Vt. Bar Admission Rule 17

A hearing convened pursuant to Rule 16(e)(3)(B) will be conducted as follows:

(a) Panel. The hearing will be before a 3-Member panel of the Committee. The Member who

decided not to certify the Applicant’s good moral character must not serve on the panel. At the

commencement of the hearing, one panel Member will be designated as the presiding Member.

(b) Applicant’s Participation. The Committee must provide the Applicant with written notice

of the hearing. The Applicant may appear and present information to substantiate good moral

character and fitness. The panel may preside remotely and may allow or require remote

participation by the applicant, witnesses, and other necessary participants as provided in Vermont

Rule of Civil Procedure 43.1.

(c) Counsel. The Applicant is entitled to be represented by counsel at the hearing. The panel

may appoint counsel to present evidence of the Applicant’s moral character and fitness.

(d) Rules of Evidence; Subpoena Power.

(1) The rules of evidence apply, but evidence not admissible thereunder may be

admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct

of their affairs and not precluded by statute or privilege.

(2) The Committee may issue subpoenas or compel testimony. All testimony must be

under oath administered by the presiding Member of the panel.

(e) Hearing Closed. Unless the Applicant requests otherwise, the hearing will be closed

except to Members, agents of the Committee, the Applicant, and the Applicant’s counsel and

witnesses.

(f) Recording of Hearing. A record will be made of the hearing. If the panel does not certify

an Applicant’s good moral character and fitness, it must produce a transcript of the applicable

hearing at its expense.

(g) Expansion of Record. If, after the hearing, the panel seeks to expand the record to

consider additional evidence, it may do so after providing notice and an opportunity to be heard to

all parties.

Board’s Notes—2022 Amendment

Rule 17(b) is amended to allow the panel to preside remotely or

to allow or require remote participation by others pursuant to

Vermont Rule of Civil Procedure 43.1. Following the COVID-19

pandemic, remote hearings were authorized and encouraged under

Administrative Order 49, ¶ 15(d). This practice was an effective

method for participation and therefore remote participation is

incorporated into the rules.

Board’s Notes—2022 Amendment

The opening sentence of Rule 17 is amended to correct the

cross reference to Rule 16.

This rule is derived from portions of the prior rule § 11. Minor

changes from prior rule § 11 reflect the Committee’s current

practice.