Rule 5a Appendix

APPENDIX to Rule 5: Statutes and Court Rules Providing Specific Right of Access to Court Records

Note: Listed below are provisions of statutes and court rules that may grant a specific right of access to judicial branch case records for which public access otherwise is limited, along with a summary of each. The summaries are provided for reader convenience and are not legally binding. Readers should review the text of the statutes and court rules before applying them. This list may not include all such specific rights of access.

CitationDescription2019, No. 167 (Adj. Sess.), § 31(f) (uncodified)A special index of expunged marijuana cases and related documents are confidential except by petition of the person who is the subject of the case or permission of the Chief Superior Judge for research purposes pursuant to the Rules for Public Access to Court Records.3 V.S.A. § 163(e)(3)A special index of juvenile cases expunged after completion of diversion together with expungement orders is confidential except by petition of the person who is the subject of the case or permission of the Chief Superior Judge for research purposes pursuant to the Rules for Public Access to Court Records.3 V.S.A. § 163(d), (f)(7)(C) (eff. July 1, 2025)Information gathered during juvenile diversion process is generally confidential subject to certain disclosure exceptions. Special index of post-charge juvenile diversion cases expunged after completion of diversion is confidential except by permission of Chief Superior Judge for research purposes. Inspection of expungement order and certificate may be permitted by petition of person who is subject of case.3 V.S.A. § 164(g)(3)(C)A special index of criminal cases expunged after completion of diversion is not publicly accessible except by petition of the person who is the subject of the case or permission of the Chief Superior Judge for research purposes pursuant to the Rules for Public Access to Court Records.3 V.S.A. § 164(d), (f)(7)(C) (eff. July 1, 2025)Information gathered during adult diversion process is generally confidential subject to certain disclosure exceptions. Special index of post-charge adult diversion cases expunged after completion of diversion is confidential except by permission of Chief Superior Judge for research purposes. Inspection of expungement order and certificate may be permitted by petition of person who is subject of case.12 V.S.A. § 1705Any document bearing true name of subject of proceeding as to disclosure of HIV counseling and testing information may be disclosed only to parties with a compelling need to know and then sealed at conclusion of the proceedings.13 V.S.A. § 1460(a)Records in cases seeking an injunction against a juvenile to stop hate-motivated conduct are made not publicly accessible by incorporation of 33 V.S.A. § 5117, including its specific access provisions.13 V.S.A. § 4824A finding that a person is mentally ill and dangerous to himself or others is not publicly accessible under 18 V.S.A. § 7103 but must be provided to the National Instant Criminal Background Check System, established by Section 103 of the Brady Handgun Violence Prevention Act of 1993.13 V.S.A. § 5236(f)Financial information provided by a defendant pursuant to 13 V.S.A. § 5236(d), (e) is not publicly accessible in the trial and Supreme Court but is available for review by the person who submitted it.13 V.S.A. § 5566(c)DNA profile information related to a petition for postconviction DNA testing is confidential. except for use and dissemination consistent with 13 V.S.A. § chapter 182 and 20 V.S.A. chapter 113.13 V.S.A. § 7606(d)(3)A special index of criminal cases expunged by court order pursuant to Chapter 230 of Title 13 is not publicly accessible except by petition of the person who is the subject of the case or permission of the Chief Superior Judge for research purposes pursuant to the Rules for Public Access to Court Records.13 V.S.A. § 7607A special index of criminal cases sealed by court order pursuant to Chapter 230 of Title 13 is not publicly accessible except by petition of the person who is the subject of the case or permission of the Chief Superior Judge for research purposes pursuant to the Rules for Public Access to Court Records.13 V.S.A. § 7609A special index of sentences for sex offenses that require registration that are expunged by court order pursuant to 13 V.S.A. § 7609(a) is not publicly accessible and may be accessed only by the Director of the Vermont Crime Information Center and an individual designated for the purpose of providing information to the Department of Corrections in the preparation of a presentence investigation.14 V.S.A. § 2A will filed with the probate division for safekeeping is not publicly accessible during the life of the testator but may be accessed by others in accordance with instructions of the testator and by the testator’s duly authorized legal guardian or attorney-in-fact in the presence of the judge or register.14 V.S.A. § 3067(e)Professional evaluation of the need for a guardian is confidential except that it will be provided to the respondent, the respondent’s attorney, the petitioner, and the guardian upon appointment, and the court may determine that “any other individual, including the proposed guardian” has a “strong interest in the welfare of the respondent” and allow access to that person.14 V.S.A. § 3098(i)Information regarding a child’s immigration status related to a petition for classification as a special immigrant juvenile is confidential, provided that it is available for inspection by the court, the subject child, the