Vt. Memo to the Bar, Apr. 24, 2017

SUPREME COURT OF VERMONT

OFFICE OF THE COURT ADMINISTRATOR

PATRICIA GABEL, ESQ. Mailing Address

State Court Administrator Office of Court Administrator

patricia.gabel@vermont.gov 109 State Street

Montpelier, VT 05609-0701

Telephone: (802) 828-3278

FAX: (802) 828-3457

www.vermontjudiciary.org

TO: Members of the Vermont Bar

FROM: Patricia Gabel, State Court Administrator

RE: Emergency Promulgated and Proposed Rule Amendments and Miscellaneous

Information

DATE: April 24, 2017

For your information, please find the following:

• Order Promulgating Emergency Amendments to Rule 77(e) of the Vermont Rules of Civil Procedure and Rule

6(b) of the Rules for Public Access to Court Records

• Proposed Order Amending Canon 4 § H(2) of Administrative Order No. 10, Vermont Code of Judicial Conduct

and Proposed Amended Extra Judicial Income Form

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

a. Order Promulgating Emergency Amendments to Rule 77(e) of the Vermont Rules of Civil

Procedure and Rule 6(b) of the Rules for Public Access to Court Records

This emergency Order, promulgated on April 20, 2017, effective April 24, 2017, brings court

procedure into conformity with the policies underlying the Rules for Public Access to Court Records.

With the legislative repeal of 4 V.S.A. § 652(4) in 2013, the residual confidentiality provision of

V.R.C.P. Rule 77(e), which precluded disclosure of records pertaining to the filing of an action until

the action was disposed or at least one defendant was served, is superfluous, and is removed.

Rule 6(b)(25) of the Vermont Rules for Public Access to Court Records, which excluded from

public access records related to the filing of a civil action prior to service, is removed to conform with

the removal of the referenced confidentiality provision in Rule 77(e) of the Rules of Civil Procedure.

Former paragraphs (26) to (36) are renumbered (25) to (35).

II. PROPOSED RULE AMENDMENTS

a. Proposed Order Amending Canon 4 § H(2) of Administrative Order No. 10, Vermont Code

of Judicial Conduct and Proposed Amended Extra Judicial Income Form

The proposed amendment to Canon 4 § H(2) clarifies that in addition to reporting compensation

received as a result of extra-judicial activities, a judge is required to report income, including that

from passive investments. The revised section states that disclosure is required for

rental income and income from accounts and investments individually valued over $5,000 or

gifts and debts owed in excess of $500. The revision also requires a judge to disclose the place of

employment of the judge’s spouse or cohabiting partner.

The proposed amended Extra Judicial Income Form incorporates these changes.

Comments on the proposed rule amendment and or the proposed form changes should be sent

by June 23, 2017, to Emily Wetherell, Deputy Clerk, at the Vermont Supreme Court, at the

following address:

Emily Wetherell, Deputy Clerk

Vermont Supreme Court

109 State Street

Montpelier, VT 05609-0801

Emily.Wetherell@vermont.gov

III. MISCELLANEOUS

a. Court Forms

Court forms are constantly being updated. Please refer to the judiciary website for the most

up-to-date forms. https://www.vermontjudiciary.org/court-forms

b. Obligation under A.O. 41

Attorneys are reminded that an “attorney shall report to the Court Administrator within thirty

days any change of the office mailing or electronic mail address” and that “notice sent to a

reported address shall be sufficient even if not received by the attorney because of failure to

report the proper address or failure of delivery not caused by the court.” A.O. 41, § 7; See A.O.

44, § 1.

Please email those changes to JUD.AttyLicensing@vermont.gov. Your cooperation is very

much appreciated.

To ensure you continue to receive these emails, please add JUD.AttyLicensing@vermont.gov

to your Safe Senders list.

c. eCabinet Registration

Administrative Order No. 44 requires attorneys in active status to register up to three email

addresses in eCabinet for purposes of receiving notices of hearing and other documents. You

may include staff email addresses in the three email addresses that you specify. eCabinet

registration is required whether you practice in court, or not.

If you have already registered in eCabinet, the email address(es) you provided as part of that

process will be used.

If you have not already registered in eCabinet, please go to https://efiling.eservices.crt.state.vt.us/,

click Register Now, and follow the simple prompts. Attorneys will need their attorney license

numbers to register. Helpful information about the Attorney Email Registration process is also

available on the Electronic Filing page of the judiciary website at

https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing.

Please contact jud.helpdesk@vermont.gov or call the Helpdesk at 802-828-4357 with any

questions in the meantime.

You are also reminded that you are required to update the email address(es) and other contact

information you have registered as soon as there are any changes, including changes to staff

email addresses you may have included with your registration. To revise the information, please

go to https://efiling.eservices.crt.state.vt.us/, log into eCabinet, click “Account,” choose “My

Profile,” and make the necessary changes to your contact information.

Notification to JUD.AttyLicensing@vermont.gov or in eCabinet of a change to your contact

information does not automatically notify the other. It is your responsibility to notify both. If you

are a member of the Vermont Bar Association, you will also need to separately notify the VBA.