Vt. Sup. Ct. Promulgation Order of Mar. 10, 2025: AO9Rule12D

STATE OF VERMONT

VERMONT SUPREME COURT

MARCH TERM, 2025

Order Promulgating Amendment to Rule 12.D of Administrative Order No. 9, Permanent

Rules Governing Establishment and Operation of the Professional Responsibility Program

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

1. That Rule 12.D be amended as follows (new matter underlined):

Rule 12. Screening Counsel and Filing and Review of Disciplinary Complaints

D. Complainant’s Right to Independent Review. Screening Counsel may close or dismiss

complaints which, in Counsel’s judgment, do not require either formal investigation by

Disciplinary Counsel or referral to an alternate program. In such cases, Counsel must inform the

complainant in writing of the decision and the reasons, and notify the complainant of the right to

seek review from the Board chair. The complainant has 30 days from the date of Screening

Counsel’s decision to request review. Review conducted pursuant to this rule is on the record.

Reporter’s Notes—2025 Amendment

Current Board policy requires a complainant to seek review of Screening

Counsel’s decision within 30 days of the date of the decision. This

amendment changes the requirement from policy to rule.

The final sentence clarifies that review is on the record. The Board Chair

is not required to review information that was not provided to Screening

Counsel. The Chair may, however, consider such information as a reason

to ask Screening Counsel to reopen the file. When review is requested, the

Board Chair is not required to interview or meet with the complainant.

2. That this administrative order, as amended, is prescribed and promulgated effective

July 1, 2025. The Reporter’s Notes are advisory.

3. That the Chief Justice is authorized to report this amendment to the General Assembly in

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

Dated in Chambers at Montpelier, Vermont, this 10th day of March, 2025.

____________________________________

Paul L. Reiber, Chief Justice

___________________________________

Harold E. Eaton, Jr., Associate Justice

____________________________________

Karen R. Carroll, Associate Justice

Signed by the Vermont Supreme Court ____________________________________

William D. Cohen, Associate Justice

____________________________________

Nancy J. Waples, Associate Justice