Vt. Memo to the Bar, Nov. 3, 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: Sixteenth Amendment to A.O. 49, Promulgated, Proposed Rules & Miscellaneous

Information

DATE: November 3, 2020

For your information, please find:

• AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 11-2-20

• Order Promulgating Amendments to Administrative Order No. 9, Permanent Rules Governing

Establishment and Operation of the Professional Responsibility Program

• Proposed Order Abrogating and Replacing Rule 16 of the of the Vermont Rules of Admission

• Odyssey Electronic Filing & Other Important Info

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

a. AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures

11-2-20

This Order was promulgated on November 2, 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 amendment lifts the ban on evidentiary hearings for Boards and Committees of the

Supreme Court. Under the revised language, Boards and Panels can hold evidentiary hearings

subject to the availability of adequate staffing and resources. The amendment directs that hearings

should be conducted by remote video or audio technology to the maximum extent possible. The

Boards or Panels may preside remotely and require participants to participate or testify remotely.

Any objection to the use of remote audio or video technology will be evaluated by the Board or

Panel using the standards in Vermont Rule of Civil Procedure 43.1. If the Board or Panel

concludes that it is necessary to preside in person or have some or all participants in person, the

protocols for entering judiciary buildings, including screening and social distancing, must be

followed.

The full Order and other updates regarding the Coronavirus Disease 2019 (COVID-19) and

court operations are available at [https://www.vermontjudiciary.org/about-vermontjudiciary/covid-19-and-court-operations]

b. Order Promulgating Amendments to Administrative Order No. 9, Permanent Rules

Governing Establishment and Operation of the Professional Responsibility Program

This Order was promulgated on November 2, 2020; effective February 1, 2021.

Vermont’s Professional Responsibility Program has long focused on prevention and education

as much as on disciplinary prosecution. Assisting attorneys to achieve professional competence is

as critical to an effective system of attorney regulation as investigating and prosecuting violations

of the Rules of Professional Conduct. Proactive regulation serves to protect the public and instill

confidence in the profession while promoting professionalism and civility.

The amendments to A.O. 9 establish a Bar Assistance Program within the purview of the

Professional Responsibility Board. The program will continue to provide guidance and

educational programs on “traditional” legal ethics and professional responsibility. In addition, the

Bar Assistance Program will assist by:

• developing programs to educate judges, lawyers, legal professionals, law students, and the

public on issues related to professional competence, professional responsibility, legal ethics,

law practice management, and behavioral health issues that impact the practice of law;

• developing programs that promote lawyer wellness and educate judges, lawyers, legal

professionals, and law students on issues related to the signs, symptoms, causes, and

prevention of behavioral health issues that affect professional competence and impact the

practice of law; and

• helping impaired lawyers and judges to begin and continue recovery.

The amendment assigns Bar Counsel with the responsibility for operating the Bar Assistance

Program. Although Bar Counsel will continue to respond to ethics inquires, Bar Counsel will not

have any role in screening formal disciplinary complaints. The amendment assigns this task to

Screening Counsel. The proposed rules contain a confidentiality provision, specifying that

information related to the operation of the Bar Assistance Program is confidential except for a

limited list of exceptions.

II. PROPOSED RULE AMENDMENT

(NOTE: THE FOLLOWING AMENDMENT HAS BEEN PROPOSED AND HAVE NOT

BEEN APPROVED BY THE SUPREME COURT.)

Proposed Order Abrogating and Replacing Rule 16 of the of the Vermont Rules of Admission

Proposed new Rule 16 adopts essential character and fitness eligibility requirements that

affirmatively state the abilities needed to become a licensed lawyer. These requirements provide a

clear framework to guide applicants and the Character and Fitness Committee in the

determination of whether an applicant has the requisite moral character and fitness to practice law

in the state. Further, the American Bar Association has recommended that states adopt essential

eligibility requirements to promote lawyer well-being by providing clear eligibility guidelines for

lawyers with mental or physical impairments.

The definition of character and fitness in proposed new Rule 16(b) includes a provision making

it clear that health conditions, including substance-use disorders or mental-health impairments,

are relevant only so far as they impact the applicant’s present ability to meet the essential

eligibility requirements.

Other than the new provisions noted above, the substance of the rule remains unchanged,

although somewhat reorganized to incorporate the new provisions.

Comments on these proposed amendments should be sent by January 4, 2021, to Andrew

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

Andrew Strauss, Licensing Counsel

Andrew.Strauss@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 1, and electronic filing through Odyssey File & Serve began

in these courts 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. Tyler Technologies offers 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.