29 Administrative Order No. 29. Advisory Committee on Rules for Family Proceedings

Pursuant to the Vermont Constitution, Chapter II, §§ 30 and 37, it is hereby ordered:

§ 1. An Advisory Committee on Rules for Family Proceedings of sixteen voting members is established consisting of one layperson with interest and expertise in family matters, the Secretary of the Agency of Human Services or the Secretary’s designee, the Attorney General or the Attorney General’s designee, a designee of the Department of State’s Attorneys, the Defender General or the Defender General’s designee, the chair of the Vermont Bar Association (VBA) corresponding standing committee (to the extent that one exists), three lawyers from private practice with interest and experience in family matters, a designee of Vermont Legal Aid, a probate judge, a magistrate, a Superior Court clerk, and three superior judges. The designee of the Secretary, the State’s Attorneys, the Defender General, the Attorney General and Vermont Legal Aid shall be subject to approval of the Supreme Court. Upon designation and approval, he or she shall be the only representative of the designator to participate in Committee proceedings. Whenever a designee resigns or the position is otherwise vacant, a successor designee shall be appointed and approved as provided above. Appointments shall be for a three-year term. All members, except the VBA representative and designees of the Secretary, Department of State’s Attorneys, Defender General, Attorney General, and Vermont Legal Aid, may serve a maximum of three consecutive terms or parts thereof. Whenever a member resigns or the office is otherwise vacant, the Supreme Court shall appoint a successor to fill the unexpired term. The chair shall be designated by the Supreme Court.

§ 2. Compensation and Expenses. In the performance of their Committee duties, each Member is eligible to receive per diem compensation and be reimbursed for reasonable and necessary expenses equivalent to that provided by law for comparable boards and commissions. A request for compensation and reimbursement of expenses must be made on a Court-approved voucher and be submitted to the Court Administrator.

§ 3. The Committee shall continually review the operation and effectiveness of the procedural and evidence rules governing family proceedings and shall recommend to the Supreme Court amendment to those rules or other appropriate actions which it finds advisable.

§ 4. Pursuant to A.O. 11, the Committee shall give proper public notice and opportunity to comment relative to any report or proposal of, or amendment to, any rule. Any individual having proposals for amendment of Rules Governing Family Proceedings, or any other proposals for change by statute, rule or otherwise in this area is requested to forward them, in writing, to the Court Administrator, or the chairperson or a member of the Advisory Committee for consideration.