Advisory Committee on Rules for Public Access to Court Records 9/13/24

VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES FOR PUBLIC
ACCESS TO COURT RECORDS

Meeting Agenda for September 13, 2024

1. Chair Tomasi: Meeting Opening
Announcements and General Discussion.
2. Approval of Minutes from the May 3, 2024 meeting.
3. Possible Amendments to Rules 7(a)(3) and 7(a)(4)(B)
Following Courthouse News case, civil filings are made public without court review. These Rules address post hoc efforts to correct/redact records that should not have been made publicly accessible. Rule 7(a)(3) seems to require Court Administrator action and the other Rule seems to cabin judicial action to limited circumstances and limited relief. Courthouse News case is on appeal to the Second Circuit and the committee decided at the July 2022 meeting to wait until appeal is decided before making changes. The case was argued in April 2023 - any updates?
4. Public-Access Status of Inquests, Subpoenas Duces Tecum, and Nontestimonial Orders
Prior to May 2024 meeting, J. Dooley met with Rep. LaLonde and legislative counsel to explore addressing this issue through legislation in next session. At the May 2024 meeting, J. Tomasi indicated he would reach out to the Criminal Rules Committee to explore forming a joint committee to discuss a proposed approach to these case types. J. Dooley, Laura LaRosa, and Tracy Shriver indicated interest in joining the committee. Updates?
5. Consideration of Expanding Remote Access for Criminal Defense Counsel (at least)
An attorney has asked that the Judiciary consider taking steps to expand remote access to cases other than those for which the attorney is counsel of record. While he can access public records at the courthouse kiosks, he maintains he is disadvantaged by the system.
Any consideration of changes to address such concerns would likely need to address the limited access set out in 12 V.S.A. § 5, 20 V.S.A. § 2056a, and PACR Rule 5. J. Tomasi indicated he would contact Family, and Criminal Oversight Committees to discuss the issue and whether to propose a legislative fix to Legislature for next session. Any updates?
6. New Business; Set Next Meeting (In Person or Remote).