March 14, 2019

Family Rules Meeting March 29, 2019





March 29, 2019


The Family Rules Committee will meet at 1:30 p.m., Friday, March 29, 2019, at Vermont Law School, to consider the following agenda:


1.  Approval of draft minutes of the meeting of January 11, 2018, previously distributed.

2.  Status of proposed amendments.


         A. Application to Family Division of Supreme Court’s revised proposed draft of new V.R.C.P. 79.2, sent out for comment on September 6, with comments due on November 5, 2018, comment period extended to January 31, 2019.  Professor Wroth to report.

        B. Proposed draft of V.R.C.P. 43(a), et al. (including V.R.F.P. 17), video and audio appearance, and proposed AO 47, Technical Standards, prepared by Special Committee on Video and Cameras in the Court, recommended by the Special Committee to the Supreme Court on January 28, 2019,  for promulgation. Professor Wroth to report.

        C. 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.


3.  Draft rule for mental health proceedings.  Proposed by Family Division Oversight Committee. Professor Wroth to present revised draft of proposed promulgation order.  Judge Hayes to be present.


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). Ms. Racht to distribute to the Committee her 2017 subcommittee memorandum; alternative drafts of proposed amendments presented by subcommittee (Ms. Racht, Judge Kainen, Mr. Pahl, Ms. Reynolds) to be considered.


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.  Proposed Revised Rules for Public Access to Court Records, sent out for comment on February 11, with comments due on April 12, 2019.  See General review; consideration of provisions applicable in specific Family Division cases (e.g., Proposed Rule 6(b)(9)-(12)).


7.   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.)  Mr. Pahl to report on status of pending legislation.


8.  Enforcement of money judgments. Action deferred at November 2, 2018, meeting pending Civil Rules Committee’s action on proposed amendments to V.R.C.P. 69 and other rules. Placed back on the agenda at Judge Carlson’s request. Materials to be distributed.


9.   Other business.


10.  Dates of next meetings. Scheduled for June 21, and September 13, 2019.