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Sheriffs urge caution as committee considers making alternate service more available
Summary
The Judicial Rules Committee reviewed proposed changes to service‑of‑process rules that would allow judges to appoint alternative non‑sheriff servers to speed service and save costs. Sheriffs warned of past improper service and liability risks and urged vetting or training requirements; lawmakers pushed for committee comments during the public comment period.
Alan (reporter for the civil/rules committee) presented a proposed amendment to Rule 4 on service of process that would make alternate service available by court appointment "freely and promptly" when substantial travel savings or other good cause exist. The change stops short of allowing anyone to serve process as of right, but would permit judges to appoint non‑sheriff individuals in particular cases to address staffing delays and cost.
Senator Nader Hashim and others said the proposal aims to align Vermont practice with federal and other states while mitigating delays. Senator Tanya Bechovsky warned about the safety of persons being served — for example, when abusive partners are involved — and asked whether judges would vet prospective appointees. Representative Martin Loeb and others suggested adding language about vetting, training or qualification in either the rule or reporter's notes.
Mark Anderson, sheriff of Windham County and president of the Vermont Sheriffs Association, joined the meeting and described examples where improper service left tenants unaware of eviction filings (documents stuffed on porches, service done by unqualified constables), producing additional expense and rework. Anderson said sheriffs perform background checks and use internal safeguards; he noted civil‑service constraints (sheriffs' authorities are county‑based, while criminal officers operate statewide) and expressed concern about liability if poorly performed alternate service causes invalid orders.
Committee members asked the rules committee to consider including vetting or qualification standards in the rule text or reporter's notes. Alan said he would accept comments from sheriffs and others and that the rules committee will review feedback in the comment period.
Next steps: Sheriff Anderson will file formal comments to the committee; the rules committee may revise reporter's notes or rule language to address vetting/training and liability concerns.
