PROPOSED

STATE OF VERMONT ______TERM 2019

Order Promulgating Amendments to Rule 6(15) and (26) of the Rules of the Supreme Court for Disciplinary Control of Judges

Pursuant to Chapter II, § 30 of the Vermont Constitution, it is hereby ordered:

1. That Rule 6(15) and (26) of the Rules of the Supreme Court for Disciplinary Control of Judges be amended to read as follows (deleted matter struck through; new matter underlined):

Rule 6. General provisions

(15) No judge who is a member of the Board may sit on the Board in any proceeding involving that judge’s discipline. No member of the Board may participate in any proceeding in which a judge, in the exercise of judicial duties, would be required by Canon 3E Rule 2.11 of the Code of Judicial Conduct to disqualify himself or herself. If the Chair is disqualified or unavailable, the Vice-Chair shall assume the Chair’s duties. If so many Board members are disqualified on a particular case that a quorum is impossible, the Chair shall appoint the necessary number of pro tempore members. If a member of the Board appears before any judge against whom a Formal Complaint is then pending, that member shall not thereafter participate in any discipline proceeding concerning that complaint.

(26) The Board shall review the public report of compensation for extra-judicial activity, expense reimbursement and gifts filed annually by each judge pursuant to Canon 4H Rule 3.15 of the Code of Judicial Conduct and Administrative Directive No. 6 of the Supreme Court. The Board need take no further action after such review unless concerns are raised regarding potential violations of the Code of Judicial Conduct.

Reporter’s Notes—2019 Amendment

Sections 15 and 26 are amended to update the cross references to the Code of Judicial Conduct 2019, which became effective October 7, 2019.

2. These amendments are prescribed and promulgated to become effective on ______. The Reporter’s Notes are advisory.

3. That the is authorized to report these amendments to the General Assembly in accordance with the provisions of 12 V.S.A. § 1, as amended.

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Proposed Order Amending Rule 6(15) and (26) of the Rules of the Supreme Court for Disciplinary Control of Judge-FOR COMMENT

Dated in Chambers at Montpelier, Vermont, this ____ day of ______, 2019.

______Paul L. Reiber, Chief Justice

______Beth Robinson, Associate Justice

______Harold E. Eaton, Jr., Associate Justice

______Karen R. Carroll, Associate Justice

______Vacant, Associate Justice

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Proposed Order Amending Rule 6(15) and (26) of the Rules of the Supreme Court for Disciplinary Control of Judge-FOR COMMENT