Michael Kennedy, Esq. is Vermont’s Bar Counsel. His job is to provide attorneys and non-attorneys with guidance related to legal ethics and the Vermont Rules of Professional Conduct. He administers the program that facilitates non-disciplinary resolution of disputes involving legal ethics. He often posts about Administrative Orders from the Vermont Supreme Court. Here is a recent post:
On May 13, the Vermont Supreme Court amended Administrative Order 49, the order declaring a Judicial Emergency. The amendments and Explanatory Note are here. They include an amendment that applies to lawyers scheduled to renew their law licenses in 2020.
Reading this blog is not a substitute for reading the Court’s Order and amendments.
That being said, yes, the Judicial Emergency has been extended through September 1. However, yesterday’s order anticipates the State’s transition to an expansion of operations. Indeed, the opening sentences of the Explanatory Note:
• “The May 13 amendment extends the Judicial Emergency until September 1, 2020. This does not signal that the existing provisions in the emergency order will necessarily remain in place until that time.”
Rather, the amendment acknowledges that that the health crisis is unlikely
• “to fully resolve before September 1, and that deviations from historical court practice, or modifications to at least some court rules, will be necessary through the upcoming summer.”
A summary of the May 13 amendments:
• The blanket suspension of nonemergency hearings in the Superior Courts and Judicial Bureau has been lifted.
• In criminal cases, jury trials are suspended until at least September 1, 2020. Jury summons will not be sent before August 3.
• In civil cases, jury trials are suspended until at least January 1, 2021.
• For the attorney relicensing period that ends on June 30, 2020, attorneys facing financial hardship because of COVID-19 may defer payment of the relicensing fee until September 1, 2020. NOTE: even if deferring the fee, an attorney must still complete the attorney licensing statement and CLE reporting by June 30, 2020.
The original Order and prior amendments:
• Administrative Order 49 (the initial order declaring a Judicial Emergency)
• March 18 amendments
• March 20 amendments
• March 24 amendments
• March 25 amendments & Explanatory Note
• April 6 amendments & Explanatory Note
• April 9 amendments & Explanatory Note
• April 13 amendments & Explanatory Note
Michael | May 14, 2020 at 6:13 am | Categories: Legal Ethics, Vermont Courts Coronavirus, Vermont Judiciary COVID-19 | URL: https://wp.me/p5RKKz-94E
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