The Vermont Supreme Court's Advisory Committee on Rules for Family Proceedings will convene virtually via TEAMS on July 19, 2024, from 1:30 to 3:00 pm. The meeting will address several agenda items, beginning with the approval of draft minutes from the January 26, 2024 meeting.
Key items include the status of proposed amendments. The committee will review a proposed amendment to V.R.F.P. 1(i)(2)(B) and (7) concerning respectful language, which was favorably reviewed by the Legislative Committee on Judicial Rules (LCJR) on June 19, 2024. Promulgation by the Supreme Court is pending.
Another significant item is the proposed removal of V.R.F.P. 15(i), related to eCabinet registration number requirements. This amendment is currently out for public comment until April 26, 2024. Judge McDonald Kerry will report on any received comments, and a vote may be held on whether to propose promulgation to the Supreme Court.
The committee will also discuss rules related to Special Immigration Status for Vulnerable Non-Citizen Children (SJIS). S.163/Act 98 has substantially amended relevant statutes and added new sections related to children in juvenile proceedings. Draft amendments to Rule 4.1 and Rule 4.3 regarding case manager conferences and waiver of service will be reviewed.
A report from the Subcommittee on Family Rules for Proceedings related to Extreme Risk Protection Orders (ERPO) is expected as well. This subcommittee includes Judge McDonald-Cady, Rachel Streker, Laura Bierly, Susan Buckholz, and Kristin Gozzi.
An amendment to Rule 4.2(e) concerning venue for post-judgment motions will be discussed next. The current rule allows filing in a different county than where the original judgment was issued under certain conditions; however, changes necessitated by a new e-filing system require adjustments.
The applicability of V.R.Cr.P. 41.1 (Non-Testimonial Orders) to juvenile proceedings will also be considered following a referral from the Criminal Rules Committee.
Items currently on hold include proposals for reviewing family rules for respectful language and an amendment requiring automatic scheduling of child support hearings when parent-child contact extent is modified.
New business matters and scheduling future meetings are also part of the agenda before adjournment.