Vermont Judicial Ethics Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Vermont Judicial Ethics Committee, with full citations and source links on every page.
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May a Vermont judge issue mental health warrants sought by an agency where the judge's spouse is a leader?
Vermont Judicial Ethics Opinion 41 says the judge should not sign warrants or hear proceedings under 18 V.S.A. § 7505 brought by the spouse's agency. A later contested proceeding may allow waiver…
May a Vermont judge direct a civil contempt payment to a nonprofit chosen by the judge or party?
Vermont Judicial Ethics Opinion 40 says a judge may not order a civil contemnor to pay a nonparty nonprofit, whether selected by the judge or the party. The committee cited missing authority for…
May a Vermont probate judge serve on a nonprofit hospital or health center board?
Vermont Judicial Ethics Opinion 38 permits board service if the nonprofit does not appear before the probate court and the role does not disrupt judicial duties or impartiality. Frequent court…
Must a Vermont assistant judge report for jury duty, and may the judge serve after hearing related abuse cases?
Vermont Judicial Ethics Opinion 37 says judges have no automatic jury-service exemption. The assistant judge cannot sit as a juror in cases involving facts or defendants from relief-from-abuse…
Must a Vermont judge disclose the spouse's computer business dealings with lawyers or parties appearing in court?
Vermont Judicial Ethics Opinion 36 generally calls for disclosure of known spouse-business relationships with court participants. It requires disqualification when the spouse's economic interest…
May a full-time Vermont judge serve as an EMT in a municipal fire department?
Vermont Judicial Ethics Opinion 34 concludes that a full-time judge may not serve as an EMT or EMS head of service in a municipal fire and rescue department because that is a governmental position…
May a Vermont assistant judge work for and direct an EMT rescue squad?
Vermont Judicial Ethics Opinion 33 permits the described assistant judge to continue working as an EMT and serving on the rescue squad board. The judge must give judicial duties precedence and act…
May a Vermont probate judge also be a deputy state's attorney in another county?
Vermont Judicial Ethics Opinion 32 permits a probate judge to serve as a deputy state's attorney in a different county. The judge must give judicial duties precedence, keep the roles separate, and…
Must a former prosecutor now serving as a judge research every defendant's prior cases?
Vermont Judicial Ethics Opinion 31 concludes that the Code does not require a judge to research every defendant's criminal record to see whether the judge previously prosecuted that person, absent…
May a Vermont probate judge join the Vermont Association of Criminal Defense Lawyers?
Vermont Judicial Ethics Opinion 30 concludes that membership in the named criminal defense association is likely not permitted for a probate judge, because its one-sided support could appear to…
May a Vermont treatment-court judge accept a farewell memento and group-funded gift certificate?
Vermont Judicial Ethics Opinion 29 permits the described memento and under-$250 restaurant gift certificate from a treatment team that included lawyers, finding them unlikely to undermine…
May a Vermont judge help reconstruct a trial record from a case prosecuted before taking the bench?
Vermont Judicial Ethics Opinion 28 permits a judge who formerly prosecuted the case to help reconstruct inaudible bench conferences on remand. The assistance must remain factual and avoid legal…
May a Vermont assistant judge serve as an auxiliary state police officer for boater and snowmobile safety?
No. The Committee concluded that even limited law enforcement service threatens the appearance of judicial impartiality and independence, may cause frequent disqualification, and raises separation…
May a Vermont Supreme Court justice mentor a state legislator seeking admission to the bar?
The Committee found no categorical prohibition. It said the justice must weigh appearance, coercion, political activity, and possible future disqualification before undertaking the mentorship.
May a Vermont assistant judge serve temporarily as a part-time town administrator?
The Committee concluded that an assistant judge may take the interim town administrator appointment because the Code exempts continuing part-time judges from Rules 3.4 and 3.11(B). Other applicable…
When may a Vermont judge give a personal reference or recommendation, and use official letterhead?
Vermont Judicial Ethics Opinion 2728-24 permits references based on personal knowledge that do not misuse judicial prestige or create an appearance of impropriety. It rejects official letterhead for…
May a Vermont probate judge endorse or oppose a candidate for a probate judgeship in the judge's county or another county?
Vermont Judicial Ethics Opinion 2728-23 allows a probate judge to publicly endorse or oppose a candidate running against that judge for the same judgeship, but not a candidate for a different…
May a new Vermont judge receive fees earned at a former firm and retain jointly owned office property?
Vermont Judicial Ethics Opinion 2728-18 permits collection of fees earned before taking office during a reasonable winding-up period. It recommends disposing of the judge's property interest shared…
May a Vermont probate judge also serve on a governor-appointed executive commission?
Vermont Judicial Ethics Opinion 2728-17 finds no categorical bar to a probate judge's appointment to an executive commission. The judge must keep the roles separate, assess impartiality and judicial…
Must a Vermont judge recuse when a first cousin once removed is the state's attorney?
Vermont Judicial Ethics Opinion 2728-16 finds no automatic disqualification for a judge whose first cousin once removed is the state's attorney, including cases handled by that office's deputies. On…
May a Vermont judge serve on the board of a prison advocacy nonprofit?
Vermont Judicial Ethics Opinion 2728-15 permits the judge's service on the described nonprofit board if judicial duties and impartiality are protected, the judge avoids prohibited personal…
Could a sitting Vermont probate judge run for and hold judgeships in additional probate districts?
At issuance, Vermont Judicial Ethics Opinion 2728-14 said the Judicial Conduct Board’s appealed reading of former Canon 5A(3) likely barred the proposed candidacy. Apart from that question, the Code…
When may a Vermont magistrate formerly employed by the Office of Child Support hear its cases and continue nonprofit service?
Vermont Judicial Ethics Opinion 2728-19 REVISED recommends that a former OCS attorney of record not sit on the affected cases indefinitely, disclose the prior employment in OCS cases for two years,…
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Legal ethics opinions from the Vermont Judicial Ethics Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.