Legal Framework

M.G.'S LAW Vermont Children's Civil Court Protection and Right to Counsel Act Legislative Framework & Outline for Drafting PURPOSE & FINDINGS The Vermont Legislature finds that:

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1. Children are occasionally named as defendants in civil court proceedings in Vermont state courts

2. When children are named as defendants, current law prohibits parents from representing their minor children

3. This creates an impossible "pro se parent catch-22" where children must either: Represent themselves (impossible for minors) Hire private counsel (financial barrier) Have their case tolled until age 18 (justice delayed)

4. Civil court filings become permanent public records that follow children throughout their lives, affecting housing, employment, and opportunities

5. Some attorneys exploit this catch-22 to coerce or intimidate parents by targeting their children

6. Courts currently lack systematic mechanisms to screen whether a child's inclusion as a defendant is necessary or constitutes weaponized litigation

7. Vermont Constitution Article 4 guarantees due process and equal access to justice for all persons, including children

8. Vermont has historically led the nation on justice issues and can lead again by protecting children in civil court

 

The purpose of this Act is to: Prevent weaponization of children in civil litigation Ensure judicial screening before children are named as defendants Guarantee children's right to appointed counsel when legitimately named as defendants Protect children's records from permanent harm Create economic incentives for careful judicial scrutiny Uphold constitutional due process for Vermont's children

 

TITLE I: PREVENTION & SCREENING Section

 

1: Mandatory Age Disclosure All civil complaints, petitions, and filings naming parties must include: Full name of party Age or date of birth (REQUIRED - cannot be blank) Court clerks shall not accept filings lacking age information for all named parties Implementation: Court forms revised to include mandatory age field Electronic filing systems require age entry before submission allowed Effective date: [6 months after passage for system updates] Section

 

2: Automatic Flagging and Sealing of Filings Naming Minor Defendants When any civil filing names a defendant under age 18: Automatic Court Response: Filing is immediately flagged in court management system Case file is sealed pending judicial review No public record is created until review complete Service of process is suspended until judicial review and approval Notice to Parties: Plaintiff/attorney notified that filing involves minor defendant Requires judicial review within 48 hours (or next business day) Case cannot proceed until review complete Exceptions: Does NOT apply to juvenile court proceedings (separate jurisdiction) Does NOT apply to family court proceedings where minor is already represented Section

 

