Legislative Committee on Judicial Rules

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Thursday, June 8, 2017

Meeting Details

Hearing Type

Standard

Comments

Room 10

Meeting Record

12:30 PM

Election of Chair and Vice-Chair

12:40 PM

Approve Minutes

Minutes from November 28, 2016 meeting

12:45 PM

Promulgated Rule

12. Promulgated Rule (proposed June 15, 2016; reviewed by LCJR 11/28/16; promulgated December15, 2016; effective February 20, 2017).

a. V.R.Cr.P. 17(a), (c). Clarifying that a subpoena is provided by the clerk of court but actually issued by a judicial officer, and adding an express provision for subpoenas of objects (such as documents and electronically stored information) outside the context of deposition or judicial proceedings.

• Walter Morris, Retired, Reporter, Advisory Committee on Rules for Criminal Procedure
  
• Thomas Zonay, Superior Court Judge, Chair, Advisory Committee on Criminal Rules
  

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Proposed Rule

13. Proposed Rule (proposed March 20, 2017; comments due May 19, 2017, not yet reviewed by LCJR).

a. V.R.Cr.P. 32(g). Establishing specific procedures for restitution hearings held pursuant to 13 V.S.A. § 7043.

• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Walter Morris, Retired, Reporter, Advisory Committee on Rules for Criminal Procedure
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  
• Thomas Zonay, Superior Court Judge, Chair, Advisory Committee on Criminal Rules
  

1:00 PM

Emergency Amendments

1. Emergency Amendments (promulgated April 20, 2017; effective April 24, 2017).

a. V.R.C.P. 77(e), Rule 6(b) of the Rules for Public Access to Court Records. Repealing the prohibition on disclosing the filing of a court action until at
least one defendant receives actual notice of the action or the action is finally disposed of.

• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  

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Monday, October 23, 2017

Meeting Details

Hearing Type

Standard

Meeting Record

10:00 AM

Approve Minutes

Approval of Minutes of 6/8/2017 meeting

10:05 AM

Judicial Rules

Discussion of 8/17/2017 memo from Justice Oversight Committee

• Erik FitzPatrick, Legislative Counsel, Office of Legislative Council
  

10:15 AM

Video Arraignments

1. Video Arraignments: Act 85 Amendment to Vermont Rules of Criminal Procedure 43(a); Vermont Rules of Criminal Procedure 5.

• Erik FitzPatrick, Legislative Counsel, Office of Legislative Council
  
• Hon. Brian Grearson, Chief Superior Judge, Office of Chief Superior Judge
  
• Honorable Walter Morris , Retired Reporter, Advisory Committee on Rules of Criminal Procedures, Vermont Supreme Court
  
• Matthew Valerio, Defender General, Defender General's Office
  

11:30 AM

Promulgated Rule

2. Promulgated Rule (proposed March 20, 2017; reviewed by LCJR 6/8/17; promulgated July 14, 2017; effective September 18, 2017).

a. V.R.Cr.P. 32(g). Establishing specific procedures for restitution hearings held pursuant to 13 V.S.A. § 7043.

• Honorable Walter Morris , Retired Reporter, Advisory Committee on Rules of Criminal Procedures, Vermont Supreme Court
  

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Proposed Rules

3. Proposed Rules (proposed June 1, 2017; comments due September 1, 2017, not yet reviewed by LCJR).
a. V.R.Cr.P. 5. Conforming rule to statutory amendments regarding pretrial risk assessments, needs screenings, and conditions of release.
b. V.R.Cr.P. 11.1. Notice of collateral consequences of conviction.
c. V.R.Cr.P. 44.2. Conforming rule to revised attorney admissions rule that no longer requires law office study as a condition of admission to Vermont bar.

• Honorable Walter Morris , Retired Reporter, Advisory Committee on Rules of Criminal Procedures, Vermont Supreme Court
  

12:00 PM

Promulgated Rules

• Allan Keyes, Chair, Advisory Committee on Civil Rules, Vermont Supreme Court
  
• Kinvin Wroth, Reporter for Civil, Criminal and Family Procedures, Vermont Supreme Court
  

12:30 PM

Adjourn

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