Vt. Memo to the Bar, Oct. 1, 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: Proposed Rules and Miscellaneous Information

DATE: October 1, 2019

For your information, please find the following information:

• Proposed Order Abrogating and Replacing the Vermont Rules for Mandatory Continuing Legal Education

• Proposed Order Amending Rule 804a of the Vermont Rules of Evidence

• Proposed Order Adding Rule 4.3(f) and Rule 6.2 to the Vermont Rules for Family Proceedings

• Proposed Order Amending Rule 62(a)(3)(A) of the Vermont Rules of Civil Procedure

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROPOSED RULE AMENDMENTS

(NOTE: THE FOLLOWING AMENDMENTS HAVE BEEN PROPOSED AND HAVE NOT

BEEN APPROVED BY THE SUPREME COURT.)

a. Proposed Order Abrogating and Replacing the Vermont Rules for Mandatory Continuing

Legal Education

The proposed 2019 amendments to the Rules for Mandatory Continuing Legal Education are

comprehensive and implement much of the ABA’s February 2017 Model Rule for Minimum

Continuing Legal Education (“Model Rule”). The Board’s Notes attempt to identify the relevant

prior rules and to point out where the proposed new rules reflect a significant substantive change

from the prior rules.

Some of the proposed changes include the following. The proposal increases the total number of

credit hours per reporting period from 20 to 24. The prior distinction between live and self-study

programming is replaced with three types of programming and definitions of those are provided. In

addition to the prior ethics requirement, the proposal requires attorneys to complete one credit hour

of attorney wellness and one of diversity and inclusion programming in a reporting period. The

proposal adds a carryover provision so that attorneys can use excess credit from the second year of

the reporting period in the next reporting period. The proposal gives the MCLE Board the authority

to audit attorneys and requires attorneys to keep records for two reporting periods.

Comments on these proposed amendments should be sent by December 2, 2019, to Andrew

Strauss, Licensing Counsel of the Office of Attorney Licensing, at the following address:

Andrew Strauss, Licensing Counsel

Office of Attorney Licensing

Costello Courthouse

32 Cherry Street, Suite 213

Burlington, VT 05401

Andrew.Strauss@vermont.gov

b. Proposed Order Amending Rule 804a of the Vermont Rules of Evidence

The proposed amendment to Rule 804a reflects the Legislature’s efforts to eliminate offensive

language, and to make this rule’s language more consistent with the language of Rule 807. The

proposal maintains the definition of “mental illness” provided in 18 V.S.A. § 7101(14), rather than

using the term “psychiatric disability” provided by 1 V.S.A. § 147. The latter is a broader term that

encompasses a wider arc of impairments. Its use here would cause the expansion of a rule that was

originally intended to be applied narrowly.

Comments on this proposed amendment should be sent by December 2, 2019, to Elizabeth

Miller, Esq., Chair of the Advisory Committee on Rules of Evidence, at the following address:

Elizabeth Miller, Esq.

Dunkiel Saunders

91 College Street

Burlington, VT 05401

emiller@dunkielsaunders.com

c. Proposed Order Adding Rule 4.3(f) and Rule 6.2 to the Vermont Rules for Family

Proceedings

The proposed addition of Rule 4.3(f) gives a uniform procedure in the Family Division for the

enforcement of judgments or orders to pay money rendered in Family Division proceedings under

V.R.F.P. 4.0-4.3. Paragraph (1) provides that V.R.C.P. 4.1 (attachment) and 4.2 (trustee process)

apply in the Family Division and may be used to enforce such judgments or orders with two

exceptions.

The proposed addition of Rule 6.2 provides a single procedure for mental-health proceedings

under 18 V.S.A. Chapters 179 and 181 (Involuntary Treatment); 18 V.S.A. § 8840 (Commitment to

the Commissioner for Custody, Care, and Habilitation); and 18 V.S.A. Chapter 215 (Guardianship

Services for People with Developmental Disabilities). The proposed rule delineates which civil

rules apply in these proceedings, indicates the proper venue for these proceedings, addresses

appointment of counsel, and includes provisions on scheduling, discovery, and consolidation. The

proposed rule allows documents to be filed electronically in these proceedings.

Comments on these proposed amendments should be sent by December 2, 2019, to Hon. Michael

Kainen, Chair of the Advisory Committee on Rules for Family Proceedings, at the following

address:

Hon. Michael Kainen, Chair

Windham Civil Division

PO Box 207

Newfane, VT 05345

Michael.kainen@vermont.gov

d. Proposed Order Amending Rule 62(a)(3)(A) of the Vermont Rules of Civil Procedure

The proposed amendment to Rule 62(a)(3)(A) deletes a comma after the word “chattel” in the

second line to eliminate an ambiguity regarding the timing of when an order for possession could be

issued. The proposed change is meant to clarify that the 14-day limit applies to issuance of an order

of possession as well as to commencement of enforcement proceedings, consistent with the original

intent of paragraph (3) to provide “a single uniform procedure for final judgements in possessory all

actions.” See Reporter’s Notes to 1996 amendment adding Rule 62(a)(3).

Comments on this proposed amendment should be sent by December 2, 2019, to Allan Keyes,

Esq., Chair of the Advisory Committee on Rules of Civil Procedure, at the following address:

Allan Keyes, Esq., Chair

Civil Rules Committee

Ryan Smith & Carbine, Ltd.

P.O. Box 310

Rutland, VT 05702 0310

ark@rsclaw.com

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.