Vt. Memo to the Bar, Oct. 26, 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: Reminder of Virtual Public Hearing (10/28/20 at 3 p.m.) on Proposed Rules on

Confidentiality of Responses on Juror Questionnaires

DATE: October 26, 2020

For your information, please find:

REMINDER OF PUBLIC HEARING ON PROPOSED RULES ON

CONFIDENTIALITY OF RESPONSES ON JUROR QUESTIONNAIRES

Montpelier, VT - The Supreme Court has sent out for comment proposed rules regarding the

confidentiality of responses by prospective jurors on questionnaires used to determine

qualification for jury service. The proposal remedies inconsistencies among existing rules

regarding public access to the information provided in the questionnaires.

In general, the amendment makes all information provided in written responses nonpublic

except the juror’s name and town of residence absent a judicial determination of good cause. The

remaining content of the questionnaires is available to attorneys and parties in the case with

limited exceptions. The parties may use the information during jury voir dire, in the exercise of

challenges, and as authorized by the court. The proposal was developed through the cooperation

of members of several rules committees and amends provisions of the Rules for Public Access to

Court Records, the Rules Governing Qualifications, List, Selection and Summoning of All Jurors,

the Rules of Criminal Procedure, and the Rules of Civil Procedure.

A public hearing on the proposed amendments will be held virtually on Wednesday, October 28,

2020, at 3 p.m. The hearing will be live streamed on the Vermont Judiciary's YouTube channel.

Individuals wishing to speak at the public hearing should contact Emily Wetherell, Deputy Clerk

of the Supreme Court, emily.wetherell@vermont.gov, for information on how to virtually join the

meeting.

The proposed amendments are on the Vermont Judiciary website.

Written comments on these proposed amendments should be sent by November 16, 2020, to

Hon. Walter M. 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