January 23, 2023

Advisory Committee on Rules of Public Access to Court Records Meeting 1-27-23

VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES FOR PUBLIC
ACCESS TO COURT RECORDS

Meeting Agenda for January 27, 2023

1. Chair Tomasi: Meeting Opening
Welcome to Bob Paolini.
Announcements and General Discussion.
2. Approval of Minutes from the October 2022 meeting.
3. Update On PACR 5 and 6 Appendices (Petra)
4. Update re Public Access to Criminal History Records Obtained through NCIC; Public Access to Such Records from VCIC; status of national negotiations with State Court Administrators and Department of Justice.
5. Possible Amendments to Rules 7(a)(3) and 7(a)(4)(B)
Following Courthouse News case, civil filings are made public without court review. These Rules address post hoc efforts to correct/redact records that should not have been made publicly accessible. Rule 7(a)(3) seems to require Court Administrator action and the other Rule seems to cabin judicial action to limited circumstances and limited relief. Courthouse News case is on appeal to the Second Circuit and the committee decided at 7/22/22 meeting to wait until appeal is decided before making changes. Updates?
6. Proposed Amendments to Rules 6(b)(9) & 11(c)
The comment period for the proposed amendment to Rule 6(b)(9), governing public and attorney/opposing party access to plaintiff’s (and in some cases, defendant’s) contact information in RFA cases, has closed. At last meeting it was proposed to add a reference in Rule 6(b)(6)(B) to Civil Rule 80.10. Updates?
7. Proposed Amendment re: Public Status of Prefiled Exhibits
Discussion of proposed new Rule 6(b)(23).
8. Proposed Amendments to Rules 2, 6(b), 7, and 9.
Subcommittee of Dooley, J., Corsones, Marshall, Shriver, and Halsema have developed proposed amendments to update and streamline Rule 6(b) as well as associated rules. J. Dooley to give update.
9. Any New Business.
10. Set Next Meeting.