The Purge

An attorney who was suspended earlier this year faces sanctions for failure to cooperate with an appointed trustee per this entry order of the Vermont Supreme Court

 On September 7, 2018, the trustee filed a confidential final report outlining respondent’s refusal to cooperate in his efforts. On September 12, 2018, this Court ordered respondent to comply with the trustee’s May 7, 2018 Demand Letter within fourteen days and warned her that failure to comply might result in the initiation of contempt proceedings and/or the imposition of other sanctions. This order was personally served on respondent. On October 1, 2018, the trustee filed notice with this Court that respondent had not complied with his demand letter. The Court thus scheduled a show-cause hearing to allow respondent the opportunity to show cause why she should not be held in contempt of the Court’s September 12, 2018 order. This order was also personally served on respondent.

She was held in contempt after failing to appear for the show cause hearing and now must purge the contempt

 Respondent is specifically advised that at the purge hearing, the Court will consider the imposition of sanctions including incarceration. Respondent has a right to represented by an attorney at this hearing and if she cannot afford an attorney, she has the right to request that an attorney be appointed for her by this Court. See Russell, 166 Vt. at 397, 697 A.2d at 633. Failure to retain an attorney or request an attorney by NOVEMBER 26, 2018 will result in a waiver of the right to be represented by counsel at the hearing.

Respondent is found in contempt of the Court’s September 12, 2018 order. To purge this contempt, she must comply with the Court’s September 12, 2018 order by responding to the trustee’s May 7, 2018 Demand Letter. Respondent must comply by November 30, 2018. Failure to comply may result in the imposition of a sanction of incarceration following a purge hearing.

(Mike Frisch)