The Legislature Returns

I did promise you that I’d be back to posting when the legislature returns and they’re back tomorrow! You’ve no doubt been reading the news about the state’s budget woes which are going to continue for at least two more fiscal years if not beyond that. In this session there’s Vermont Yankee to deal with along with education funding, highway and bridge funding, health care, etc. And, of course, we’re concerned about the report of the Commission on Judicial Operation. I hope that you’ve all had the chance to read it as well as the report of the VBA Board of Managers in response. Our report can be found here: http://www.vtbar.org/Upload%20Files/WebPages/VBA%20Report%20on%20the%20Judicial%20Commisssion%2012%2028%2009%20FINAL.pdf. It will also be printed in its entirety in the next issue of the VBA Journal.
First and foremost the VBA Board supports full funding of the judiciary as it always has. It also understands and supports a unified management structure of the judicial branch. Where the Board disagrees with the Commission is mainly in the recommendations about the probate court. The VBA Board has serious concerns about the changes the Commission has recommended and will work to oppose that portion of the bill when it is presented.
We expect that the bill will originate as a House bill. Although I have not yet seen it, I know that the two House committees are meeting jointly this Wednesday at 9:30 to hear a presentation on the report. The two committees of jurisdiction are the House Judiciary Committee and the House Government Operations Committee. I have already shared the VBA position with the chairs of these committees as well as their counterparts in the Senate and the appropriations committees in both chambers. It’s time for you to become involved in this if you have not yet been. Talk with your legislators about the changes; how you think they’ll affect the courts you appear in most often; share your ideas on better and more efficient ways to deliver justice. The discussion will be long before the session ends in May. Just because there is a Commssion report and a VBA report doesn’t mean that more isn’t coming. I know the association representing the probate judges has retained a lobbying firm to press their case. I expect that the assistant judges will have representation to argue for the retention (or the expansion) of their judicial role. There will be lots of moving parts to this and, if a bill does in fact pass and go the governor (if, I mean if) it may not look like anything that’s on the table right now. Sometimes, it looks so different that the proponents of January end up being the opponents in May. What a fun time of year.
Anyway a lot more is happening here at the VBA. our Collaborative Law, Family Law, Criminal Law, Elder Law, Probate Law Sections have all been working on proposed legislation that is being considered by the VBA Board of Managers for possible introduction in 2010. A special subcommittee of the Business Association Law Section is working on a rewrite of our non profit corporation statute. This is something that will take until the 2011 session.
I’ll report back after the opening tomorrow and again after the Wednesday morning hearing.
Thanks for reading.