Vt. Memo to the Bar, Jan. 14, 2022

SUPREME COURT OF VERMONT

OFFICE OF THE COURT ADMINISTRATOR

SCOTT GRIFFITH Mailing Address

Interim State Court Administrator Office of the Court Administrator

Scott.Griffith@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: Scott Griffith, Interim State Court Administrator

RE: Emergency Amendment to A.O. 49 (30th Amendment)

DATE: January 14, 2022

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For your information, please find:

PROMULGATED RULE AMENDMENT

AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 1-14-22

This Order was promulgated on January 14, 2022, effective immediately.

Paragraph 3(a) is amended to clarify that the trial courts retain discretion to hold jury trials if

safety measures are in place. This decision is consistent with current guidance received from the

Vermont Judiciary’s infectious disease expert that in-person jury draws and trials are safe so long

as the particular courthouse has been approved for in-person jury trials and all participants

observe social distancing and wear masks. The amendment provides a list of factors for the trial

court to considering in determining whether to hold a jury draw or jury trial, including the

potential disruption to proceedings due to COVID-19 infections. Paragraph 3(b) is added to

allow the trial court to impanel as many alternate jurors as reasonably required notwithstanding

V.R.Cr.P. 24(d)(1), which directs that no more than four jurors be impaneled to sit as alternate

jurors. More alternate jurors may be necessary in case there is any disruption caused by the

excusal of seated jurors due to COVID-19 infection, illness, or isolation.

Prior paragraphs 3(b) and (c) are relettered as (c) and (d).

The full text of Administrative Order 49 and other updates regarding COVID-19 and court

operations are available at [https://www.vermontjudiciary.org/about-vermont-judiciary/covid-19-

and-court-operations]