3: Mandatory Judicial Screening Within 48 hours (or next business day), assigned judge must review and determine: Question for Court: Is the minor's inclusion as a defendant: Necessary and appropriate to the legitimate cause of action, OR Appears to be for improper purposes including coercion, intimidation, or retaliation against parent/guardian? Judge may: Option A: Approve (if legitimate - proceed to Section 4 for counsel appointment) Option B: Remove minor from case without prejudice Case proceeds against adult parties only Minor's file permanently sealed and expunged No public record of minor's involvement Option C: Dismiss with prejudice (if filing appears to be abuse of process) Entire case dismissed if minor was improperly targeted Sanctions consideration under Section 7 Minor's file permanently sealed and expunged Written Findings Required: Judge must issue brief written findings stating basis for decision Findings included in sealed portion of file TITLE II: RIGHT TO COUNSEL Section 4: Children's Civil Gideon - Right to Appointed Counsel for Minor Defendants Any minor approved as defendant in civil litigation under Section 3 has the right to appointed counsel at state expense. Appointment Process: Counsel appointed within 5 business days of judicial approval Vermont Defender General's Office, Children's Civil Division, provides representation Counsel represents minor's interests (not parent's interests) Counsel's Role: Represent minor throughout proceedings File pleadings, motions, and responses on minor's behalf Appear at all hearings and trial Advocate for minor's best interests May move to dismiss minor from case if not necessary Exceptions - Parent May Serve as Counsel IF: Court determines parent is suitable representative, AND Parent has capacity to adequately represent child's interests, AND Minor (if age-appropriate) consents, AND No conflict of interest between parent and child exists Otherwise appointed counsel is mandatory and may not be waived. Section 5: Funding and Administration Vermont Defender General's Office - Children's Civil Division: Creation: Establish Children's Civil Division within Vermont Defender General's Office Dedicated staff attorneys for children's civil defense Administrative support and oversight Funding Sources: Primary: Civil Filing Fee Increase Increase civil case filing fees by $25 Revenue deposited in dedicated "Children's Civil Counsel Fund" Fund used exclusively for children's civil defense services Secondary: Attorney Sanctions Penalties collected under Section 7 deposited in Fund Cost recovery from losing parties (Section 8) Supplemental: General Fund Appropriation Legislature appropriates supplemental funds as needed Annual report on fund status and utilization Estimated Costs: Personnel (attorneys and admin): $150,000 annually Case representation (estimated 10-15 cases): $100,000 annually Training and oversight: $10,000 annually Total estimated: $260,000 annually Estimated Revenue: Filing fee increase ($25 × 18,000 cases): $450,000 annually Net positive: $190,000 annually Surplus supports other access to justice initiatives TITLE III: RECORD PROTECTION Section 6: Sealing and Expungement Mandatory Sealing: All case files involving minor defendants remain sealed throughout minority Sealed files not accessible for background checks, tenant screening, employment verification Court may not release sealed information without specific court order Automatic Expungement at Age 18: When minor reaches age 18, court records automatically expunged IF: Minor was removed from case under Section 3, OR Case was dismissed, OR Judgment was in minor's favor Discretionary Expungement: Minor may petition for expungement at age 18 even if judgment was against them Court considers: circumstances of case, minor's conduct, passage of time, rehabilitation Exceptions: Expungement may be denied only if: Minor committed intentional tort causing serious harm, AND Victim has ongoing legitimate need for record access TITLE IV: ACCOUNTABILITY & ENFORCEMENT Section 7: Attorney Sanctions for Improper Naming of Minor Defendants Sanctionable Conduct: An attorney may be sanctioned for naming a minor as defendant without good faith basis that minor's inclusion is necessary to the cause of action. Factors Indicating Bad Faith: Minor named shortly after parent exercised legal rights No legitimate cause of action against minor specifically Pattern of naming minors in multiple cases Minor's inclusion serves to coerce or intimidate parent Attorney knew or should have known inclusion was improper Sanctions May Include: Monetary penalties ($500-$5,000 per violation) Payment of minor's attorney fees Payment of family's costs and damages Referral to Vermont Professional Responsibility Board Attorney education requirements Penalties deposited in Children's Civil Counsel Fund Section 8: Abuse of Process Per Se Creating Legal Presumption: Naming a minor as defendant in civil litigation for the purpose of coercing, intimidating, or retaliating against the minor's parent or guardian constitutes abuse of process per se under Vermont law. This creates: Clear legal standard for future cases Basis for civil claims by affected families Professional responsibility violation Potential for cost recovery and damages Prevailing Party Attorney