Different Bar In re Anderson, 2020 VT 75  By Andrew Delaney Admission to the bar is a process. Part of the process is a character and fitness determination. Often, it’s a simple matter of running a background check and checking the applicant’s file for any concerns. When there are concerns, an applicant may have a hearing. The hearing panel will make a character and fitness determination. Ultimately, SCOV is responsible for overseeing bar admissions.…

Apps exist that can unmask your calls. Just FYI. Hinkson v. Stevens, 2020 VT 69 By Jacob Oblak   Legal theory and jargon aside, it’s worth remembering that legal issues don’t just grow on trees or appear in your garden or get thought up by random law professors just for fun. Real cases start with a story. Real people have memories and stories that inevitably differ from other people’s memories and stories. That’s why courts…

Road or not a road? That is the question.  Daiello v. Town of Vernon, 2018 VT 17 By Elizabeth Kruska We here at the SCOVLawBlog have a huge backlog of cases to summarize. Since early 2018 this case has lived in the backlog, and we thought it was time to give it some attention. And the conclusion we have come to is that litigation can be a mess. I mean, we already knew that, but…

Lazy obligatory calendar pic By Andy Delaney Three opinions issued on August 14. First, we have a leaseholder seeking to intervene in a condemnation proceeding for a highway project. The trial court denied leaseholder corporation’s motion to intervene because leaseholder was not a “property owner,” as defined in the applicable statute, in the trial court’s view. SCOV reverses, holding that the leaseholder has an unconditional statutory right to intervene under Rule 24 and that…

Next?  Golden v. Worthington, 2020 VT 71 By Elizabeth Kruska This is sort of an interesting set of facts. The parties had a child in 2000. There is (or was) a child support order. It was supposed to stop when the child turned 18 or completed high school, whichever was later. Often kids turn 18 before graduation, so it makes little sense to stop support before they graduate. Conversely, kids sometimes graduate and then turn…

State v. Gauthier, 2020 VT 66 By: Jacob Oblak  An appeal means a party or the parties disagree on a ruling or rulings by a lower court and want a second look from a higher authority to review it and make a final decision. A lot of appealed cases involve lawyers arguing about what really happened, picking apart the facts, and trying to get the Supreme Court justices to see it their way. This…