Vt. Sup. Ct. Promulgation Order of Feb. 10, 2026: A.O. 9,Rules 13.D,15.A.,16.B.,17.C.,18and27.A

STATE OF VERMONT

VERMONT SUPREME COURT

FEBRUARY TERM, 2026

Order Promulgating Amendments to Rules 13.D, 15, 16.B, 17.C., 18, and 27.A 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 13.D be amended as follows (new matter underlined; deleted matter struck

Rule 13. Disciplinary and Disability Proceedings

D. Formal Proceedings.

(1) Filing of charges: notice to complainant. Disciplinary counsel may initiate formal

disciplinary proceedings either: (a) by filing with the Board facts stipulated to by the respondent,

along with any proposed legal conclusions and recommended sanction which disciplinary

counsel and respondent, either separately or jointly, would like the hearing panel to consider; or

(b) by filing with the Board and serving upon respondent a petition of misconduct which is

sufficiently clear to inform respondent of the alleged misconduct and the rules alleged to have

been violated.

Disciplinary counsel shall inform the complainant of the filing of formal charges against the

respondent.

(2) Assignment of hearing panel. Upon receipt of the stipulation or petition, the Board shall

assign the matter to a hearing panel pursuant to a fixed rotation. Substitution of members will be

allowed only in the event of conflicts of interest or unavailability.

(3) Answer. If proceedings are initiated by petition, respondent shall serve an answer upon

disciplinary counsel and file the original answer with the Board within 20 days after the service

of the petition, unless the time is extended by the chair of the hearing panel. In the event the

respondent fails to answer within the prescribed time, the charges shall be deemed admitted,

unless good cause is shown.

(4) Hearing. If an answer to a petition of misconduct is filed, the hearing panel shall serve

send a notice of hearing upon to disciplinary counsel and respondent, stating the date and place

of hearing at least 25 days in advance thereof. If stipulated facts are filed, the hearing may be

scheduled sooner at the discretion of the chair. The notice of hearing on a petition of misconduct

shall state that the respondent is entitled to be represented by a lawyer, to cross-examine

witnesses, and to present evidence. Disciplinary counsel shall further inform the complainant of

the date and place of the hearing. The hearing shall be recorded.

(5) Hearing panel decision; service; finality.

(a) Where proceedings have been initiated by stipulated facts, the hearing panel shall

review the stipulation and either: (i) reject the stipulation, in which case the parties may amend

and resubmit it, or disciplinary counsel may reinstitute proceedings by filing a petition of

misconduct in accordance with this Rule; or (ii) accept the stipulation and adopt it as its own

findings of fact, although the panel may take further evidence on the issue of sanctions.

(b) Where proceedings have been initiated by petition, disciplinary counsel shall have the

burden of proving the alleged violations by clear and convincing evidence. In its discretion, the

hearing panel may bifurcate the hearing in order to consider evidence relevant to the charged

violations separately from evidence relevant to sanctions.

(c) The hearing panel shall in every case issue a decision containing its findings of fact,

conclusions of law, and the sanction imposed, if any, within 60 days after the conclusion of the

hearing. The panel shall promptly serve send its decision on to disciplinary counsel and the

respondent, and submit a copy, together with a record of its proceedings, pleadings and briefs,

if any were submitted, to the Board for filing with the Court. The Board shall promptly inform

the complainant of the decision and provide a copy to the complainant if so requested. If no

appeal is served and filed within 30 days of the hearing panel decision, and the Court does not

otherwise order review on its own motion, the decision shall become final, and shall have the

same force and effect as an order of the Court.

Rule 13.D is amended to update terminology and allow for

electronic filing in proceedings before hearing panels. Rule

13.D(3) is amended to replace the word “original” with “answer”

in recognition of the fact that electronic documents do not have an

original as understood in the paper world. The amendments to Rule

13.D(4) and (5)(c) clarify that the panel sends orders and hearing

notices; it does not serve the parties as that word is defined and

used in Rule 18 and the incorporated civil and electronic filing

rules.

