Vt. R. Bar Adm. 4

As amended through August 12, 2024
Rule 4 - Character and Fitness Committee
(a)Appointment; Composition of Committee; Restriction on Appointments; Terms; Vacancy; Officers; Quorum.
(1)Appointment. The Court appoints the Members of the Committee.
(2)Composition of Committee. The Committee consists of seven Members:
(A) Either one retired Supreme Court justice or an active or retired judge;
(B) Three attorneys admitted to the Bar for at least three years before appointment; and
(C) Three nonattorneys.
(3)Restriction on Appointments. No current Examiner or Associate Examiner of the Board may serve as a Member of the Committee.
(4)Terms. Terms commence on October 1. Each term of appointment is for four years, plus any additional time necessary for appointment of a successor.
(5)Vacancy. If a Member resigns, or an appointment is otherwise vacant, the Court will appoint a successor to complete the unexpired term.
(6)Officers.
(A)Appointment of Chairperson and Vice-Chairperson. The Judge Member will serve as Chairperson of the Committee. Annually on October 1, the Court will designate a Member to serve as the Vice-Chairperson of the Committee. The Chairperson and Vice-Chairperson will serve in such capacities until their successors are designated.
(B)Responsibilities of Chairperson. The Chairperson ensures all reporting requirements of the Committee are completed in accordance with these rules.
(7)Quorum. A quorum consists of four Members or all Members not disqualified, whichever is less.
(b)Duty to Determine Good Moral Character and Fitness. It is the Committee's duty to determine, through fair, impartial, and thorough investigation, whether an Applicant possesses good moral character and fitness warranting the Applicant's admission to the Bar to engage in the practice of law.
(c)Annual Report. Annually, by October 1, the Committee must report in writing to the Court its activities and recommendations, if any, relating to policies or procedures for investigating Applicants' moral character and fitness.
(d)Compensation and Expenses. In the performance of their Committee duties, each Member is eligible to receive per diem compensation and be reimbursed for reasonable and necessary expenses equivalent to that provided by law for comparable boards and commissions. A request for compensation and reimbursement of expenses must be made on a Court-approved voucher and be submitted to the Court Administrator.

Vt. R. Bar Adm. 4

Effective 4/18/2016; amended November 5, 2018, effective 1/7/2019.

Board's Notes-2019 Amemdment

Rule 4(a) is revised to add two members to the Character and Fitness Committee, one attorney and one non-attorney. This change is being made to allow for more efficient processing of character and fitness report reviews during high-need times and for more members to be available for three-member panels. Because the overall size of the Board is increased from four to six, Rule 4(a)(7) is revised to increase the quorum requirement from three to four

Board's Notes

This rule is drawn from the prior rules §§ 3 and 5.

The description of the Committee's reporting obligation has been changed to reflect current practice. The Committee does not separately report (as prior rule § 3 suggested) a list of the applicants found to possess good moral character and fitness. Rather, the Committee identifies those applicants who qualify for admission and those applicants are included on the motion for admission described in Rule 20(b).