TABLE OF CONTENTS

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
   - A. Pretrial Publicity
   - B. Community Prejudice
   - C. Convenience of Parties and Witnesses
   - D. Safety Concerns
5. Constitutional Basis
6. Statutory Authority
7. Factors for Court Consideration
8. Proposed Alternative Venue
9. Supporting Affidavits and Evidence
10. Conclusion and Prayer for Relief
11. Proposed Order
12. Certificate of Service

STATE OF VERMONT

SUPERIOR COURT — CRIMINAL DIVISION

[________________] UNIT

MOTION FOR CHANGE OF VENUE

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through [his/her/their] attorney, [DEFENSE ATTORNEY NAME], of [LAW FIRM NAME], and respectfully moves this Honorable Court for an Order changing the venue of the above-captioned matter from the [________________] Unit to another unit of the Criminal Division of the Vermont Superior Court, pursuant to 13 V.S.A. § 4631 and V.R.Cr.P. 21.

In support of this Motion, Defendant states as follows:

I. STATEMENT OF FACTS

1. The Defendant is charged with [CHARGES AND STATUTORY CITATIONS] by [Information/Indictment] filed on [__/__/____].

2. The alleged offense(s) occurred on or about [__/__/____] in [________________] County, Vermont.

3. The case is currently set for trial on [__/__/____] before the Honorable Judge [________________].

4.

[________________________________]
[________________________________]
[________________________________]

II. GROUNDS FOR CHANGE OF VENUE

A. Pretrial Publicity

5. The above-captioned matter has received extensive and prejudicial pretrial publicity in [________________] County, including but not limited to:

☐ Television news coverage on [STATION(S)] on the following dates: [________________________________]

☐ Newspaper articles published in [PUBLICATION(S)] on the following dates: [________________________________]

☐ Radio broadcasts on [STATION(S)] on the following dates: [________________________________]

☐ Online media coverage and social media discussion, including: [________________________________]

☐ Other forms of publicity: [________________________________]

6. The nature and extent of such publicity has been [inflammatory/prejudicial/pervasive] and has included.

[________________________________]

7. As a result of such pretrial publicity, a fair and impartial trial cannot be had in the [________________] Unit.

B. Community Prejudice

8. So great a prejudice exists in [________________] County that the Defendant cannot obtain a fair and impartial trial, as demonstrated by:

☐ Public statements made by community leaders or officials: [________________________________]

☐ Organized community actions against the Defendant: [________________________________]

☐ Social media campaigns or petitions: [________________________________]

☐ The nature of the alleged victim's standing in the community: [________________________________]

☐ Other demonstrations of community prejudice: [________________________________]

C. Convenience of Parties and Witnesses

9. A change of venue would serve the convenience of the parties and witnesses and promote the interests of justice because:

☐ The majority of defense witnesses reside in [________________] County.

☐ Key evidence is located in [________________] County.

☐ Travel to the current venue imposes an undue burden on: [________________________________]

☐ Other convenience factors: [________________________________]

D. Safety Concerns

10. A change of venue is necessary to ensure the safety and security of the Defendant, counsel, witnesses, jurors, and/or court personnel because:

☐ Threats have been made against the Defendant: [________________________________]

☐ Threats have been made against defense counsel or witnesses: [________________________________]

☐ Public demonstrations have occurred at or near the courthouse: [________________________________]

☐ Law enforcement has expressed security concerns: [________________________________]

III. CONSTITUTIONAL BASIS

11. The Sixth Amendment to the United States Constitution guarantees the Defendant the right to a trial "by an impartial jury of the State and district wherein the crime shall have been committed."

12. The Fourteenth Amendment to the United States Constitution guarantees the Defendant the right to due process of law, which includes the right to a fair trial before an impartial jury.

13. Chapter I, Article 10 of the Vermont Constitution provides that the accused has a right to trial "by an impartial jury of twelve men of the vicinage."

14. The United States Supreme Court has recognized that when pretrial publicity or community prejudice is so pervasive as to render a fair trial impossible, a change of venue is constitutionally required. Sheppard v. Maxwell, 384 U.S. 333 (1966); Irvin v. Dowd, 366 U.S. 717 (1961).

IV. STATUTORY AUTHORITY

15. 13 V.S.A. § 4631 provides that a change of venue may be ordered when "so great a prejudice" exists in the county where the prosecution is pending that the defendant "cannot obtain a fair and impartial trial" there.

16. V.R.Cr.P. 21 governs the transfer of criminal cases for trial to another county.

17. 13 V.S.A. §§ 4635-4636 govern the procedural requirements for transfer orders and returns, including the transfer of the defendant if in custody.

18. Administrative Directive No. 21 requires the trial court to consult with the Administrative Judge for Trial Courts before ordering a change of venue to coordinate the selection of the destination county.

19. The Vermont Supreme Court has held that denial of a change of venue is a discretionary ruling, and the appellant must show abuse of discretion. State v. Truman, 124 Vt. 285, 204 A.2d 93 (1964); State v. Billado, 165 Vt. 615 (1996).

