Advisory Committee on Rules for Public Access to Court Records 11/22/24

VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES FOR PUBLIC
ACCESS TO COURT RECORDS
Meeting Agenda for November 22, 2024

1. Chair Tomasi: Meeting Opening
Announcements and General Discussion.

2. Approval of Minutes from the September 13, 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
At the September 2024 meeting, J. Tomasi indicated he would reach out again to the Criminal Rules Committee to explore forming a joint committee to discuss a proposed approach to these case types. Updates?
Replace Ms. Shriver on Subcommittee.

5. Annual Updates to Appendices PACR Rules 5 and 6

6. New Business; Set Next Meeting