VT has never enforced 8.3 and virtually never enforced 3.1 despite its own Survey showing that >30% of its lawyers see them violated every year and >90% believe the increased lack of professionalism and civility increases costs and reduces the public’s confidence in the justice system. These facts are public but ignored.

Privately, VT BEAs have themselves violated 3.1 by avoiding enforcement through bad faith assertions such as the following three: (a) BEAs can’t enforce while litigation is pending; (b) 3.1 doesn’t apply to them; and (c) 8.3 doesn’t apply to violations by non-VT attorneys even when told in VT. Because VT BEAs operate in unjustified secret and complainants cannot appeal non-enforcement decisions, these BEA violations remained private until RTL disclosed them in 2024. See Honor Code Broken (provided to BEAs, Bar Association, and Supreme Court in 2024 and 2025 with invitations to identify any statements believed to be incorrect or unpublishable). Still others remain private today.

Vermont’s Bar Association will not even acknowledge much less discuss this problem. At a CLE webinar to discuss the 2023 Survey results, one judge cavalierly attributed VT’s enforcement failures to its Bar’s small size, but VT’s Bar is 8 times the size it was 40 years ago, when no such scandal was even suggested. A cronyistic placement of social loyalties over the law is much more likely the cause. Examples of resulting harm are everywhere, including two cases (Riley & Spaulding) and small town actions.