Vt. Memo to the Bar, Sept. 16, 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: Promulgated, Proposed Rules & Miscellaneous Information

DATE: September 16, 2020

For your information, please find:

• Order Promulgating Amendments to Rule 6(b)(5) of the Vermont Rules for Public Access to Court Records

• Proposed Amendments to Rule 6(b) of the Vermont Rules for Public Access to Court Records, Rules 4(c) and

10 of the Vermont Rules Governing Qualifications, List, Selection and Summoning of All Jurors, Rule

24(a)(2) of the Vermont Rules of Criminal Procedure, and Rule 47(a)(2) of the Vermont Rules of Civil

Procedure

• Odyssey Electronic Filing & Other Important Info

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

Order Promulgating Amendments to Rule 6(b)(5) of the Vermont Rules for Public Access to

Court Records

This Order was promulgated on September 14, 2020; effective November 16, 2020.

Rule 6(b)(5) is amended to conform the rule to statutory amendments regarding expungement

and sealing of criminal-history record information in cases where a judicial officer has found no

probable cause for some, but not all, of the charges brought in a single information by the

prosecuting attorney. Per 2019, No. 32, 13 V.S.A. § 7603(a)(1)(A) now provides that unless either

party objects in the interests of justice, the court shall issue an order sealing the criminal history

record related to the citation or arrest of a person within 60 days after the final disposition of the

case if the court does not make a determination of probable cause at the time of arraignment. This

amendment is consistent with Vermont Rule for Public Access to Court Records 6(b)(5) and its

long-standing predecessor Rule 6(b)(24). However, 13 V.S.A. § 7606(c)(1) and (2) now provide

that the court shall remove an expunged offense from any accessible database that it maintains,

but that until all charges on a docket are expunged, the case file shall remain publicly accessible.

The present amendment accordingly states that until all charges on a docket are expunged, the

case file shall remain publicly accessible.

II. PROPOSED RULE AMENDMENTS

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

BEEN APPROVED BY THE SUPREME COURT.)

Proposed Amendments to Rule 6(b) of the Vermont Rules for Public Access to Court Records,

Rules 4(c) and 10 of the Vermont Rules Governing Qualifications, List, Selection and Summoning

of All Jurors, Rule 24(a)(2) of the Vermont Rules of Criminal Procedure, and Rule 47(a)(2) of the

Vermont Rules of Civil Procedure

The proposed amendment to Rule 6(b)(19) clarifies the confidentiality of responses by potential

jurors to questionnaires completed in determining qualification for service. The proposed addition

of this exception to the rules for public access accompanies proposed contemporaneous

amendments of a number of other procedural rules, including Rules 4 and 10 of the Rules

Governing Qualifications, List, Selection and Summoning of All Jurors (which provide for

questionnaires to potential jurors in determination of qualification and eligibility for service and

circumstances of access to content), as well as V.R.C.P. 47(a) and V.R.Cr.P. 24(a), which

primarily govern access to juror questionnaire information by parties and their attorneys for

purposes of voir dire in jury selection. The proposal also seeks to remedy inconsistencies among

the existing rules as to the specific juror questionnaire content that is publicly accessible, and that

which is not. In consequence of the proposed contemporaneous amendments, most content of

juror responses to questionnaires related to service remains accessible to attorneys and parties in

the case for which the juror may be chosen to serve. However, such information is not publicly

accessible, absent a judicial determination of good cause for the disclosure. The proposed

amendments clarify that as to public access, there is no bar to disclosure of information contained

in a questionnaire in the voir dire process itself, in interrogation of potential jurors and in the

exercise of challenges by attorneys and self-representing parties.

Comments on these proposed amendments should be sent by November 16, 2020, to Hon.

Walter Morris, (Ret.), Reporter for the Advisory Committee on Rules of Criminal Procedure, at

the following address:

Honorable Walter Morris (Ret.), Reporter

Advisory Committee on Rules of Criminal Procedure

Walter.Morris@vermont.gov

III. MISCELLANEOUS

a. Odyssey Electronic Filing and Other Important Information

The Addison, Bennington, Chittenden and Rutland trial courts and Environmental Division

began using Odyssey on September 1st, with electronic filing to commence on or about October

19th. Odyssey and electronic filing are already operational in the Orange, Windsor, and Windham

trial courts and the Judicial Bureau. Please use the following links to access Odyssey electronic

filing and portal systems and for more information.

Odyssey File & Serve. Odyssey File & Serve (OFS) is the platform through which you will

electronically file with the courts. To access Odyssey File & Serve, please visit

https://vermont.tylerhost.net/ofsweb. This page contains user guides in the lower left-hand corner.

They include instructions on how to register and use OFS. For information about OFS processing

fees and for docket specific user guides, please visit https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing.

For technical support regarding Odyssey File & Serve, please contact Tyler Technologies at 800-

297-5377 or efiling.support@tylertech.com

Odyssey Public Portal. The Odyssey Public Portal allows you to view your case files. To access

the portal, please visit https://publicportal.courts.vt.gov/Portal/. Before you can view your case

files, you must first register in the portal and then request elevated access. The Public Portal User

Guide contains instructions on how to register and request elevated access. You can read the user

guide via this link:

https://www.vermontjudiciary.org/sites/default/files/documents/VT%20Public%20Portal%20User

%20Guide%20v8.pdf. For full information on how to use the portal, please visit

https://www.vermontjudiciary.org/about-vermont-judiciary/public-portal.

For technical support regarding the Public Portal, please contact the Vermont Judiciary’s

HelpDesk at Jud.helpdesk@vermont.gov. When emailing, please write "Public Portal" in the

subject line.

FAQ. Please visit https://www.vermontjudiciary.org/odyssey for answers to frequently asked

questions and updates about the project.

Efiling Training Opportunities

Register for a live e-filing training webinar. Starting September 10, 2020, Tyler Technologies

will offer online training session on how to electronically file documents using Odyssey File &

Serve. These sessions are offered for free and registration is open to all, including attorneys, firm

administrators, self-represented litigants, and state agency employees. To register please click

here: https://register.gotowebinar.com/rt/7806326256261273102

Watch a pre-recorded e-filing training webinar. The judiciary’s NG-CMS project team

recorded a demonstration of how to use Odyssey File & Serve that you can view here:

https://www.youtube.com/watch?v=ke2ouMDK4VQ&feature=emb_title. You may also watch a

pre-recorded webinar by Tyler Technologies, by visiting

https://register.gotowebinar.com/recording/5669820132306504203 and registering.

Practice setting up your firm and submitting filings. Do you want hands on practice using the

system? Create your firm, register users and begin filing practice cases in the Vermont “Stage”

environment. Be sure that the web address you're using includes the word “stage”

(https://vermont-stage.tylerhost.net/ofsweb). The Stage environment is available any time. Please

note that submissions will only be reviewed periodically, so you may not get a timely response on

whether your practice submissions have been accepted. The Stage environment is available now

only for familiarity and direct hands-on experience and is not a substitute for registering on the

actual efiling site when you are ready.

Read Vermont specific e-filing guides. The Vermont Judiciary’s website includes several efiling guides to help you navigate Odyssey File & Serve. Visit

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

click on Odyssey File and Serve User Guides to view the most updated versions.

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.