Vt. Memo to the Bar, Sept. 18, 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: Proposed Rules, Court Administrator Directive PG-14 & Miscellaneous Information

DATE: September 18, 2020

For your information, please find:

• Proposed Order Amending Rules 2(a), 7(f), 8(c), 9(c), 12(a), and 15(c) of the Vermont Rules of Admission to

the Bar of the Vermont Supreme Court

• Court Administrator Administrative Directive PG-14 – Electronic Filing BRACE

• Odyssey Electronic Filing & Other Important Info

• 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.)

Proposed Order Amending Rules 2(a), 7(f), 8(c), 9(c), 12(a), and 15(c) of the Vermont Rules

of Admission to the Bar of the Vermont Supreme Court

The proposed amendments to Rule 2(a) broaden the definition of “actively engage in the

practice of law” to specifically allow law professors and qualified arbitrators and mediators to be

eligible for admission without examination. A proposed catchall provision has also been added in

2(a)(8).

The proposed amendment to Rule 7(f) removes the requirement in former 7(f)(2)(A)(v) that

Law Office Study registrants submit their six-month reports in duplicate.

The proposed amendment to Rule 8 removes the cure provision in 8(c)(4) that allowed

applicants with law degrees from non-common law countries to establish equivalency by

completing a qualifying LLM at an ABA-approved law school.

The proposed amendment to Rule 9(c)(5), which details the eligibility requirements to sit for the

UBE prior to graduation, requires that applicants take the necessary coursework for the UBE and

are approved by their law school to sit for the UBE prior to graduation.

The proposed amendments to Rules 12(a)(1) and 15(c) make the first-year CLE requirements

consistent with recent changes to the Rules for Mandatory Continuing Legal Education.

Comments on these proposed amendments should be sent by November 18, 2020, to Andrew

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

Andrew Strauss, Licensing Counsel

Andrew.Strauss@vermont.gov

II. COURT ADMINISTRATOR DIRECTIVE

Court Administrator Administrative Directive PG-14 – Electronic Filing BRACE

This directive was signed on September 18, 2020.

The directive indicates that pursuant to 2020 Vermont Rule for Electronic Filing 1(d), the Court

Administrator is authorizing electronic filing to begin on October 19, 2020 in all divisions of

Bennington, Rutland, Addison, and Chittenden Units, and the Environmental Division.

Please see information below regarding how to register for efiling and on training opportunities.

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 1, with electronic filing to commence on October 19.

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.