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Criminal Rules Advisory Committee discusses amendments in upcoming November meeting

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Monday, November 25, 2024

Criminal Rules Advisory Committee discusses amendments in upcoming November meeting

State Supreme Court
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Chief Justice Honorable Paul L. Reiber | Vermont Judiciary Website

The Criminal Rules Advisory Committee is set to convene on November 1, 2024, at 9:30 a.m. The meeting will take place via Teams from the Vermont Supreme Court. The agenda includes several key items and reports.

The meeting will open with Chair John Treadwell providing general announcements and discussing committee member transitions. New members Mary Mossey, Meghan Place, Andrew Schmidt, and Jordana Levine will be introduced. The absence of the committee reporter will also be noted.

One of the first tasks on the agenda is to approve the minutes from previous meetings held on April 12 and August 2, 2024. Reports will follow, including updates from the Legislative Committee on Judicial Rules regarding meetings that took place on June 19 and October 16, 2024.

There are no proposed amendments to criminal rules currently before the court. However, one amendment has been promulgated: "Amendment of V.R.Cr.P. 41.1(b) and (c)" was promulgated on May 6, 2024, and is set to take effect on January 1, 2025.

Old business includes a review of promulgated V.R.C.P. 43.1 with further comments suggested for alignment with criminal division practices as directed by a court order dated July 10th. Additionally, there will be a discussion led by Judge Arms about speedy trial standards under V.R.Cr.P. 48(b)(1).

Further discussions will address issues related to recording court proceedings under V.R.Cr.P. 53 and other associated rules concerning video recording equipment in trials.

New business includes an amendment related to affidavits submitted for after-hours bail calls under V.R.Cr.P. 3(k). There is also a joint subcommittee initiative with the Committee on Rules for Public Access to Court Records aimed at addressing access status of certain legal documents.

Recent court decisions such as State v. Meade (2024 VT 190) concerning probation modifications are also slated for review during this meeting.

The next committee meeting is scheduled for February 7, 2025.

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