November 04, 2019

Advisory Committee on Rules for Family Proceedings Meeting November 8




November 8, 2019


The Family Rules Committee will meet at 1:30 p.m., Friday, November 8, 2019, in the Hoff Lounge, Vermont Law School, to consider the following agenda:

Introduction of Hon. Amy Davenport, who will become Reporter to the Committee effective with next meeting.

            1.  Approval of draft minutes of the meeting of September 13, 2019, previously distributed.

            2.  Status of proposed amendment to V.R.F.P.  18(d) (d)(1) clarifying process of appointing mediator, recommended to the Court on January 11, promulgated February 4, effective April 8, 2019.  Considered by LCJR on June 6, 2019.  Question raised by LCJR on final phrase of subparagraph (d)(1)(B). Chairman Kainen to report on response to LCJR question..

            3.  Proposed V.R.F.P. 6.2 ( mental health proceedings). Proposed new Rule 6.2 sent out for comment on October 1, with comments due by December 1, 2019.  Chairman Kainen to report on comments received to date.

             4. Consideration of In re K.F., 2013 VT 39, note 2 (6/7/13) (request to develop procedure for addressing ineffective assistance of counsel claims by parents in TPR proceedings). Subcommittee (Ms. Racht, Judge Kainen, Mr. Pahl, Ms. Reynolds) to present draft report to be sent to Supreme Court.

            5.  V.R.F.P. 6.  Amendments made necessary by Act 170 of 2013 (Adj. Sess.) concerning minor guardianships. Professor Wroth to report on Probate Rules Committee’s amendment process.

            6.  Vermont Rules for Public Access to Court Records.  Abrogated and replaced by order of May 1, effective July 1, 2019.   Subcommittee (Ms. Bennelli, Ms. Olvera, and Ms. Sanders) to report on whether there should be a broad exception to the revised Public Access Rules for Family Division proceedings or whether there should be specific exemptions to those rules for particular family cases.

            7.  Applicability in Family Division of amendments to V.R.C.P.  5, 79(a). proposed by Special Committee on Electronic Filing to conform to proposed new V.R.E.F. 11, sent out for comment, with comments due on August 19, 2019.. Professor Wroth to report.

            8.   Act 72 of 2017.  An Act Relating to Juvenile Jurisdiction.  (Section 7 directs the Supreme Court to consider adoption of appropriate rules by July 1, 2018.)  Consideration of youthful offender rules in light of Act 45 of 2019 (5/30/19).  Mr. Pahl to report.

            9.  Enforcement of money judgments. Proposed new Rule 4.3 sent out for comment on October 1, with comments due by December 1, 2019.  Chairman Kainen to report on comments received to date.

            10.  Live-streaming in Family Court hearings. Consideration of Magistrate Hoyt’s e-mail of August 7, 2019, concerning the application of present and new V.R.C.P. 79.2 to live-streaming of Family Court proceedings and other issues raised by new V.R.C.P. 79.2 in light of proposed V.R.F.P. 19 sent to the Court on November 3, 2018, but not acted upon and of emergency amendments to V.R.C.P. 79.2 promulgated on September 3, with comments due on November 8, 2019..     

            11.  V.R.F.P.43(b)(1).  Applicability of Rule 4.3(b)(1) in cases filed before effective date  Vermont Parentage Act, 15 V.S.A. 115A(d)(2). Professor  Wroth to report.

            12.  Other business.

            13.  Dates of next meetings. Next meeting is scheduled for November 8, 2019.  Further dates to be agreed upon.