Vt. Memo to the Bar, June 7, 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: Promulgated and Proposed Rule Amendments and Miscellaneous Information

DATE: June 7, 2017

For your information, please find the following:

• Order Promulgating Amendments to Rules 9(b)(4), 12(b), and 13(d) of the Vermont Rules of Admission to the

Bar of the Vermont Supreme Court

• Proposed Amendments to Rule 5 of the Vermont Rules of Criminal Procedure

• Proposed Amendment to Rule 11.1 of the Vermont Rules of Criminal Procedure

• Proposed Amendment to Rule 44.2 of the Vermont Rules of Criminal Procedure

• Proposed Amendments to Rules 9(d) and (e) and 10(b) of the Vermont Rules for Mandatory Continuing Legal

Education

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

Order Promulgating Amendments to Rules 9(b)(4), 12(b), and 13(d) of the Vermont Rules of

Admission to the Bar of the Vermont Supreme Court

This Order was promulgated on June 1, 2017, effective August 1, 2017. The amendment to

Rule 9(b) reinstates the option of applying to the Board for permission to sit for the Bar Exam for a

fifth time (which was the prior practice of the Board before the adoption of the UBE rules, effective

April 18, 2016).

The amendment to Rule 12(b) provides a process by which an Applicant, who is newly admitted

to the Vermont Bar, can rectify the untimely filing of a Mentorship Completion Certificate or other

minor errors in the completion of the required Mentorship program. The amendment is drawn from

§ 10 of the Rules for Mandatory Continuing Legal Education which allows admitted attorneys time

to complete a make-up plan if they fail to have the requisite number of continuing legal education

credits by the applicable biannual reporting deadline.

Consistent with the recent amendment to Rule 9(b)(1), the amendment to Rule 13(d) extends the

time in which the Applicant must sit for the UBE from 3 to 5 years. The amendment also provides

for an extension of this deadline for good cause, consistent with the concurrent amendment to Rule

9(b)(4).

II. PROPOSED RULE AMENDMENTS

a. Proposed Amendments to Rule 5 of the Vermont Rules of Criminal Procedure

The proposed amendments to Rule 5 revise the rule to conform to amendments to 13 V.S.A.

§ 7554c, which relates to pretrial risk assessments and needs screenings. Under the proposed

amendments, the results of the pretrial risk assessment and needs screenings are provided

directly to defendants and their attorneys, the prosecutors and the court. The proposed

amendment also clarifies that while the court may order a defendant to meet with a pretrial

services coordinator and participate in a needs screening, to participate in a clinical assessment

by a substance abuse or mental health treatment provide and follow the recommendations of the

provider, and to otherwise participate in pretrial services, such orders are deemed to be in

addition to conditions of release authorized by law, and do not serve to limit the discretion of the

court to impose conditions of release authorized under 13 V.S.A. § 7554.

b. Proposed Amendment to Rule 11.1 of the Vermont Rules of Criminal Procedure

The proposed amendment to Rule 11.1 reflects changes necessitated by enactment of Act 133

of 2015 (Adj. Sess.), which expressly prescribes the consequences resulting from the court’s

failure to provide the defendant with notice of collateral consequences. The proposed

amendment also clarifies that the Rule is of application only to convictions for violation of

18 V.S.A. § 4230(a) and not for all offenses prescribed by § 4230.

c. Proposed Amendment to Rule 44.2 of the Vermont Rules of Criminal Procedure

The proposed amendment to Rule 44.2 revises the rule in response to general revisions of

Administrative Order No. 41, governing Licensing of Attorneys, effective May 15, 2017. Rule

44.2(b)(2), which formerly governed admission and practice of nonresident attorneys pending

completion of law office study, or after such completion pending admission to the bar, is deleted

as no longer necessary in view of A.O. 41’s abolition of the requirement of law office study as a

condition of admission of attorneys to the Vermont bar.

Comments on these proposed amendments should be sent by August 7, 2017, to Hon.

Thomas Zonay, Chair of the Advisory Committee on Rules of Criminal Procedure, at the

following address:

Honorable Thomas A. Zonay, Chair

Advisory Committee on Rules of Criminal Procedure

Vermont Superior Court

Caledonia Unit

1126 Main Street, Suite 1

St. Johnsbury, VT 05819

Thomas.zonay@vermont.gov

d. Proposed Amendments to Rules 9(d) and (e) and 10(b) of the Vermont Rules for

Mandatory Continuing Legal Education

The proposed amendments to Section 9(d) and (e) change its 10- and 15-day time

periods to 14 days, consistent with the proposed “day is a day” amendments to

V.R.C.P. 6, which adopts the day-is-a-day counting system from the Federal Rules.

See Reporter’s Notes to proposed amendments of V.R.C.P. 6.

The proposed amendment to Section 10(b) changes its 15-day time period to 14 days,

consistent with the proposed “day is a day” amendments to V.R.C.P. 6, which adopts the

day-is-a-day counting system from the Federal Rules. See Reporter’s Notes to proposed

amendments of V.R.C.P. 6.

Comments on this proposed amendment should be sent by August 7, 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.