Vt. Ct. Admin'r Directive PG-16 2

Rule 6 is amended as follows (new matter underlined; deleted matter struck through):

Note: Listed below are provisions of statutes and court rules that may limit access to

judicial branch case records, along with a summary of each. The summaries are provided for

reader convenience and a re not legally binding. Readers should review the text of the

statutes and court rules before applying them. This list may not include all such limitations

on access.

APPENDIX to Rule 6: Statutes and Court Rules Providing Restrictions or Prohibitions

on Public Access to Judicial-Branch Records

Citation Description

2019, No. 167 (Adj. Sess.),

§ 31(f) (uncodified)

A special index of expunged marijuana criminal history

records, and related materials, is confidential.

3 V.S.A. § 163(e)(3) A special index of juvenile cases expunged after completion

of diversion together with expungement orders is

confidential.

3 V.S.A.§ 164(g)(3)(C) A special index of criminal cases expunged after completion

of diversion and records sealed under a prior version of the

statute are not publicly accessible.

8 V.S.A. § 7043 Summary proceedings related to the seizure of delinquent

insurers are confidential.

9 V.S.A. § 2480ff(8), (9) In a proceeding for a transfer of structured settlement

payment rights, certain documents may or must be filed

under seal automatically making them nonpublic.

9 V.S.A. § 4605 In an action under the Trade Secrets Act, 9 V.S.A. §§ 4601 –

4609, the secrecy of the alleged trade secret shall be

preserved.

12 V.S.A. § 522(b) Civil complaint alleging childhood sexual abuse sealed until

answer is served or court rules on motion to dismiss. If

dismissed, complaint remains sealed.

12 V.S.A. § 1646(b) In a civil action arising from alleged wrongful sexual

activity, court determines admissibility of evidence of

sexual conduct at in camera hearing, at which all objections

are raised.

12 V.S.A. § 1705 Proceeding as to disclosure of HIV counseling and testing

information held in camera unless court orders otherwise.

Subject referred to in pleadings by pseudonym. Any

documents with true name not disclosed other than to

parties with a compelling need to know and then sealed at

conclusion of the proceedings.

13 V.S.A. § 1460(a) Records in cases seeking an injunction against a juvenile to

stop hate-motivated conduct are made nonpublic by

incorporation of 33 V.S.A. § 5117.

13 V.S.A. § 3255(b) In a prosecution for a sexual assault, lewd and lascivious

conduct, human trafficking, or for abuse or exploitation of a

vulnerable adult, if a defendant proposes to offer evidence

of prior sexual conduct, the defendant must notice of such

intent, and the court determines admissibility at in camera

hearing, at which all objections are raised.

13 V.S.A. § 3256(j) Records of court proceedings for testing a defendant or

offender for infectious diseases, and the test result for the

defendant or offender, are nonpublic by virtue of automatic

sealing.

13 V.S.A. § 5236(f) Financial Information information provided by a defendant

pursuant to 13 V.S.A. § 5236(d), & (e) is not publicly

accessible in the trial and Supreme Court.

13 V.S.A. § 5566(c) DNA profile information related to a petition for

postconviction DNA testing is confidential.

13 V.S.A. § 7043(c)(3) If defendant seeks, for purposes of restitution hearing, to

view medical and mental health records submitted to the

Victims Compensation Board, the prosecuting attorney

shall file the records with the court under seal, and the court

will determine in camera whether to order disclosure.

13 V.S.A. § 7606(d)(3) A special index of criminal cases expunged by court order

pursuant to Chapter 230 of Title 13 is not publicly

accessible.

13 V.S.A. § 7607 Records in cases sealed by court order pursuant to Chapter

230 of Title 13 are not publicly accessible. A special index

of criminal cases sealed by court order pursuant to Chapter

230 of Title 13 is not publicly accessible.

14 V.S.A. § 2; V .R.P.P. 77(e)(1),

(2), V.R.P.P. 80.4

A will filed with the probate division for safekeeping, and

the index entry of such a will, are not publicly accessible

during the life of the testator, as provided in 14 V.S.A. 2(e).

The register may reveal the existen ce of a will as provided

in V.R.P.P. 80.4(b).

14 V.S.A. § 3067(e) Professional evaluation of need for guardian is confidential.

14 V.S.A. § 3068(e) If the court finds after a guardianship proceeding that the

person is not in need of guardianship, the records of the

proceeding become nonpublic by virtue of automatic

sealing.

14 V.S.A. § 3098(c) Information regarding a child’s immigration status related

to a petition for classification as a special immigrant

juvenile is confidential.

15 V.S.A. § 788(c) In all cases in which an order for relief from abuse has been

entered, address and employment information provided to

the court for child support purposes is confidential.

15 V.S.A. § 1079(e) Information provided about child under UCCJ EA is

confidential (filed under sealed) if party alleges that the

information would jeopardize child’s health, safety, or

liberty.

