Vt. Admin. Ord. Of. Sup. Ct. 2.8

As amended through August 12, 2024

Rule 2.8 - Decorum, Demeanor, and Communication with Jurors

(A) A judge shall require order and decorum in proceedings before the court.

(B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge's direction and control.

(C) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding.

Vt. Admin. Ord. Of. Sup. Ct. 2.8

Amended August 6, 2019, eff. 10/7/2019.

Comment

[1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the duty imposed in Rule 2.5 to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate.

[2] Commending or criticizing jurors for their verdict may imply a judicial expectation in future cases and may impair a juror's ability to be fair and impartial in a subsequent case.

[3] A judge who is not otherwise prohibited by law from doing so may meet with jurors who choose to remain after trial but should be careful not to discuss the merits of the case.

Reporter's Notes

Rule 2.8(A) carries forward Vermont Code 1994, Canon 3(B)(3), substituting "court" for "judge" as the final word of the sentence. Rule 2.8(B) carries forward Vermont Code 1994, Canon 3(B)(4), revised to make the judge's duty of courtesy mandatory, add court staff and court officials to the list of those to whom the judge's duty is owed, and to add court staff to the list of those of whom the judge is to require courtesy. Rule 2.8(C) carries forward the first clause of Vermont Code 1994, Canon 3(B)(10), with the addition of a specific reference to Rule 2.5. Comment [1] carries forward the Commentary to ABA Code 1990, Canon 3B(4). Comment [2] carries forward the first clause of the Commentary to ABA Code 1990, Canon 3B(11); see Vermont Code 1994, Canon 3(B)(10). Comment [3] is intended to cover the second clause of Vermont Code 1994, Canon 3(B)(10), concerning the expression of appreciation to jurors, which has been omitted from Rule 2.8(C) as more appropriate to a Comment. See ABA Reporter's Explanation 97-98.