Administrative Order No. 29

ADVISORY COMMITTEE ON RULES FOR FAMILY PROCEEDINGS


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.