Vt. Ct. Admin'r Directive TC-4 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 are 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) A special index of expunged marijuana criminal

(uncodified) 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(e)(1), (g)(3)(C) Files held by the court relating to the charges

against a person who participates in adult

diversion program are confidential, with certain

exceptions. 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.

4 V.S.A. § 741 Credit card numbers in possession of court or

judicial bureau are confidential.

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

delinquent insurers are confidential.

9 V.S.A. § 2480ff(b)(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 not publicly accessible 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 not

publicly accessible 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

not publicly accessible by virtue of automatic

sealing.

13 V.S.A. § 4824 A report to the National Instant Criminal

Background Check System that a person has been

found by a court to be a person in need of

treatment is not publicly accessible.

13 V.S.A. § 5134 The stenographer in a criminal inquest

proceeding is sworn to keep secret all matters

and things coming before the judge in such

inquest. Testimony taken by the stenographer

shall not be disclosed except to the Attorney

General, State’s Attorney, and judge holding the

inquest.

13 V.S.A. § 5236(f) Financial 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.

13 V.S.A. § 7609 A special index of sentences for sex offenses that

require registration that are expunged by court

order pursuant to 13 V.S.A. § 7609(a) is not

publicly accessible.

14 V.S.A. § 2; V.R.P.P. 77(e)(1), (2), A will filed with the probate division for

V.R.P.P. 80.4 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 existence 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 not

publicly accessible by virtue of automatic sealing.

14 V.S.A. § 3098(c)(i) 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 UCCJEA

is confidential (filed under seal) if party alleges

that the information would jeopardize child’s

health, safety, or liberty.

15A V.S.A. §§ 3-203, 6-102, 9- Title 15A provides for adoption proceedings,

101(h) 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 not publicly accessible.

15B V.S.A. § 1312 In a proceeding under the Uniform Interstate

Family Support Act, specific identifying

information must be sealed if a party alleges in an

affidavit or sworn pleading that the health, safety,

or liberty of a party or child would be jeopardized

by disclosure.

18 V.S.A. § 1094 Petition to restrain Board of Health from making

examination of person suspected of venereal

disease infection and resulting court order are

not publicly accessible.

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

division authorizes a new birth certificate

because of a change of gender identity 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 not publicly accessible.

18 V.S.A. § 8713 All records of a sterilization proceeding are not

publicly accessible 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), Health insurer seeking to disclose, without

(c)(5)(A) 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) 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 not publicly accessible.

28 V.S.A. §§ 204, 204a; V.R.Cr. P. A presentence report, pre-parole report, or

32(c) 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 not publicly

accessible.

33 V.S.A. §§ 5110, 5117, 5118, Records in juvenile proceedings are generally not

5119, 5122, 5281, 5282, 5283; publicly accessible.

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

V.R.Cr. P. 6(e)(1), (6), 13 V.S.A. A transcript of proceedings before the grand jury

§ 4134 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)(1), (5 6).

Judicial Ethics Committee, Unless otherwise ordered by the Supreme Court,

Administrative Order No. 35 § 6 all records are confidential but for redacted

advisory opinions approved for publication.

Rules Governing Establishment Information related to complaints to the lawyer

and Operation of the Professional professional responsibility program is not

Responsibility Program, publicly accessible before filing of a formal

Administrative Order No. 9, Rules disciplinary proceeding. Deliberations and work

12 7(D), 8, 16 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 Operations of the Bar Assistance

Program are confidential.

Rules for the Disciplinary Control “All papers, files, transcripts and communications

of Judges, Rules 6(7), 6(11), 8, 11 in proceedings before the Board shall be

confidential”; however, “after the service of a

Formal Complaint upon a judge, the Formal

Complaint, all subsequent pleadings, 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 Assignment Any proof of income furnished in support of

and Payment Therefore by the eligibility for public defender services is

Defender General, Administrative confidential.

Order No. 4 § 5

Rules Governing Qualification, Certain information about jurors and provided by

List, Selection and Summoning of jurors in response to a questionnaire is not

All Jurors, Rules 4(c) & 10; 4 V.S.A. publicly accessible. Any electronic record of

§ 955; V.R.Cr.P. 24(a)(2); V.R.C.P. questionnaire responses is not publicly

47(a)(2) 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 “Any notes taken by jurors during a trial shall

39(e) remain confidential to the jury and shall not be

admissible in evidence for any purpose.”

Rules of Professional Conduct, Certain information about representation of a

Rule 1.17(c)(3) client provided to court in relation to sale of law

practice is not publicly accessible due to in

camera submission.

Rules for Family Proceedings In divorce or parentage proceeding involving

4.1(b)(2) minor children, when in which parentage or child

support is in issue, when an order is entered

parties must file location and identity

information of parties is not publicly accessible.

Any information filed pursuant to this paragraph

will be available only to parties and their counsel.

This Administrative Directive is effective April 16, 2024.

Dated April 16, 2024.

__________________________________________________

Therese M. Corsones, Esq.

State Court Administrator