Vt. Memo to the Bar, Mar. 11, 2025

SUPREME COURT OF VERMONT

OFFICE OF THE COURT ADMINISTRATOR

THERESE CORSONES, ESQ. Mailing Address

State Court Administrator Office of the Court Administrator

Therese.Corsones@vtcourts.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: Teri Corsones, Esq., State Court Administrator

RE: Certified Restricted Delivery Fee Increase, Promulgated and Proposed Rules, Approved

Financial Institutions, eFile and Serve and Public Portal Information, Filing of Exhibits &

Other Miscellaneous Info

DATE: March 11, 2025

For your information, please find:

• Certified Restricted Delivery Fee Increased March 3, 2025

• Promulgation Order Amending Rule 12.D of Administrative Order No. 9, Permanent Rules

Governing Establishment and Operation of the Professional Responsibility Program

• Promulgation Order Amending Rule 6(6) and Adding Rule 14 of the Rules of Supreme Court

for Disciplinary Control of Judges

• Proposed Order Amending Rule 54(a) of the Vermont Rules of Probate Procedure

• Proposed Order Amending Rule 17(f) of the Vermont Rules for Family Proceedings

• Proposed Order Amending Rule 3.4 of the Code of Judicial Conduct

• List of Approved Financial Institutions

• eFile & Serve and Public Portal Information

• Filing of Exhibits for Evidentiary Hearing

• Miscellaneous

CERTIFIED RESTRICTED DELIVERY CHARGES INCREASED MARCH 3rd

Actual postage costs have significantly outpaced the rates charged by the Vermont Judiciary over

the past several years. In keeping with the actual costs of U.S. postage, the amount charged by the

Judiciary for mail service of pleadings via certified restricted delivery increased from $13 to $18.50.

The new fee was effective Monday, March 3, 2025.

I. PROMULGATED RULE AMENDMENTS

a. Promulgation Order Amending Rule 12.D of Administrative Order No. 9, Permanent Rules

Governing Establishment and Operation of the Professional Responsibility Program

https://www.vermontjudiciary.org/PROMULGATED--AO9Rule12D--STAMPED

This Order was promulgated on March 10, 2025, effective July 1, 2025.

This amendment pertains to review of screening counsel’s decision to dismiss a complaint

against an attorney. The amendment specifies that a complainant must seek review of screening

counsel’s decision within 30 days of the date of the decision. The amendment also provides that

review is on the record.

b. Promulgation Order Amending Rule 6(6) of and Adding Rule 14 to the Rules of Supreme

Court for Disciplinary Control of Judges

https://www.vermontjudiciary.org/PROMULGATED--

DisciplinaryControlJudgesRules6%286%29andAdding14--STAMPED

This Order was promulgated on March 10, 2025, effective July 1, 2025.

The amendment to Rule 6(6) imposes two requirements regarding complaints of misconduct or

disability. First, new Rule 6(6)(a) requires that the complaint must contain a concise statement of

facts to support the alleged misconduct or disability. This requirement allows the Board to focus

its attention and resources on colorable complaints. Second, under new Rule 6(6)(b), repetitive

complaints filed by the same complainant and found not be meritorious need not be addressed by

the Board. The Chair or Vice Chair of the Board determines whether a complaint meets the

standard.

The addition of Rule 14 provides a mechanism for the Board to restrict the filing of complaints

by complainants who have abused the procedure. Successive and frivolous complaints strain

limited resources and do not further the purposes of the complaint procedure. The rule is based

on a federal court rule also aimed at curtailing abuse of the complaint procedure.

II. PROPOSED RULE AMENDMENTS

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

APPROVED BY THE SUPREME COURT.)

a. Proposed Order Amending Rule 54(a) of the Vermont Rules of Probate Procedure

https://www.vermontjudiciary.org/PROPOSED--VRPP54(a)--FORCOMMENT

This proposed amendment to the rule provides clarity regarding appealable orders from the

probate division. Appealable orders are not defined in either the civil rules or the probate rules

but tend to be defined by case law.

Comments on this proposed amendment should be sent by May 12, 2025, to Hon. Kathryn

Kennedy, Chair of the Advisory Committee on the Rules of Probate Procedure, at the following

address:

Hon. Kathryn A.C. Kennedy, Chair

Kathryn.Kennedy@vtcourts.gov

b. Proposed Order Amending Rule 17(f) of the Vermont Rules for Family Proceedings

https://www.vermontjudiciary.org/PROPOSED--VRFP17(f)--FORCOMMENT

The proposed amendment to Rule 17(f) of the Vermont Rules for Family Proceedings adds

Abuse Maltreatment Prevention for Vulnerable Adults as a proceeding where participation can be

either in person or remote unless a court orders participation by a particular method. These

proceedings are very similar in nature to abuse-prevention proceedings already covered by

V.R.F.P. 17(f) and stalking proceedings under V.R.C.P. 43.1(k).

Comments on this proposed amendment should be sent by May 12, 2025, to Hon. Kerry Ann

McDonald-Cady, Chair of the Advisory Committee on the Rules for Family Proceedings, at the

following address:

Hon. Kerry Ann McDonald-Cady, Chair

Kerry.McDonald-Cady@vtcourts.gov

c. Proposed Amendment to Rule 3.4 of the Vermont Code of Judicial Conduct

https://www.vermontjudiciary.org/PROPOSED--CodeofJudicialConductRule3.4--

FORCOMMENT

The proposed amendment to Rule 3.4 is to explicitly allow a judge to participate on a volunteer

fire department or rescue squad. Service as a volunteer member of a fire department or rescue

squad is comparable to serving as a volunteer for a nonprofit organization, which is permitted in

certain circumstances and subject to certain restrictions under Rule 3.7. New Comment [3]

explains the benefit of having judges perform this function and the financial reporting

requirement for compensation received.

