Vt. Memo to the Bar, Mar. 24, 2020

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: Third Amendment to Administrative Order No. 49 – Declaration of Judicial Emergency

and Changes to Court Procedures & Miscellaneous Information

DATE: March 24, 2020

For your information, please find:

• AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 3-

24-19

• Helpful links for Updates and Information about Odyssey and the NG-CMS Project

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENT

AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 3-24-19

This Order was promulgated on March 24, 2020; effective immediately.

This order further amends A.O. 49, which declared a Judicial Emergency on March 16, 2020 in

response to the COVID-19 pandemic.

The order amends ¶ 7 of A.O. 49, which pertains to access to judiciary buildings. The order

removes the March 30, 2020 end date and extends the restrictions on entry during the time the

order is in effect. The amendment also removes the list of countries and regions affected and

instead refers to the list on the Department of Health website.

The order adds a section related to Committees, Boards, and Commissions (committees)

established or governed by the Supreme Court, including those created by administrative orders

and rules. The order indicates that committees will continue to operate to the extent possible. All

in-person meetings are suspended. Committees may meet remotely and must take reasonable steps

to facilitate public observation. In their discretion, committees may hold nonevidentiary hearings

remotely. Evidentiary hearings are postponed but can be excepted from the restriction upon

application to the Supreme Court. The order allows an oath for admission to the bar to be taken

remotely by video. The order also addresses the MCLE requirements for attorney licensing

renewal and provides a waiver for the types of activities for the 2018-2020 reporting period. The

order allows committees to accept filings by email and indicates how to accomplish that filing.

The order addresses venue and allows the Chief Superior Judge, in consultation with the State

Court Administrator, to both assign venue for certain proceedings if all participants can participate

remotely and assign a change in venue if necessary to ensure access to justice and efficient

administration of justice.

II. MISCELLANEOUS

a. Helpful links for Updates and Information about Odyssey and the NG-CMS Project

For ODY Public Portal information: https://www.vermontjudiciary.org/about-vermontjudiciary/public-portal

For information about the Judiciary’s new case management project:

https://www.vermontjudiciary.org/about-vermont-judiciary/next-generation-court-case-management-system

b. 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.

c. 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.

d. 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.