2. That Rule 15 be amended as follows (new matter underlined; deleted matter struck through):

Rule 15. Sanctions

A. Types of Sanctions. Misconduct shall be grounds for one or more of the following

sanctions:

(1) Disbarment, in which case the lawyer shall not be eligible for readmission for at least five

years;

(2) Suspension for an appropriate fixed period of time not in excess of three years;

(3) Immediate interim suspension, pending final determination of discipline;

(4) Public reprimand, which shall be published in the Vermont Reports and in a newspaper of

general circulation in the geographical area in which the lawyer practices law;

(5) Admonition. Two types of admonition may be imposed:

(a) Admonition by disciplinary counsel imposed with the consent of the respondent and

the approval of a hearing panel. Admonitions An admonition by disciplinary counsel cannot

may be imposed after only before formal charges proceedings have been issued initiated.

(b) Admonition by a hearing panel may be imposed only after formal charges have been

issued initiated.

All admonitions shall be in writing and served upon sent to the respondent. Only in cases of

minor misconduct, when there is little or no injury to a client, the public, the legal system, or the

profession, and when there is little likelihood of repetition by the lawyer, should an admonition

be imposed. A summary of the conduct for which an admonition was imposed shall be published

for the education of the profession, but the lawyer shall not be identified in the published

decision. Admonitions may be used in subsequent proceedings in which the respondent has been

found guilty of to have committed misconduct as evidence of prior misconduct bearing upon the

issue of the sanction to be imposed in the subsequent proceeding.

(6) Probation:

(a) Imposition of Probation. Probation may be imposed only in conjunction with any other

sanction, reinstatement from disability, and reinstatement from disbarment or suspension. It

shall be used only in those cases in which there is little likelihood that the respondent will harm

the public during the period of probation and the conditions of probation can be adequately

supervised. Probation shall be imposed for a specific period and on notice and opportunity to

be heard may be renewed for an additional period.

(b) Conditions in Writing. The conditions of the probation shall be in writing. Only the

Court may impose conditions of probation which limit the lawyer's practice of law in this

jurisdiction, except that the hearing panel may do so with the lawyer's consent. All or some of

the costs of probation may be assessed against the lawyer. The probation will be supervised by

a probation monitor approved by the hearing panel or disciplinary counsel, with any expense

borne by respondent. Probation shall be terminated upon the filing of an affidavit by the

respondent showing compliance with the conditions and an affidavit by the probation monitor

stating that probation is no longer necessary and summarizing the basis for that conclusion.

(c) Violation of Probation. A violation of probation may be the basis for interim suspension

pursuant to Rule 22 or may be the basis of independent disciplinary charges which shall be

proven by clear and convincing evidence under the same procedures as for charges of

misconduct. Upon proof of a probation violation, any sanction under these rules may be

imposed. Allegations of violation of probation imposed in conjunction with a reprimand,

suspension, or reinstatement shall proceed as public proceedings.

(7) Reimbursement of retainers, fees, trust funds, or other monies collected or received by

the lawyer on a client's behalf, but reimbursement shall not be imposed unless some other

sanction is imposed;

(8) Assessment of the costs of proceedings, but only in reinstatement or probation violation

proceedings.

B. Prior Misconduct. Prior findings of misconduct, including admonitions, may be considered

in imposing sanctions.

Rule 15.A is amended to indicate that an admonition will be sent

to the respondent, rather than served on the respondent because the

panel or disciplinary counsel is not required to serve the

admonition as that word is defined and used in Rule 18 and the

incorporated civil and electronic filing rules. Other minor changes

in language are not meant to alter the substance of the rule.

3. That Rule 16.B be amended as follows (new matter underlined; deleted matter struck

Rule 16. Access to Disciplinary Information.

B. Availability of Information after Filing of Formal Charges.

(1) In General. All Except as provided in (B)(2) and (3), all Professional Responsibility

proceedings and all records pertaining thereto formally submitted to a hearing panel after the

filing of formal charges or stipulation shall be public unless the complainant, disciplinary

counsel, or respondent obtains from a hearing panel or the Board a protective order for specific

testimony, documents, or records.

(2) Work Product. Notwithstanding the above, the The work product of the Board, hearing

panel, and their counsel, as well as the deliberations of the hearing panel, Board, and Court shall

remain confidential.

(3) Private Admonition. When an admonition is imposed after formal proceedings are initiated,

all proceedings and records pertaining thereto shall be confidential within the program, unless

confidentiality is waived by both the complainant and the respondent attorney, or is otherwise

dispensed with for good cause by order of the Board chair.

