Rule 9 - Release in Criminal Cases(a) Appeals from Conditions of Release.(1) After reasonable notice to the appellee, the Court must promptly hear and determine an appeal authorized by 13 V.S.A. § 7556(b) or (c) or by V.R.Cr.P. 46(c) from an order imposing, refusing to impose, amending, or refusing to amend, conditions of release. The argument will be scheduled for remote audio or video participation by all parties.(2) The appeal will be determined on the record without the necessity of briefing. (3) The Supreme Court or a single justice may order a defendant's release pending the disposition of the appeal. (b) Reviewing Denial of Release.(1)Denial of Release under 13 V.S.A. § 7553a. (A) Review authorized by 13 V.S.A. § 7556(d) of a denial of release under 13 V.S.A. § 7553a will be by a single justice of the Supreme Court. (B) A person seeking this review must file a notice of appeal in the superior court, provide a copy to the Supreme Court, and give reasonable notice to the State. (C) Transcript preparation takes precedence over all matters except older matters of the same character.(D) The reviewing justice must set the time and place of the hearing, which may be conducted by remote audio or video. (E) The reviewing justice will conduct a de novo review based on the record and any additional evidence authorized by the justice for good cause shown. A party must present the reviewing justice with a memorandum describing any proposed additional evidence at least 24 hours before the hearing. (F) After a hearing, the reviewing justice must either affirm or vacate the order denying release, and remand to the superior court with instructions to enter an order or take further proceedings consistent with the justice's decision. (2)Denial of Release under Rule 9(b)(1) or 13 V.S.A. § 7553. (A) Review authorized by 13 V.S.A. § 7556(e) of a denial of release under Rule 9(b)(1) or 13 V.S.A. § 7553 will be by a panel of three Supreme Court justices. (B) A person seeking this review must file a notice of appeal in the superior court, provide a copy to the Supreme Court, and give reasonable notice to the State. (C) Transcript preparation takes precedence over all matters except older matters of the same character.(D) The argument may be conducted by remote audio or video.(E) After the hearing, the panel must either affirm or vacate the order denying release, and remand to the superior court with instructions to enter an order or take further proceedings consistent with the panel's decision.(c) The Record. For purposes of any appeal or review to be conducted in accordance with Rule 9(a) or (b), the record consists of the charging document, the record of actions, affidavits, all pertinent parts of the transcript of the proceeding of which appeal or review is sought, and any order or orders entered therein. Added March 2, 1973, eff. 10/1/1973; 6/30/1982, eff. 7/1/1982; 11/30/1982, eff. 2/1/1983; 11/30/1989, eff. 3/1/1990; 12/15/1994, eff. 12/15/1994; 6/11/2013, eff. 9/3/2013; amended Dec. 10, 2019, eff. 3/2/2020; amended July 13, 2021, eff. 8/17/2021; amended August 9, 2022, eff. 10/1/2022.Reporter's Notes-2021 Amendment
Rule 9 is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing.
Rule 9(b)(1)(B) is amended to clarify that a request to appeal should be filed in the superior court with a copy provided to the Supreme Court. For electronic filers, the copy may be sent through File and Serve using the courtesy copy function to the general email address jud.supremecourt@vermont.gov. Former subparagraph (b)(1)(C) that required a person seeking review to send a copy of the record is deleted because the Supreme Court will have access to the superior court electronic case file. The remaining subparagraphs are renumbered. New subparagraph (b)(1)(D) is amended to allow the hearing to be conducted by remote audio or video.
Rule 9(b)(2)(B) is amended to clarify that a request to appeal should be filed in the superior court with a copy provided to the Supreme Court. For electronic filers, the copy may be sent through File and Serve using the courtesy copy function to the general email address jud.supremecourt@vermont.gov. Former subparagraph (b)(2)(C) that required a person seeking review to send a copy of the record is deleted because the Supreme Court will have access to the superior court electronic case file. The remaining subparagraphs are renumbered.
Reporter's Notes-2020 Amendment
Rule 9(c) is amended to update its language in anticipation of the new case management system, which will be rolled out in phases throughout the state. See Reporter's Notes to Rule 3. The term "docket entries" is replaced with the more general term "record of actions."