Vermont Judiciary

10/31/2024 | Press release | Distributed by Public on 10/31/2024 06:54

Criminal Rules Advisory Committee Meeting November 1

CRIMINAL RULES ADVISORY COMMITTEE
November 1, 2024 Meeting
9:30 a.m.

Vermont Supreme Court (via Teams)

AGENDA
Meeting Opening; Chair John Treadwell; General Announcements; Committee Member Transitions; New Committee Member Appointments, Mary Mossey, Meghan Place, Andrew Schmidt, and Jordana Levine. Committee Reporter Absence.

AGENDA ITEMS:
1. Approve minutes of April 12, 2024, and August 2, 2024, Committee meetings.

2. REPORTS:
• Legislative Committee on Judicial Rules, Meetings on June 19, 2024, and October 16, 2024. (Treadwell)
• Status of Various Rules Amendments:

Promulgated-
• 2023-04-Amendment of V.R.Cr.P. 41.1(b) and (c) to make the rule consistent with V.R.Cr.P. 41(d)(4), enabling applications for nontestimonial identification orders to be made by reliable electronic means, as well as in person, with supporting affidavits sworn to either in person, or by telephone if the application is by reliable electronic means. (Promulgated on 5/6/24; effective on 1/1/25).
Proposed-
• There are no proposed Criminal Rules amendments before the Court at this time.

OLD BUSINESS:
3. Promulgated V.R.C.P. 43.1: Further Committee Review and Provision of Comments/Suggested Further Amendments to Comport with Criminal Division Practice and Imperatives (As directed in Court's July 10th promulgation order amending A.O. 38, ¶ 3).
(Reports on Comments Received from the various Criminal Division constituencies during annual training events in June: Treadwell, Sullivan, Turner, Woodward)

4. 2021-04: (Speedy Trial Standards) V.R.Cr.P. 48(b)(1); A.O. 5/A.D. 24
Review Joint Subcommittee, Joint Subcommittee Final Report and Recommendations. (Judge Arms) (Subcommittee members: Arms; Lanthier; Padula; Sullivan; for Crim.Oversight: Sally Adams; Josh O'Hara; Judge Pacht) (The Report has been submitted to the Court; Status Update as to Court consideration and further direction) (Justice Carroll; Judge Arms).

5. 2021-02: V.R.Cr.P. 53 and V.R.C.P. 79.2 (Recording Court Proceedings).
And V.R.Cr.P. 53.1 (Use of Video Recording Equipment Where the Official Record is Made by Video Recording); Issues Associated with Defense Request to Video Record Jury Trial. (Discussion/Approval of Redrafted Proposal of Amendment, for Publication and Comment) (Treadwell) (Subcommittee: Treadwell, Turner, Sullivan, Lanthier, Arms).

6. 2023-04: V.R.Cr.P. 41.1(m)&(n): Non-Testimonial Identification Orders; "Minors"; "Offense"; Application in Delinquency and YO Cases; Revision for Currency of Terms and Consistency with Current Practices and Statutory Expansion of Jurisdiction. (Treadwell) (Discussion of Joint Committee of Family Rules Committee Members and Criminal Rules Committee Members to discuss. Family Rules Committee Chair, Judge McDonald-Cady, Marshall Pahl, Kristin Gozzi, and Judge Amy Davenport have agreed to represent Family Rules; Consideration of a revised draft of further amendments to the rule for recommendation by Criminal Rules Committee; Other jurisdiction approaches to the issue).1

NEW BUSINESS:

7. 2024-02: V.R.Cr.P. 3(k); Court May Add Required Contents for Affidavits/Sworn Statements Submitted per V.R.Cr.P. 5(b) for After-Hours Bail Calls, to Determine Hold without Bail/Bail/Conditions of Release. (Amendment would authorize requiring statement of SA's intended charges and SA's Request as to Bail/Conditions, or HWO Bail See, Agenda Item # 2018-05, Emergency Amendment of Rule 3(k), later amended by Legislature to abrogate requirements of prosecuting attorney participation in bail call, and that affidavit/sworn statement indicate "the charges that the prosecuting attorney intends to file" and substituting the phrase the "crimes to be charged" by the arresting officer. Act 40 (H. 512) § 7 (2019 Adj. Sess.))2

8. Joint subcommittee with Committee on Rules for Public Access to Court Records to address access status of inquests, subpoenas duces tecum, and nontestimonial orders. (From the Public Access committee, J. Dooley, Laura LaRosa, and Tracy Shriver expressed interest in joining this committee.)

1 See, Beyond the Davis Dictum: Reforming Nontestimonial Identification Evidence and Rules and Statutes, 79 U.Colo.L.Rev. 189 (Winter 2008) and Columbia Justice Lab, Emerging Adult Justice Project, Update on the Implementation of Vermont's "Raise the Age" Law, Report, January 2024. Note: Since the proposed amendments implicate procedure in delinquency cases, if approved by Criminal Rules Committee they should be sent to Family Rules Committee for comment prior to request for publication.

2 See, Minutes of Committee Meetings, 9/20/19; 1/25/19; 10/12/18; and 8/3/18, (pp. 1-6--lengthy substantive consideration).

10. Recent Court Decisions of Note: State v. Meade, 2024 VT 190 (4/26/24) (Modification of probation; change in DOC programming alternatives insufficient to support modification; V.R.Cr.P. 32.1(b); 52(a)).

11. Current Committee Meetings Annual Calendar/Discussion and Adoption of Revisions.

12. Any Other Business.

13. Next Committee Meeting Date Scheduled for February 7, 2025.

14. Adjourn.

[10/30/24; SH]