Comments on this proposed amendment should be sent by May 12, 2025, to Hon. Thomas

Zonay, Chief Superior Judge, at the following address:

Hon. Thomas Zonay, Chief Superior Judge

Thomas.Zonay@vtcourts.gov

III. LIST OF APPROVED FINANCIAL INSTITUTIONS

Rule 1.15B(a)(1) of the Vermont Rules of Professional Conduct requires lawyers to maintain their

trust accounts only in financial institutions approved by the Professional Responsibility Board.

Financial institutions which have not been so approved may obtain information as to how to

become certified by contacting jud.attylicensing@vtcourts.gov

For a complete list of Approved Financial Institutions, please click on the following link and select

“Attorney Trust Accounts”:

https://www.vermontjudiciary.org/about-vermont-judiciary/boards-and-commitees/professional-

responsibility

IV. eFILE & SERVE AND PUBLIC PORTAL INFORMATION

eFile and Serve has provided information for court users who are not receiving email notifications

and who question whether their email addresses have mistakenly been placed on a “Suppression

List.” Here’s a link to information in that regard Why was my email placed on the Suppression List?

– eFile (zendesk.com). Here’s another link for court users who wish to have their email addresses

“Safelisted” to ensure proper delivery https://odysseyfileandserve.zendesk.com/hc/en-

us/articles/360046887411.

All Superior Courts, including the Environmental Division, the Judicial Bureau, and the Supreme

Court use eFile and Serve. Please use the following links to access the electronic filing and portal

systems and for more information.

Reminders for eFile Users:

1) PDFs must be “flattened” prior to efiling through eFile and Serve

With the increased use in electronic signature tools, it is important for eFile filers to

remember that all PDFs must be flattened prior to filing in eFile. In order to eFile a form-

fillable PDF or a PDF that has been electronically signed, you must first save them as a flat

file. Otherwise, the filing will fail and you will need to refile.

Follow the steps below to "flatten" a completed PDF:

1. Open the completed PDF.

2. Right click on document and select Print. NOTE: if document opens in Adobe, Select

File and select Print.

3. Select the PDF printer. (The Adobe PDF printer is installed automatically with Adobe

Acrobat. Numerous free PDF printer

drivers are available for download from the Internet.)

4. Select OK.

5. Specify location to save the printed, "flattened" version of the form.

6. Select Save

2) Attorneys must select the party they represent as the “person responsible for fees” in the

Fee section of the filing process. Additionally, when the attorney represents more than one

party, attorneys should continue to select the same party as the “person responsible for

fees”; otherwise, the attorney will incur an additional efiling use fee.

eFile & Serve. eFile and Serve is the platform through which you electronically file with the courts.

To access eFile, please visit https://vermont.tylertech.cloud/OfsWeb/Home

You can access user guides through the “User Guides” link in the “Self Help” window. You can also

access docket-specific user guides and a new Frequently Asked Questions on the judiciary’s

website at www.vermontjudiciary.org/efiling

For technical support regarding eFile, please contact Tyler Technologies at 800-297-5377 or

efiling.support@tylertech.com

If you have procedural questions about eFile, please email the judiciary at

EFileSupport@vtcourts.gov

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

portal, please visit https://portal.vtcourts.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

on our website at https://www.vermontjudiciary.org/about-vermont-judiciary/public-portal

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

at itsupport@vtcourts.gov When emailing, please write “Public Portal” in the subject line.

V. FILING OF EXHIBITS FOR EVIDENTIARY HEARING

Per the 2020 Vermont Rules for Electronic Filing, all electronically filed documents (including

exhibit lists and exhibits) must be submitted in PDF format. The Vermont Judiciary’s website

provides detailed instructions on how to submit exhibits for use at trials and other kinds of

evidentiary hearings. https://www.vermontjudiciary.org/FilersGuidetoExhibitsforHearings

VI. MISCELLANEOUS

a. 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.

b. 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). To update changes in

your contact information, please access your attorney account with the Attorney Portal

c. Receipt of Court Notices and Orders (eCabinet)

The Vermont courts send all court-issued documents (hearing notices, orders, etc.) to attorneys

by email using the email addresses registered in a system called eCabinet. Attorneys may register

up to three email addresses in the system and are responsible for keeping the information

updated. The email address(es) registered in eCabinet are not used for service of documents filed

by opposing parties, which is done through service contacts in Odyssey File & Serve.

To create an eCabinet account or update an existing account, attorneys must contact the

Judiciary helpdesk through one of the methods listed below. Please include your attorney bar

license number in your communication.

• Email itsupport@vtcourts.gov

• Telephone the Judiciary helpdesk at 802-828-4357

• Use the online form eCabinet Registration/Update (cognitoforms.com)

Updating information in the Attorney Portal or in eCabinet does not automatically notify the

other. It is your responsibility to update both. If you are a member of the Vermont Bar

Association, you will also need to separately notify the VBA.