Vt. Sup. Ct. Promulgation Order of Dec. 16, 2024: A.O.5

STATE OF VERMONT

VERMONT SUPREME COURT

DECEMBER TERM, 2024

Order Abrogating Administrative Order No. 5

PROMPT DISPOSITION OF CRIMINAL CASES

Pursuant to the Vermont Constitution, Chapter II, § 30, it is hereby ordered:

1. That Administrative Order No. 5, promulgated January 10, 1972, and subsequently amended, be

abrogated.

Reporter’s Notes—2024 Amendment

Administrative Order No. 5 is abrogated in its entirety.

This order was promulgated in 1972 to promote the prompt and

efficient disposition of criminal causes. The order established priorities

for scheduling of criminal cases and set time periods within which a trial

should proceed depending on whether a defendant was in custody and

absent exceptional circumstances. The time frames are discretionary,

however, and do not bind trial courts or entitle defendants to dismissal

for noncompliance. See State v. Snide, 144 Vt. 436, 441, 479 A.2d 139,

143 (1984) (explaining that A.O. 5 “is entirely discretionary, and it is for

the trial court to determine, in each case, whether dismissal shall

result”). Moreover, the time frames are not realistic, particularly for

complex felony cases. State v. Reynolds, 2014 VT 16, ¶ 13, 196 Vt. 113,

95 A.3d 973 (explaining that A.O. 5 “proved to set impossibly short

deadlines for the pretrial preparation of serious felony cases”).

In addition, the time periods are confusing in that they conflict with

the disposition guidelines for criminal cases, which are separately

established in Administrative Directive 24. Therefore, A.O. 5 is

abrogated.

2. That this Order be effective immediately. The Reporter’s Notes are advisory.

3. That the Chief Justice is authorized to report these amendments to the General Assembly in

accordance with the provisions of 12 V.S.A. § 1, as amended.

Dated in Chambers at Montpelier, Vermont, this 16th day of December, 2024.

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Paul L. Reiber, Chief Justice

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Harold E. Eaton, Jr., Associate Justice

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Signed by the Vermont Supreme Court

Karen R. Carroll, Associate Justice

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William D. Cohen, Associate Justice

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Nancy J. Waples, Associate Justice