September 29, 2017

Advisory Committee on Rules for Family Proceedings Meeting




October 6, 2017


The Family Rules Committee will meet at 1:30 p.m., Friday, October 6, 2017, in the Hoff Lounge, Oakes Hall, Vermont Law School, to consider the following agenda:

1. Approval of draft minutes of the meeting of April 7, 2017, previously distributed.

2. Structure of Committee. Discussion. Correspondence to be distributed. 

3. Status of proposed and recommended amendments.

A. Proposed amendments to former V.R.F.P. 4(j), (o), sent out for comment on May 16, with comments due on July 15, 2016, were recommended on December 2, 2016, for promulgation, were promulgated as V.R.F.P. 4.2(a) and 4.3(b) on December 15, 2016, effective February 20, 2017, and were reviewed by the Legislative Committee on Judicial Rules without comment on June 8, 2017.

B. Amendments to conform V.R.C.P. 6 and other time provisions of the Civil, Family, and other Rules to federal rules amendments (“day is a day” rules), promulgated September 20, 2017, effective January 1, 2018.

C. Review proposed new V.R.C.P. 79.2, sent out for comment on July 18 by Special Committee on Video and Cameras in the Court, with comments due on September 18, 2017, to be distributed.

D. Review May 8, 2017, draft of V.R.C.P. 43.1, et al. video appearance, prepared by Special Committee on Video and Cameras in the Court and May 29 draft of Rule 43.1(d) accommodating V.R.F.P. 17, to be distributed.

4. Consideration of In re K.F., 2013 VT 39, note 2 (6/7/13) (request to develop procedure for addressing ineffective assistance of counsel claims by parents in TPR proceedings). Ms. Racht to report for subcommittee (Ms. Racht, Judge Kainen, Mr. Pahl, Ms. Reynolds).

5. V.R.F.P. 6. Amendments made necessary by Act 170 of 2013 (Adj. Sess.) concerning minor guardianships. Report of joint subcommittee (Ms. Speidel, Ms. Reynolds, Ms. Damone) to be distributed. Professor Wroth to report on Probate Rules Committee action on decoupling Family and Probate practice under present V.R.F.P. 6, 6.1, 7, 7.1.

6. Joint subcommittee to consider possible amendments to Vermont Rules of Public Access concerning Family Division records. Ms. Racht to report for subcommittee (Ms. Benelli, Ms. Racht, Ms. Reis, with the assistance of Mr. Woodward). 

7. Case manager’s conference—issues raised by Judge Carroll. Ms. Racht to report on Oversight Committee views.

8. Adoption of Prisoner’s Mailbox Rule for Family Rules. Professor Wroth to report.

9. Act 72 of 2017. An Act Relating to Juvenile Jurisdiction. (Section 7 directs the Supreme Court to consider adoption of appropriate rules by July 1, 2018.)

10. V.R.F.P. 18. Mediation. Concerns with requirement of V.R.F.P. 18(d)(1) regarding Family Division Program’s list of mediators. See A.O. No.39, to be distributed.

11. Adoption of V.R.E.F. 4(g) regarding separate motions for independent forms of relief for Family proceedings. Judge Gerety’s proposal and Judge Kainen’s comment to be distributed.

12. Other Business.

13. Date of next meeting.