What ’ s New
CRIMINAL LAW SECTION By : Dan Maguire , Esq .
This coming year the Criminal Law Section plans to actively engage our community by soliciting our members as to what changes - additions , amendments or deletions to the Vermont Rules of Criminal Procedure would best benefit the effective administration of justice . Section Chair Dan Maguire will take proposals to the Supreme Court ’ s Criminal Rules Advisory Committee for consideration and adoption .
The Criminal Law Section will also be sponsoring additional programs and seminars throughout the year including an upcoming seminar on Implicit Bias in the Criminal Justice System which will be presented at the VBA Annual Meeting on Friday , October 13 , 2017 at the Burlington Hilton .
Comments are welcome and can be directed to Dan Maguire at Dan @ maguirelawvt . com or VBA Connect via the Criminal Law Community .
DISPUTE RESOLUTION SECTION By : Emily Gould and Richard Hecht , Esqs . The DR section hosted a well-attended CLE at the VBA Mid-Year meeting on the topic of Apology . We were fortunate to have Jim Spink and Erica Smart participate as panelists with DR chair , Emily Gould . Also this year , we formed an alliance with the newly formed Vermont Family Mediators association ( VFAM ) and hope that this will support the continuing learning of our Section members . Finally , after more than a decade of serving as Chair or Co- Chair , Emily Gould announced that she will be stepping down from leadership .
ELDER LAW SECTION By : Glenn Jarrett , Esq .
The Elder Law Section co-sponsored Vermont NAELA ’ s annual Summit . The 2017 Summit is focusing on three timely topics : Planning for Camps and Second Homes ; Financial Exploitation of Elders and Digital Assets .
In addition , Section members reviewed proposed legislation on financial exploitation of elders and gave informal advice about the legislation to Attorney General ’ s Office members .
ENVIRONMENTAL LAW SECTION By : Gerald Tarrant , Esq .
Over the past year , we have seen major changes in both our environmental and public utility practices . The Vermont Public Service Board is now the Vermont Public Utility Commission . The PUC has a new Chairman Anthony Z . Roisman . At the time of his appointment he was consulting with attorneys on environmental litigation including NRC and PUC practice and on the admissibility of expert testimony in complex litigation . He promises to bring an insightful and robust approach to PUC practice .
This past June the Environmental Section held a full day CLE Program combining an overview of the new Public Service Board ( i . e . PUC ) net metering Rule 5.100 , and a discussion of preferred sites in the net-metering context , including the methodology behind ANR certification of brownfields , sanitary landfills and Super Fund sites . After an update on Energy and Environmental Legislation in the 2017 Session , we held a discussion on statutory changes to the Vermont Endangered Species Act and the areas of overlap with the Federal Threatened & Endangered Species Act , addressing habitat fragmentation and forestland conservation through Act 250 and land use planning . At this same CLE , an overview of new Investigation and Remediation of the Contaminated Properties Rule , an overview of Natural Resources Damages Assessment rulemaking process and an overview of changes to the Federal Clean Water Act were presented .
This fall we will hold a CLE at the Annual Meeting in Burlington on an issue that seemingly won ’ t go away - how to assess the “ deference ” that should be given to administrative agencies and their determinations . The question of deference often arises within the context of Act 250 determinations when state agencies provide their opinions and determinations to the Commissions and Environmental Division but we are seeing this issue arise in other settings as well . Lawyers from private practice , state agencies and non-profit groups will discuss how our courts should apply the “ deference ” rule that was the focus of the U . S . Supreme Court in Chevron , U . S . A ., Inc . v . Nat . Res . Def . Council , Inc ., 467 U . S . 837 ( 1984 ).
FAMILY LAW SECTION By : Patricia Benelli The Family Law Section has been actively involved this year in assessing , commenting and testifying before various legislative committees on several family-law related bills , particularly on the issues of artificial reproductive technologies and a major overhaul of our alimony statute . We are still involved in work on both of the topics and expect activity to increase when the study groups established by the legislature submit their reports this fall . The Section has also organized a full day of CLE on financial and bankruptcy issues in divorce , which will be presented on Family Law Day September 22 nd . Finally , the Section is going to begin looking at our parentage statutes with an eye to updating and clarifying them .
FEE ARBITRATION SECTION By : Catherine Clark , Esq .
In the Arbitration of Fee Complaints , we have had two cases go to arbitration this year . I have had a few other inquiries about our service from clients unhappy with their fees . Most want to discuss their cases with me and get my opinion . I encourage them to
22 THE VERMONT BAR JOURNAL • FALL 2017 www . vtbar . org