15A V.S.A. § § 3-203, 6-102, 9 -

101(h)

Title 15A provides for adoption proceedings,

relinquishment proceedings, proceedings to terminate

parental rights in certain circumstances and proceedings to

gain certain information relating to an adoption. For all

these proceedings, the in-court events are closed to the

public and the records are nonpublic.

18 V.S.A. § 5112(c) Records of a proceeding where the probate division

authorizes a new birth certificate because of a change of

gender sex are not publicly accessible.

18 V.S.A. § 7103 Proceedings under Part 8 of Title 18 --generally mental -

health and developmental-disabilities related proceedings

and sterilization--are closed to the public and the records of

the proceedings are nonpublic.

18 V.S.A. § 8713 All records of a sterilization proceeding are nonpublic by

virtue of being sealed unless requested to be opened by the

respondent (note these proceedings are also covered by

18 V.S.A. § 7103).

18 V.S.A. §§ 9306(c), 9309(b) Records in proceedings to appoint a guardian for a person

who is developmentally disabled are not publicly accessible

(note these proceedings are also covered by 18 V.S.A.

§ 7103).

18 V.S.A. § 9472(c)(1)(A),

(c)(5)(A)

Health insurer seeking to disclose, without consent,

financial and utilization information, or financial

arrangements with drug manufacturers, designated

confidential by a pharmacy benefit manager, in a case under

the Consumer Protection Act, must file that information

with the court under seal.

20 V.S.A. § 2056a(c);

28 CFR § 20.33(b)

Criminal History Records obtained through the National

Criminal Information Center, as provided in 20 V.S.A.

§ 2056a(c), are not considered publicly accessible by that

agency, 28 CFR § 20.33(b). Disclosure of such records may

result in cancellation of access to them.

23 V.S.A. § 1098(b) The record of certain cases in the Judicial Bureau where

defendant admitted or did not contest a violation prior to

January 1, 2007 are required to be sealed making them

nonpublic.

28 V.S.A. §§ 204, 204a; V.R.Cr. P.

32(c)

A presentence report, pre-parole report, or supervision

history, including any supervised community sentence

plan, which is part of a presentence report pursuant to 28

V.S.A. § 352(c), is not publicly accessible as a court record,

subject to exceptions in § 204 and V.R.Cr.P. 32(c).

32 V.S.A. § 632(b)(1) A false claim action brought by a relator must be filed under

seal and remain under seal for at least 60 days after being

served on the attorney general rendering the complaint

nonpublic.

33 V.S.A. §§ 5110, 5117, 5118,

and 5119, 5122, 5281, 5283;

V.R.F.P 1(i)(3)

Records in juvenile proceedings are generally nonpublic.

V.R.Cr. P. 6(e), 13 V.S.A. § 4134 A transcript of proceedings before the grand jury is not

publicly accessible and “records, orders, and subpoenas

relating to grand-jury proceedings must be kept under seal

to the extent and as long as necessary to prevent disclosure

of a matter occurring before a grand jury.” V.R.Cr.P. 6(e)(5).

Judicial Ethics Committee,

Administrative Order No. 35 § 6

Unless otherwise ordered by the Supreme Court, all records

are confidential but for redacted advisory opinions

approved for publication.

Rules Governing Establishment

and Operation of the

Professional Responsibility

Program, Administrative Order

No. 9, Rule 12(F)

Information related to complaints to the lawyer

professional responsibility program is not publicly

accessible before filing of a formal disciplinary proceeding.

Deliberations and work product of the Board, hearing panel,

and their counsel remain confidential. Proceedings related

to disability inactive status are confidential. Effective April

1, 2021, Rule 12 is renumbered Rule 16. New Rules 7(D)

and 8 make the operations of the Bar Assistance Program

confidential.

Rules for the Disciplinary

Control of Judges, Rule s 6(7),

6(11), 8, 11

“All papers, files, transcripts and communications in

proceedings before the Board shall be confidential”;

however, “after the service of a Formal Complaint upon a

judge, the Formal Complaint, all subsequent plea dings,

exhibits and rulings of the Board, and any hearing related to

the Formal Complaint, shall be public.” Annual reports to

the Supreme Court and closure reports are publicly

accessible.

Rules Governing the Assign -

ment and Payment Therefore

by the Def ender General,

Administrative Order No. 4 § 5

Any proof of income furnished in support of eligibility for

public defender services is confidential.

Rules Governing Qualification,

List, Selection and Summoning

of All Jurors, Rules 4( c d) & 10

11; 4 V.S.A. § 955; V.R.Cr.P.

24(a)(2); V.R.C.P. 47(a)(2)

Certain information about jurors and provided by jurors in

response to a questionnaire is not publicly accessible. Any

electronic record of questionnaire responses is not publicly

accessible. The information is available to the parties, and

the “physical record” of the information is publicly available

with names and addresses redacted.

Rules of Civil Procedure, Rule

39(e)

“Any notes taken by jurors during a trial shall remain

confidential to the jury and shall not be admissible in

evidence for any purpose.”

Rules of Professional Conduct,

Rule 1.17(c)(3)

Certain information about representation of a client

provided to court in relation to sale of law practice is

nonpublic due to in camera submission.