Vt. Memo to the Bar, Sept. 6, 2019

SUPREME COURT OF VERMONT

OFFICE OF THE COURT ADMINISTRATOR

PATRICIA GABEL, ESQ. Mailing Address

State Court Administrator Office of the 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, Esq., State Court Administrator

RE: Promulgated Emergency Amendments and Miscellaneous Information

DATE: September 6, 2019

For your information, please find the following information:

• Order Promulgating Emergency Amendments to Rule 79.2(c) of the Vermont Rules of Civil

Procedure and Rule 35(c) of the Vermont Rules of Appellate Procedure

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

Order Promulgating Emergency Amendments to Rule 79.2(c) of the Vermont Rules of Civil

Procedure and Rule 35(c) of the Vermont Rules of Appellate Procedure

This emergency order was promulgated on September 4, 2019; effective immediately.

V.R.C.P. 79.2 was amended effective September 3, 2019. That amendment added a restriction on

use of devices in a courthouse by prohibiting any person from recording or transmitting the image or

sound of an individual outside a courtroom without express consent. The prohibition was designed to

prevent recording of juveniles, jurors, and participants in confidential proceedings from being

recorded in public areas of the courthouse and to prevent the public from using recording as a

harassment tool against others attending obligatory court hearings. The emergency amendment

allows registered media to visually and orally record and transmit in the courthouse, consistent with

the distinction made elsewhere in the rules. The restriction on communication with a sequestered

witness is preserved. The media are precluded from recording or transmitting images or sound of

parties and witnesses in confidential proceedings in areas immediately adjacent to the courtroom.

Nonmedia are still precluded from recording or transmitting without express consent.

V.R.A.P. 35 was amended effective September 3, 2019. That amendment added a restriction on

use of devices in a courthouse by prohibiting any person from recording or transmitting the image or

sound of an individual outside a courtroom without express consent. The prohibition was designed to

prevent individuals from using recording as a harassment tool against others attending obligatory

court hearings. The emergency amendment eliminates the restriction on recording and transmitting

in the courthouse and allows use in the courthouse that is nondisruptive. Disruptive uses include

using a device to harass or intimidate another person. There is no distinction between media and

nonmedia in the appellate rule, unlike the rule applicable in the superior court, because, among other

reasons, there are no witnesses or jurors at the Supreme Court.

Comments on these emergency amendments should be sent by November 08, 2019, 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

II. 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.

Please use the link below to report any form question, concern or issue

http://www.vermontjudiciary.org/website-feedback-form or you can access our Website Feedback

program at the bottom of each web page

b. Obligation under A.O. 41

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

days any change of the office mailing or electronic mail address” and that “[n]otice sent to a reported

address is 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, § 4(c); 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.