11 Administrative Order No. 11. Public Notice and Opportunity to Comment Relative to Proposed Rules or Changes in Rules

§ 1. For purpose of this order, the term “proponent of rulemaking” shall mean any committee or board of the Supreme Court, when it proposes that the Court adopt or change rules, or the Supreme Court when it proposes directly to adopt or change rules.

§ 2. This administrative order shall govern notice, hearing and opportunity to comment relative to any additions to or amendments in the following:

Vermont Rules of Appellate Procedure

Vermont Rules of Civil Procedure

Vermont Rules of Criminal Procedure

Vermont Rules of Evidence

Vermont Rules of Probate Procedure

Vermont Rules for Family Proceedings

Vermont Rules for Environmental Court Proceedings

Vermont Rules for Electronic Filing

Rules of Small Claims Procedure

Rules of Admission to the Bar of the Vermont Supreme Court

Rules for Mandatory Continuing Legal Education

Rules of Supreme Court for Disciplinary Control of Judges

Rules Governing Assignment of Counsel and Payment Thereof by the Defender General

Permanent Rules Governing Establishment and Operation of the Professional Responsibility Program

Code of Judicial Conduct

Rules of Professional Conduct

Rules Governing Medical Malpractice Arbitration

Rules Governing the Qualification, List, Selection and Summoning of All Jurors

Rules for Public Access to Court Records

It shall also govern any rules, not enumerated above, if proposed to the Supreme Court by the Advisory Committee on the Rules of Criminal Procedure, Advisory Committee on the Rules of Civil Procedure, Advisory Committee on the Rules of Evidence, Advisory Committee on the Rules of Probate Procedure, Advisory Committee on Rules for Family Proceedings, Advisory Committee on Rules of Public Access to Court Records, Advisory Committee on Rules for Electronic Filing, Board of Bar Examiners, Judicial Conduct Board or the Professional Responsibility Board.

§ 3. The proponent of rule-making shall afford notice of, and opportunity to comment upon, any proposed rules, or changes in rules, in accordance with the procedures hereinafter set forth.

§ 4. Prior to submitting to the Court for adoption any proposed rule or change in existing rule or, if the Court is the proponent of rule-making, prior to adoption of the proposed rule or change in existing rule, the proponent of rule-making shall:

(a) send the proposal to the clerk of each Superior, District, Family and Environmental Court by first class or electronic mail for posting in the clerk’s office;

(b) send the proposal or a reasonable summary thereof by electronic mailed directly to each member of the bar; and

(c) notify interested persons of the date by which they may submit written comments with respect to the proposal.

§ 5. The proponent shall consider whether the proposed rule or change in existing rule substantially affects members of the public who are not lawyers and, if it so finds, the proponent shall report the finding to the Court Administrator who may publicize a notice of rule-making, together with a summary of the content of the proposal, through reasonable means including by inclusion in one or more newspapers in the state. The notice shall give interested persons a reasonable time certain within which to submit written comments with respect to the proposal and may include notice of one or more public hearings pursuant to § 6.

§ 6. The proponent of rule-making may hold one or more public hearings on a proposed rule or change in existing rule. On request of the proponent of rule-making, the Court Administrator shall give appropriate notice to the public of the time, place and subject of public hearings.

§ 7. When a board or committee of the Court is the proponent of rule-making, it shall submit to the Court, along with its final recommendation for adoption of any rule or change in an existing rule, a report on the steps taken to comply with this administrative order. It shall also forward to the Court:

(a) copies or a reasonable summary of any written comments submitted;

(b) a summary of the testimony taken in any public hearing, together with a transcript or audio recording of that testimony; and

(c) the action of the proponent of rulemaking with respect to any comments or testimony and the reasons for that action.

§ 8. When the Supreme Court finds that the effectiveness of the rule-making process will be enhanced thereby, it may order that a hearing before the full Court be held at a time and place convenient to the Court, as well as the bar and the public. This hearing will be in addition to any held under § 6 of this order. The Court may specify that the board or committee that has proposed the adoption of the rules or change in rules, or such other person directed by the Court, present the rules or changes to the Court, orally summarizing the proposed changes and the reasons therefor. Members of the bar and the public may reserve time in which to make oral comments upon the proposals by so notifying the clerk of the Supreme Court not less than 30 minutes prior to the commencement of the hearing and may also file written comments or alternative proposals with the clerk at any time before the end of the next business day following the hearing. The time and place of the hearing shall be advertised in one or more newspapers of statewide distribution not less than 14 days prior to the hearing or as otherwise ordered by the Supreme Court. The advertisement shall state where copies of the proposed changes, or summaries thereof, may be obtained.

§ 9. Ordinarily, when the Supreme Court promulgates a rule, the effective date will be at least 60 days from the date of promulgation and with an effective date of January 1 or July 1.

§ 10. The Court may, where the public interest so requires, dispense with some or all requirements of this administrative order, but the order promulgating a rule or change in existing rule under such circumstances shall specifically state the reasons for so dispensing with those requirements.