Rule 16.B is amended to make a public file confidential if an

admonition is imposed. The amendment reflects the Professional

Responsibility Board’s consideration of the inconsistency when a

proceeding that, by rule, is public results in a sanction that, by rule,

does not identify the respondent. The rule change reflects the

Board’s assessment that that if a sanction does not identify the

respondent, the record of the proceedings that resulted in the

sanction must also be confidential.

4. That Rule 17.C be amended as follows (new matter underlined; deleted matter struck

Rule 17. Dissemination of Disciplinary Information.

C. Notice to the Courts. Disciplinary counsel shall promptly transmit a certified copy of the

order of suspension, disbarment, reinstatement, transfer to or from interim suspension status and

transfer to or from disability inactive status to all courts in this state. In addition, bar disciplinary

counsel may request the presiding judge of the superior court of the county in which a

respondent, transferred to disability inactive status or otherwise unable to comply with the

requirement of Rule 27, maintained a law practice to take such action under the provision of

Rule 28 as may be indicated in order to protect the interests of the respondent and respondent’s

clients.

Rule 17.C is amended to indicate that although disciplinary

counsel must send any order of suspension, disbarment,

reinstatement, transfer to or from interim suspension status, and

transfer to or from disability inactive status to all courts, it need not

be certified. The second sentence is amended to indicate that it is

disciplinary counsel, not bar counsel, who is responsible for

contacting a judge to get a respondent to comply with Rule 27.

5. That Rule 18 be amended as follows (new matter underlined; deleted matter struck through):

Rule 18. Service and Filing.

A. Service and Filing of Disciplinary or Disability Petition. Disciplinary counsel must file a

disciplinary or disability petition with the Board in accordance with the Vermont Rules for

Electronic Filing. Service upon the respondent of Disciplinary counsel must serve the petition in

any disciplinary or disability proceeding shall be made by either (1) registered or certified mail,

with restricted delivery and return receipt requested at an address shown on the licensing

statement last filed by respondent or other last known address, or may be by (2) personal service,

by any person authorized by the chair of the Board. Service in all other respects shall be

governed by the Vermont Rules of Civil Procedure.

B. Service and Filing of Other Pleadings and Documents Papers. Service of any other

papers or notices required by these rules shall, unless otherwise provided by these rules, be made

The parties must serve and file other pleadings and documents in accordance with Rule 5 of the

Vermont Rules of Civil Procedure, unless otherwise provided in these rules.

Rule 18 is amended to clarify the requirements for filing and

service with implementation of electronic filing in proceedings

before hearing panels of the Board. Rule 18.A delineates that the

initial petition in either a disciplinary or disability petition must be

filed by disciplinary counsel in accordance with the Vermont Rules

for Electronic Filing. Disciplinary counsel is also responsible for

serving the initial petition on the respondent. The methods for that

service are unchanged. Rule 18.B is amended to clarify that filing

and service of all subsequent pleadings and documents must be

made as provided in V.R.C.P. 5, unless some other method is

provided in the rules. Civil Rule 5 provides how documents must

be filed with the court (here, the panel) and the methods for

serving other parties, depending on if they are electronic filers.

6. That Rule 27.A be amended as follows (new matter underlined; deleted matter struck

Rule 27. Notice to Client, Adverse Parties, and Other Counsel.

A. Recipients of Notice: Contents. Within ten 14 days after the date of the decision or order

imposing discipline or transfer to disability inactive status, a respondent disbarred, transferred to

disability inactive status, placed on interim suspension or suspended must shall notify or cause to

be notified by registered or certified mail, return receipt requested:

(1) Notify by registered or certified mail All all clients being represented in pending

matters (and shall call attention to any urgency for action on the client’s part);

(2) Notify by email or mail Any co-counsel in pending matters; and

(3) Notify according to the service rules Any any opposing counsel in pending matters, or

in the absence of such counsel, the adverse parties.

Rule 27.A is amended to clarify how notice of a disciplinary or

disability decision must be provided to clients, co-counsel in

pending matters, and opposing counsel or adverse parties.

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

July 1, 2026. The Reporter’s Notes are advisory.

8. 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 10th day of February, 2026.

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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 Nancy J. Waples, Associate Justice

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Christina E. Nolan, Associate Justice

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Michael P. Drescher, Associate Justice