FINAL
VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES FOR FAMILY PROCEEDINGS
AGENDA FOR MEETING OF
JULY 21, 2023
The Family Rules Committee will meet virtually on TEAMS on July 21, 2023 from 1:30 pm – 3:30 pm to consider the following agenda:
1. Approval of draft minutes of the meeting of March 21, 2023, sent via email with this agenda.
2. Status of proposed amendments:
a. Draft amendments to V.R.F.P. 17 related to remote participation in family proceedings proposed to the Supreme Court’s Special Advisory Committee on Remote Access. In June, the Committee voted via email to approve a new draft amendment to V.R.F.P. 17 which revised the provision related to delinquency proceedings that had earlier been sent out for comment by the Supreme Court. At their administrative meeting in July, the Supreme Court approved the revised amendment submitted by the Committee. The amendment to V.R.F.P. 17 was promulgated on July 10 and will become effective October 2, 2023, along with the amendments to V.R.C.P. 43.1 and the new V.R.Cr.P. 26.2.
3. Report from Subcommittee on Juvenile Proceedings (Marshall Pahl, Judge Kerry Mc-Donald-Cady, Jody Racht, Kristin Gozzi)
a. Amendment to V.R.F.P.(1)(b)(1) to provide enforcement of the requirement in the rule to provide race and ethnicity data at the time of filing a delinquency petition. Subcommittee to report on progress. Judge Davenport to report on the work of the Supreme Court’s Diversity, Equity, and Inclusion Practices as it relates to the collection of race data in delinquency cases.
b. V.R.F.P. 1(a)(3): applicability of V.R.Cr.P. 11(c) (8) advice collateral consequences to delinquency cases. Judge Carlson to report on progress regarding the development of a standardized colloquy for delinquency cases.
4. Joint subcommittee with Probate Rules Committee to consider whether legislation giving family and probate divisions jurisdiction to make findings related to Special Immigration Status (SIJ) requires rules. See 4 V.S.A. § 33(18), 4 V.S.A. § 35, 14 V.S.A. § 3098. S.163/Act 98 which went into effect on July 1, substantially amends 14 V.S.A. § 3098 and adds a new section related to children in juvenile proceedings (Judge Carlson, Marshall Pahl and Jody Racht). Prof. Jill Diaz and Atty. Isabel Hellman from the Vermont Law and Graduate School Immigration Clinic have provided the subcommittee with a memo. The Subcommittee will meet to discuss the memo with Prof. Diaz and Atty. Hellman.
5. V.R.F.P. 4.1(e): Waiver of Final Divorce Hearing for self-represented litigants. Continued discussion.
6. Proposal to review Family Rules for respectful language: Respectful Language Guide used by the Legislative Council when the Legislature reviewed the statutes for respectful language in 2012-2013 and an amendment to V.R.F.P. 1(i)(2)(B) as proposed by Kristin Gozzi.
7. New Business
8. Future Meetings: Future Meeting schedule for 2023: October 20. All meetings are from 1:30 – 3:30 pm.
9. Adjourn