Opinion
November 29, 2005
Pursuant to Chapter II, § 37, of the Vermont Constitution and 12 V.S.A. § 1 4(a), it is hereby ordered
1. That § 6(b)(33) (34) of the Rules for Public Access to Court Records be amended to read as follows (new matter underlined, deleted matter overstruck):
§ 6. Case Records.
(b) Exceptions. The public shall not have access to the following judicial branch records:
( 33) Affidavits of income and assets as provided in 15 V.S.A. § 662 and Rule 4 of the Vermont Rules for Family Proceedings.
(33) ( 34) Any other record to which to which public access is prohibited by statute.
Reporter's Notes — 2005 Amendment
Section 6(b)(33) is added to conform the rules with an amendment to the statutes which added an exception to records available to the public.
2. That this rule, as amended, is prescribed and promulgated to become effective immediately. The Reporter's Notes are advisory.
The Court finds that these amendments must be promulgated without resort to the notice and comment procedures set forth in Administrative Order No. 11 in order to comply with the provisions of Act No. 159, 2004 Adjourned Session. The Court's Advisory Committee on Public Access is directed to consider and report to the Court pursuant to Administrative Order No. 11 by June 30, 2006, on any comments that may be received on this emergency promulgation.
3. The Chief Justice is authorized to report these amendments to the General Assembly in accordance with the provisions of 12 V.S.A. §§ 1 4(a).
_______________________________________ John A. Dooley, Associate Justice
_______________________________________ Denise R. Johnson, Associate Justice
_______________________________________ Marilyn S. Skoglund, Associate Justice
_______________________________________ Brian L. Burgess, Associate Justice