Advisory Committee on Rules of Criminal Procedure Meeting - February 6

CRIMINAL RULES ADVISORY COMMITTEE
February 6, 2026 Meeting
9:30 a.m.
Vermont Supreme Court (via Zoom)
AGENDA

Meeting Opening and General Announcements, Chair John Treadwell
AGENDA ITEMS:
1. Approve minutes of November 7, 2025 Committee meeting
2. REPORTS:
• Legislative Committee on Judicial Rules, Meeting on December 12, 2025 (Treadwell; Heery)
• Status of Various Rules Amendments:
Promulgated-
• There are no promulgated Criminal Rules amendments before the Court at this time.
Proposed-
• 2025-08: V.R.Cr.P. 3(k); Court Adding Required Contents for Affidavits/Sworn Statements Submitted per V.R.Cr.P. 5(b) for After-Hours Bail Calls, to Determine Hold without Bail/Bail/Conditions of Release. (Amendment transmitted to Court authorizing a mandatory inclusion of a statement of SA's intended charges and a permissive inclusion of SA's Request as to Bail/Conditions; Discussion of comments received by States Attorneys following the initial deadline of November 5, 2025; discussion of status of proposed rule) (Treadwell)
OLD BUSINESS:
3. 2025-07: V.R.Cr.P. 32.1; Committee Review and Provision
of Comments/Suggested Further Amendments to draft of V.R.Cr.P. 32.1 proposed revisions designed to update procedures and process for probation revocation and modifications; (Committee consideration of suggested stylistic amendments to previously voted upon draft) (Treadwell)
4. 2023-04: V.R.Cr.P. 41.1(m)&(n): Non-Testimonial Identification Orders; "Minors"; "Offense"; Application in Delinquency and YO Cases; Revision for Currency of Terms and Consistency with Current Practices and Statutory Expansion of Jurisdiction. (Joint Committee of Family Rules Committee Members and Criminal Rules Committee consideration of suggested amendments; Family Rules Committee Chair, Judge McDonald-Cady, Marshall Pahl, Emily Zukauskas, and Judge Amy Davenport from Family Rules; Judge Gray, Jordana Levine, and Domenica Padula from Criminal Rules; Consideration of a revised draft of further amendments to the rule for recommendation by Criminal Rules Committee; Other jurisdiction approaches to the issue; update on subcommittee meeting)1 (Gray)
5. 2025-05: Update for the Committee on Civil Rules Committee consideration of new rule, V.R.C.P. 80.12, regarding post-conviction proceedings. (Treadwell)
6. 2025-11: V.R.Cr.P. 17; Committee Review of Language and Contents of V.R.Cr.P. 17, Governing the Use of Subpoenas, in Light of Proposed Amendments to Fed.R.Crim.P. 17; (Subcommittee consisting of Judge Gray, Ian Sullivan, Jordana Levine, and Jess Burke to consider any suggested amendments for recommendation by Criminal Rules Committee)(Treadwell)
NEW BUSINESS:
7. 2026-01: V.R.Cr.P. 49; Committee Review of Suggested Amendments to the Rule for Service, Filing, and Signing of Papers. (Proposed amendments to update language)(Treadwell)
8. 2026-01: Miscellaneous Updates; Committee Review of Language of Various Criminal Rules (Proposed amendments to remove gendered language from various Criminal Rules without substantive changes)(Treadwell)
9. Any Other Business.
10. Closing; Next Committee Meeting Date Scheduled for May 1, 2026; Adjourn.
[SH; 2/3/26]
1 See, Beyond the Davis Dictum: Reforming Nontestimonial Identification Evidence and Rules and Statutes, 79 U.Colo.L.Rev. 189 (Winter 2008) and Columbia Justice Lab, Emerging Adult Justice Project, Update on the Implementation of Vermont's "Raise the Age" Law, Report, January 2024. Note: Since the proposed amendments implicate procedure in delinquency cases, if approved by Criminal Rules Committee they should be sent to Family Rules Committee for comment prior to request for publication.