Fees: If minor or parent prevails and shows minor was improperly named Losing party pays minor's appointed counsel fees Losing party pays family's costs and reasonable attorney fees Cost recovery reduces state burden Section 9: Cost Recovery When minor defendant prevails or is removed from case as improper: State may recover costs from plaintiff/plaintiff's attorney: Cost of appointed counsel Administrative costs Court costs Recovery deposited back into Children's Civil Counsel Fund This creates additional economic disincentive for improper naming of minors. TITLE V: JURISDICTION & APPLICABILITY Section 10: Scope and Limitations This Act applies ONLY to: Vermont state civil courts Superior Court civil division Small claims court (if minor named) Housing court / eviction proceedings Contract disputes Tort claims Any civil proceeding in Vermont state courts This Act does NOT apply to: Federal court proceedings (federal jurisdiction) Immigration proceedings (federal administrative) Juvenile court proceedings (separate statutory scheme) Family court proceedings where minor already represented by guardian ad litem Criminal proceedings (separate constitutional protections) Tribal court proceedings (separate sovereignty) TITLE VI: IMPLEMENTATION Section 11: Effective Dates and Transition Phase 1 - Immediate (upon passage): Section 7 (sanctions) and Section 8 (abuse of process per se) effective immediately Applies to all pending and future cases Phase 2 - Within 6 Months: Sections 1-3 (mandatory age field, flagging, screening) effective Time for court system updates and form revisions Clerk training on new procedures Phase 3 - Within 9 Months: Sections 4-6 (right to counsel, funding, sealing) effective Time to hire staff, establish Children's Civil Division File fee increase takes effect Retroactive Application: Minor defendants in pending cases may petition for appointed counsel Cases filed before effective date may seek screening and record sealing No retroactive expungement for closed cases (prospective only) Section 12: Reporting Requirements Annual Report to Legislature: Vermont Defender General's Office shall report annually on: Number of minors flagged in filings Number approved vs. removed by judicial screening Number of minors receiving appointed counsel Costs and funding status Sanctions imposed Cost recovery achieved Recommendations for improvements Judicial Council Review: After 2 years of implementation, Judicial Council shall review and report on: Effectiveness of screening process Deterrent effect on improper filings Fiscal sustainability Recommendations for statutory amendments if needed DRAFTING NOTES FOR LEGISLATIVE COUNSEL Definitions Section Needed: "Minor" = person under age 18 "Civil proceeding" = [standard definition] "Defendant" = party against whom relief is sought "Good faith basis" = reasonable belief based on facts and law "Appointed counsel" = attorney provided at state expense Cross-References to Include: Vermont Constitution Article 4 (due process) Vermont Rules of Civil Procedure Vermont Defender General statutes Professional Responsibility Rules Court administrative rules Severability Clause: Standard severability language - if any provision held invalid, remainder stays in effect Emergency Clause (Optional): Legislature could declare emergency to expedite implementation if appropriate FISCAL NOTE ESTIMATE One-Time Costs: Court system updates: $50,000 Form revision and training: $20,000 Staff recruitment: $20,000 Total: $90,000 Annual Ongoing Costs: Personnel: $150,000 Case costs: $100,000 Administration: $10,000 Total: $260,000 Annual Revenue: Filing fee increase: $450,000 Sanctions (estimated): $25,000 Total: $475,000 Net Annual Fiscal Impact: +$215,000 (revenue positive) Note: Actual costs likely lower due to deterrent effect. Estimates assume 10-15 cases annually; actual may be 5 10. COALITION PARTNERS TO ENGAGE Legal Services: Vermont Legal Aid Vermont Defender General's Office ACLU of Vermont Vermont Bar Association (Children's Rights Section) Child Advocacy: Voices for Vermont's Children Vermont Children's Alliance Kids Count Vermont Housing: Vermont Affordable Housing Coalition Rights & Democracy Vermont (housing committee) Local housing activist groups Access to Justice: Vermont Access to Justice Commission Vermont Law School clinics Pro Bono Project LEGISLATIVE CHAMPION CRITERIA Ideal sponsor characteristics: Champions children's issues Understands housing/tenant issues Progressive but pragmatic Respected across aisle (for bipartisan support) Committee assignments: Judiciary, Appropriations, or Human Services Potential co-sponsors: Members from districts with high housing instability Parents themselves Former attorneys (understand legal issues) Representatives from Montpelier/Central Vermont (local connection) MEDIA/MESSAGING STRATEGY Frame as: Common sense child protection Fiscally responsible (money maker) Vermont leadership on justice Bipartisan (protecting children) Avoid framing as: Anti-attorney Pro-tenant only Expensive new program Partisan issue Lead with: M.G.'s story (human face) Vermont's legacy (state pride) Economic sense (revenue positive) Simple solution (elegant fix) END OF LEGISLATIVE FRAMEWORK For questions, contact: [information to be added] Version: Draft 1.0 - October 2025