Vt. Sup. Ct. Promulgation Order of Mar. 10, 2025: Disciplinary Control Judges Rules6(6)and Adding14

STATE OF VERMONT

VERMONT SUPREME COURT

MARCH TERM 2025

Order Amending Rule 6(6) of and Adding Rule 14 to the Rules of Supreme Court for

Disciplinary Control of Judges

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

1. That Rule 6(6) of the Vermont Rules of Supreme Court for Disciplinary Control of Judges

be amended as follows (new matter underlined; deleted matter struck through):

Rule 6. General Provisions

(6) The Board shall investigate any complaint submitted to it and may investigate conduct or

disability upon its own motion, subject to the following:

(a) Any complaint must contain a concise statement of facts which, if true, would indicate

probable misconduct or disability.

(b) The Board will not docket a complaint of misconduct, which is repetitive of a prior

complaint that was found nonmeritorious and is filed by the same complainant. The Chair or the

Vice Chair determines whether the complaint meets this standard.

Reporter’s Notes—2025 Amendment

Rule 6 is amended to add subdivisions (a) and (b) 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 need not be addressed by the Board. The Chair or

Vice Chair of the Board determines whether a complaint meets the

standard.

2. That Rule 14 of the Vermont Rules of Supreme Court for Disciplinary Control of Judges be

added to read as follows:

Rule 14. Abuse of Complaint Procedure

A complainant who has filed repetitive, harassing, or frivolous complaints, or has otherwise

abused the complaint procedure, may be restricted from filing further complaints, based on a

majority vote of the Board. After giving the complainant an opportunity to show cause in writing

why the right to file further complaints should not be limited, the Board may prohibit, restrict, or

impose conditions on the complainant’s use of the complaint procedure. Upon written request of

the complainant, the Board, for good cause shown may revise or withdraw any prohibition,

restriction, or conditions previously imposed.

Reporter’s Notes—2025 Amendment

Rule 14 is added to provide 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.

3. That these rules are prescribed and promulgated effective July 1, 2025. The Reporter’s

Notes are advisory.

4. That the Chief Justice is authorized to report this rule 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