Vermont: Court Documents and Hearings

Summary

This educational webinar, hosted by the New England First Amendment Coalition, features instructors Emily Sweeney, Hillary Rich, and Harrison Stock, delving into the intricacies of Vermont's court system. The session offers an in-depth exploration of public access to court proceedings, recording rights in courtrooms, and accessing court records, emphasizing statutes, procedural rules, and exceptions. It also provides guidance on contesting access denials and understanding the nuances of juvenile proceedings, grand jury confidentiality, and the impact of media registration on recording rights. This comprehensive overview aims to educate on navigating Vermont's legal landscape, highlighting the coalition's efforts to promote transparency and public understanding of judicial processes.

Takeaways

• 😊 There is generally a presumption of public access to court proceedings and records in Vermont, with some exceptions
• 😃 Rules around access to court hearings and records in Vermont come from various sources like court procedures, statutes and case law
• 📜 There are several types of court proceedings that are typically closed to the public, like juvenile proceedings
• 🔐 Parties can request the court be closed but face a high bar to justify closure
• 🎥 Media has the right to visually and orally record most public court proceedings with some limitations
• 🗒️ The public can access records from public court proceedings, with exceptions for sensitive records
• 🔒 Parties can request records be sealed but must clearly justify the privacy need
• ❗️If denied access to a court hearing or record, the media and public have options to challenge the denial
• 📢 Special access to non-public court records may be available for certain individuals/groups
• 🏛 The rules for access to court records are separate from the public records act and specific to the court system

Q & A

What are the main sources for rules regarding access to court proceedings in Vermont?

The main sources are the rules of procedures for specific courts, certain statutes, and case law or common law.

What test does the court use to analyze whether a criminal proceeding should be open or closed?

The court looks at whether the place and process have been historically open to the press and public, and whether public access plays a significant positive role in the functioning of the particular process.

What are some exceptions to the general right of public access to hearings?

Some exceptions are grand jury proceedings, juvenile proceedings, proceedings involving certain protections for child victims of sexual offenses, and cases where a party requests the court be closed.

What rules govern attorneys and judges when speaking publicly about ongoing cases?

Attorneys are bound by rules of professional conduct limiting statements that could prejudice a case. Judges are bound by a judicial code of ethics restricting comments that could affect case outcomes.

What are the differences in recording rights between participants, non-participants, and registered media?

Registered media have the broadest recording rights. Participants can record orally but not visually. Non-participants have more restrictions, like turning phones off when the jury is present.

How can the media challenge denied access to a hearing?

The media can file a motion to intervene at the trial court level. If unsuccessful, they can appeal to the Vermont Supreme Court or petition for extraordinary relief.

What is the process for requesting access to a sealed court record?

File a motion under Rule 9C specifying the case and record sought. The court must promptly rule. An appeal may be possible with court permission.

When would you appeal a records denial to a court's presiding judge rather than filing a motion?

Appeal to the presiding judge if denied by a records custodian, not in an ongoing case. This follows public records request procedures.

What information must be provided in a motion to seal a court record?

The motion must identify the specific filing, privacy interests served, legal authority, proposed redactions, confirmation of service on affected parties, etc.

What is the standard of proof required for a court to seal a record over public objection?

The court must find by clear and convincing evidence that good cause and exceptional circumstances exist, and no reasonable alternative to sealing exists.