Vt. Sup. Ct. Promulgation Order of July 8, 2025: Codeof Judicial Conduct Rule3.4

STATE OF VERMONT

VERMONT SUPREME COURT

JULY TERM, 2025

Order Promulgating Amendment to Rule 3.4 of the

Vermont Code of Judicial Conduct

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

1. That Rule 3.4 of the Vermont Code of Judicial Conduct be amended to read as follows (new

matter underlined):

Rule 3.4. Appointments to Governmental Positions

A judge shall not accept appointment to a governmental committee, board, commission, or

other governmental position, unless it is one that concerns the law, the legal system, or the

administration of justice. Nothing in this rule shall prohibit a judge from serving as a member of

a volunteer fire department or rescue squad.

Comment:

[1] Rule 3.4 implicitly acknowledges the value of judges accepting appointments to entities that

concern the law, the legal system, or the administration of justice. Even in such instances,

however, a judge should assess the appropriateness of accepting an appointment, paying

particular attention to the subject matter of the appointment and the availability and allocation of

judicial resources, including the judge's time commitments, and giving due regard to the

requirements of the independence and impartiality of the judiciary.

[2] A judge may represent his or her country, state, or locality on ceremonial occasions or in

connection with historical, educational, or cultural activities. Such representation does not

constitute acceptance of a government position.

[3] The exception allowing service on a volunteer fire department acknowledges the benefits of

such service to a judge’s community as a whole. In that capacity a judge may accept the same

compensation or stipend as received by other members performing similar service. Any such

compensation would be subject to public reporting pursuant to Rule 3.15.

Reporter’s Notes—2026 Amendment

Rule 3.4 is amended to explicitly allow a judge to participate on a

volunteer fire department or rescue squad. A municipal fire department or

rescue squad is not a municipal board, commission, or committee per se.

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, and less like serving as an officer or director of a governmental

advisory council, which is not otherwise permitted under this Rule. New

Comment [3] explains the benefit of having judges perform this function

and the financial reporting requirement for compensation received.

2. That this rule, as amended, is prescribed and promulgated to become effective January 1,

2026. 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 8th day of July, 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