parties, their attorneys, and the child’s counsel and guardian.15 V.S.A. § 788In case where relief-from-abuse order has been entered, address and employment information provided to court for child support purposes is confidential except that court may release such information for good cause shown.15A V.S.A. §§ 3-203, 3-208, 6-102, 6-104Title 15A provides for adoption proceedings, relinquishment proceedings, proceedings to terminate parental rights in certain circumstances and proceedings to gain certain information relating to an adoption. For all these proceedings, the in-court events are closed to the public and the records are not publicly accessible. However, some statutory provisions allow designated nonparties, and parties in some circumstances, to have access to records that may be possessed by the court in specified circumstances.18 V.S.A. § 5112(d)Records of a proceeding where the probate division authorizes a new birth certificate because of a change of gender identity are not publicly accessible.18 V.S.A. § 7103Proceedings under Part 8 of Title 18–generally mental-health and developmental-disabilities related proceedings–are closed to the public and the records of the proceedings are not publicly accessible. The statute provides that certain persons have a specific right of access generally or to specific records or information.18 V.S.A. §§ 9306(c), 9309(b)Records in proceedings to appoint a guardian for a person who is developmentally disabled are not publicly accessible except where the respondent or the representative of the respondent consents to access by a person. The Department of Mental Health shall release an evaluation of a person to a developmental services agency, if necessary, for the purpose of obtaining or improving services to the person.28 V.S.A. §§ 204, 204a; V.R.Cr.P. 32(c)Generally, presentence investigation reports, including any supervised-community-sentence plan, 28 V.S.A. § 352(c), are not publicly accessible, 28 V.S.A. § 204(d)(1). The court shall permit inspection of reports, redacted to remove information that may compromise the safety or confidentiality of any person, by the State's Attorney and the defendant or inmate and his or her attorney. The court may allow inspection of the presentence investigation report or parole summary or parts thereof by other persons having a proper interest, whenever the best interest or welfare of the defendant or inmate makes that action desirable or helpful, 28 V.S.A. § 204(d)(2)(B), or by a state or federal prosecutor conducting a criminal investigation if the court finds that the records may be relevant to the investigation. Id. § 204(f).33 V.S.A. §§ 5110, 5117, 5118, 5119, 5122, 5126Records in juvenile proceedings are generally not publicly accessible, subject to an extensive list of persons who have a specific right of access to some of or all the information under circumstances described in the statutory sections.33 V.S.A. §§ 5234, 5234aVictim in a delinquency proceeding has some rights to information regarding the process of the delinquency proceeding, but must be told that it is unlawful to disclose confidential information concerning the proceedings to another person.33 V.S.A. § 5235(k)(3)Restitution order issued in a juvenile proceeding is not confidential for purpose of enforcement action brought by Restitution Unit.V.R.Cr.P 6(e)A transcript of proceedings before the grand jury is not publicly accessible and “records, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent disclosure of a matter occurring before a grand jury.” V.R.Cr.P. 6(e)(5). Limited exceptions apply to other prosecuting attorneys and on court order.Rules Governing Establishment and Operation of the Professional Responsibility Program, Administrative Order No. 9, Rule 7(D), 8, 16Records related to complaints to the lawyer professional responsibility program are not publicly accessible before the filing of a formal disciplinary proceeding. The Professional Responsibility Board may provide access to (a) A lawyer or judicial admission or disciplinary agency of this or another jurisdiction or (b) Any agency or person to which the attorney has submitted a waiver of confidentiality. Deliberations and work product of the Board, hearing panel, and their counsel remain confidential. Proceedings related to disability inactive status are confidential. Operations of the Bar Assistance Program are confidential, subject to limited disclosure exceptions.Rules for the Disciplinary Control of Judges, Rule 6(7), (9)Records of the Judicial Conduct Board are not publicly accessible unless a formal disciplinary complaint is filed against a judge. If a disciplinary matter has proceeded beyond the stage of an initial inquiry, the chair may provide information about the proceedings to officers involved in impeachment, retention, or judicial appointment proceedings.Rules Governing the Assignment and Payment Therefore by the Defender General, Administrative Order No. 4 § 5Any proof of income furnished in support of eligibility for public defender services is confidential, but available for review by the clerk, judicial officer, and person who submitted.Rules Governing Qualification, List, Selection and Summoning of All Jurors, Rules 4(c) & 10; 4 V.S.A. § 955; V.R.Cr.P. 24(a)(2); V.R.C.P. 47(a)(2)Certain information about jurors and provided by jurors in response to a questionnaire is not publicly accessible. Any electronic record of questionnaire responses is not publicly accessible. The information is available to the parties, and the “physical record” of the information is publicly available with names and addresses redacted.