P. Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT 05055-0909