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Vermont Supreme Court committee discusses public access rules for court records

LEGAL NEWSLINE

Thursday, January 30, 2025

Vermont Supreme Court committee discusses public access rules for court records

State Supreme Court

The Vermont Supreme Court's Advisory Committee on Rules for Public Access to Court Records is set to convene on January 31, 2025. The meeting will open with announcements and a general discussion led by Chair Tomasi. One of the agenda items includes the approval of minutes from the previous meeting held on November 22, 2024.

A significant topic for discussion is potential amendments to Rules 7(a)(3) and 7(a)(4)(B). These rules concern post hoc efforts to correct or redact records that should not have been made publicly accessible. This issue arises in the context of the Courthouse News case, where civil filings are made public without court review. "Rule 7(a)(3) seems to require Court Administrator action," while another rule "seems to cabin judicial action to limited circumstances and limited relief." The case is currently under appeal at the Second Circuit, following arguments presented in April 2023.

Another item on the agenda involves reviewing the public-access status of inquests, subpoenas duces tecum, and nontestimonial orders. A subcommittee consisting of J. Tomasi, J. Dooley, Laura LaRosa, and Andy Watts was formed at a previous meeting to address this issue.

The committee will also consider annual updates to Appendices PACR Rules 5 and 6 before moving on to new business and setting a date for their next meeting.

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