Vermont courts improve online access for attorneys to case records

In a recent meeting of the Vermont House Judiciary Committee, lawmakers discussed significant updates to the state's court record access laws, reflecting the evolving landscape of digital information and legal practice. The meeting, held on April 2, 2025, highlighted the need for modernizing regulations that govern how attorneys access court records, particularly in light of technological advancements since the original legislation was enacted in 2007.

One of the primary topics was the proposed amendment to allow licensed Vermont attorneys in good standing to access non-confidential probate, family, and criminal court case records online. Currently, attorneys must physically visit courthouses to review these records, a process that has been criticized for being inefficient and outdated. The proposed change aims to streamline legal processes, enabling attorneys to work remotely and access necessary information from their offices. This adjustment comes in response to concerns raised by the Vermont Bar Association and individual attorneys who have expressed frustration over the existing limitations.

The committee also discussed the technical aspects of implementing this online access, including how the court would verify an attorney's standing. It was noted that the court already has a system in place for this purpose, which could be adapted to facilitate the new online access without significant additional burden.

Another important issue addressed was the handling of attorney's fees in mortgage foreclosure actions. Current Vermont law requires a hearing for all attorney fee requests in these cases, regardless of the amount. The committee considered aligning this requirement with the general rule in the Vermont Rules of Civil Procedure, which stipulates that a hearing is only necessary if the fee requested exceeds 2% of the judgment. This change aims to reduce unnecessary court hearings and streamline the foreclosure process.

Overall, the discussions during the meeting underscored a commitment to modernizing Vermont's legal framework to better serve both attorneys and the public. As the committee moves forward, these proposed changes could significantly enhance the efficiency of legal proceedings in the state, reflecting a broader trend towards digitalization in the legal system. The committee plans to continue reviewing these proposals and anticipates further discussions in upcoming sessions.