V. FACTORS FOR COURT CONSIDERATION

20. Vermont courts consider the following factors in evaluating a motion for change of venue:

☐ The nature and extent of pretrial publicity
☐ Whether the publicity is inflammatory or merely factual
☐ The size of the community and the degree of publicity saturation
☐ The length of time between the publicity and the trial
☐ The difficulty encountered in empaneling an impartial jury
☐ The severity and notoriety of the charged offense(s)
☐ Whether the publicity contains information not admissible at trial
☐ Whether public officials have made prejudicial statements
☐ Whether less drastic remedies (e.g., continuance, expanded voir dire) would be adequate

See State v. Truman, 124 Vt. 285 (1964); State v. Billado, 165 Vt. 615 (1996).

21. Application of these factors to the present case demonstrates: [________________________________]

VI. PROPOSED ALTERNATIVE VENUE

22. The Defendant respectfully proposes that this matter be transferred to the [________________] Unit of the Criminal Division of the Vermont Superior Court.

23. The proposed venue is appropriate because:

☐ It is sufficiently distant from [________________] County to minimize the impact of pretrial publicity.
☐ The proposed unit has not experienced the same degree of media coverage or community prejudice.
☐ The proposed unit has adequate courtroom facilities and resources.
☐ The proposed unit is reasonably accessible to the parties, witnesses, and counsel.
☐ Transfer to this venue would serve the interests of justice.

24. In the alternative, the Defendant requests that the Court, in consultation with the Administrative Judge for Trial Courts, select an appropriate unit for the trial of this matter.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

25. In support of this Motion, the Defendant submits the following:

☐ Exhibit A: Affidavit of [DEFENDANT / DEFENSE COUNSEL] regarding grounds for change of venue
☐ Exhibit B: Copies of media articles and news reports concerning this case
☐ Exhibit C: Screenshots or printouts of social media posts and online commentary
☐ Exhibit D: Affidavit(s) of community members regarding local sentiment
☐ Exhibit E: Survey or poll results regarding community awareness and prejudice (if available)
☐ Exhibit F: Documentation of threats or safety concerns
☐ Exhibit G: [OTHER SUPPORTING DOCUMENTATION]

VIII. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Grant this Motion for Change of Venue;
2. Consult with the Administrative Judge for Trial Courts regarding the selection of the destination unit, pursuant to Administrative Directive No. 21;
3. Order the transfer of this matter to the [________________] Unit, or to such other unit as determined in consultation with the Administrative Judge;
4. If the Defendant is in custody, issue a written transfer order to the custodian pursuant to 13 V.S.A. §§ 4635-4636;
5. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

_________________________________________
[DEFENSE ATTORNEY NAME]
Attorney for Defendant
Bar No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Vermont [ZIP CODE]
Telephone: [________________]
Email: [________________]

PROPOSED ORDER

STATE OF VERMONT
SUPERIOR COURT — CRIMINAL DIVISION
[________________] UNIT

Upon consideration of the Defendant's Motion for Change of Venue, the supporting affidavits and evidence, the hearing held on [__/__/____], consultation with the Administrative Judge for Trial Courts, and the Court being fully advised in the premises:

The Court finds that so great a prejudice exists in [________________] County that the Defendant cannot obtain a fair and impartial trial in the [________________] Unit.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to 13 V.S.A. § 4631 and V.R.Cr.P. 21.

IT IS FURTHER ORDERED that the above-captioned matter is transferred to the [________________] Unit of the Criminal Division of the Vermont Superior Court for all further proceedings.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit all papers and records to the Clerk of the [________________] Unit forthwith.

[IF APPLICABLE: IT IS FURTHER ORDERED that the custodian of the Defendant shall transfer the Defendant to the correctional facility designated for [________________] County, pursuant to 13 V.S.A. § 4635.]

BY THE COURT:

DATED this [__/__/____].

_________________________________________
Honorable [________________], J.

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing MOTION FOR CHANGE OF VENUE and all attached exhibits upon the following by the method indicated:

☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing/Service (via Odyssey File & Serve / eFile & Serve)
☐ Facsimile

[PROSECUTOR NAME]
[COUNTY] County State's Attorney's Office
[ADDRESS LINE 1]
[CITY], Vermont [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

VERMONT STATE PRACTICE NOTES

• "So Great a Prejudice" Standard: The statutory standard requires showing prejudice so great that a fair and impartial trial cannot be had. Courts apply a deferential abuse-of-discretion review. State v. Truman, 124 Vt. 285 (1964).
• Negative Publicity Alone Insufficient: Negative publicity alone will not justify a venue change. There must be evidence of actual prejudice or community sentiment so extreme that a fair trial is impossible. State v. Billado, 165 Vt. 615 (1996).
• Administrative Judge Consultation: Administrative Directive No. 21 requires consultation with the Administrative Judge for Trial Courts before ordering a change of venue to coordinate county selection and logistics.
• Custody Transfer: If the defendant is in custody and venue is changed, statutory procedures under 13 V.S.A. §§ 4635-4636 require a written transfer order to the custodian and return of the order to the originating clerk.
• E-Filing: Criminal motions must be e-filed using Odyssey File & Serve (OFS) or eFile & Serve (EFS). Criminal filings are exempt from the e-filing case fee.
• Small State Considerations: Vermont's small population and limited number of media markets mean that statewide publicity may be difficult to escape. Practitioners should present evidence specific to the county-level impact rather than statewide awareness.