RIghts
OFFICE OF THE OMBUDSMAN
Article 28 REMEDIES AVAILABLE TO THE COURT
Article 30
The Office of the Ombudsman is an inde-
pendent department of the Court, and its re-
sponsibilities shall be exercised without in-
put and/or interference of the Court. The
Office of the Ombudsman shall be available
to the public, and to potential or actual liti-
gants, for the purpose of optimizing their ac-
cess to the Court and its systems. When the
Court deems that a Petition for Review de-
serves consideration, but finds that the pro-
posed Petitioner(s) lack representation that
is calculated to afford a full and fair repre-
sentation, the Ombudsman shall be ordered
by the Court to represent the interest of the
petitioner(s). The Office of the Ombudsman
shall also be available to facilitate compli-
ance with orders of the Court. The Court is invested with the power to in-
voke all legal and equitable remedies in con-
nection with its disposition of cases that fall
within its subject matter jurisdiction. The
Court will not serve as a venue for the con-
sideration or assessment of civil damag-
es, and will not serve as a venue for crimi-
nal prosecution. Instead, the Court’s mission
shall be to make determinations regarding
existing human rights violations, and to is-
sue orders regarding the steps that should
be taken, or not taken, in order to bring any
violative conditions into compliance with hu-
man rights law and practice. Upon proof of
the necessary facts, the Court is empowered
to issue orders of preliminary relief, includ-
ing ex parte writs, preliminary injunctions,
and permanent injunctions. In the event of
an ex parte writ, a prompt opportunity for
hearing on notice, with due process, will be
afforded to the Respondent, within the earli-
est practical time frame.
MEDIATION
Article 29
The Court shall direct the parties to en-
gage in mediation whenever it believes that
mediation would be of assistance to the pro-
cess, and the Ombudsman shall establish a
panel of independent mediators who shall be
available to offer their services to the parties
under such circumstances. The Court shall
offer the Mediators regular trainings, both as
a condition and a benefit of their service.
personam and in rem, as would be any anal-
ogous domestic writ, decision or order. Any
National Judiciary Signatory agrees, to the
extent of its juridical authority, that the writs,
decisions and orders of the Court will be
treated by the National Judiciary as would
be any analogous domestic writ, decision or
order.…
AMENDMENT OF THE STATUTE OF THE
COURT
Article 34
A. Amendments to this Statute may be ad-
opted by a three-quarters (3/4) vote of the
full number of Members…
____________________
Mark Oettinger, Esq. is a partner in the
Burlington, Vermont law firm of Montroll,
Backus & Oettinger, PC. He is Chair of the
Vermont Bar Association’s International Law
& Practice Section, teaches public and pri-
vate international law, and co-founded the
Russian American Rule of Law Consortium.
IMPLEMENTATION OF THE COURT’S
DECISIONS AND ORDERS
Article 31
Any Nation State Signatory agrees that the
writs, decisions and orders of the Court will
be fully enforceable in its domestic courts, in
Upcoming VBA CLE’s Not to Be Missed!
January 13-14, 2017: YLD Mid-Winter Thaw at Le Sheraton, Montreal
5.25 credits, Featuring Thaw Bowl IV and sessions on Digital Security, Jury Selection, Finding Success at Big, Small
and Solo Firms and more!
*************************************
March 30-31st, 2017: VBA 60 th Mid-Year Meeting at The Equinox Resort in Manchester
Up to 7.5 Credits available, REGISTRATION WILL BE OPEN SOON!
• Ethics Trivia and Technology with Mike Kennedy
• Financial Wellness for You and Your Clients with Money Peace
• Real Estate Basics; Bankruptcy Basics; Evidence Basics
• Roadmap for Successful Law Firm Transitions and Exits: Safeguarding Your Future
• Probate Litigation
• Diversity Section: Implicit Bias in the Judicial System
• Representing Veterans in Disability Cases
• Collaborative Law, ADR: Apology, Divorce Taxation among others.
Featuring extended discounted room rates, group ski passes with sufficient registrants, spa, pool, outlet
shopping, a tri-county Bar Association-sponsored cocktail reception, and more!
*************************************
April 21, 2017: Basic Skills in Vermont Practice and Procedure at Hilton Burlington
6.0 Credits; Approved and Certified to Satisfy VT Rule 12(a)(1) and Rule 15(c) of the Rules of Admission
*************************************
May 18-19, 2017: Solo & Small Firm Conference at Basin Harbor Club in Vergennes
Save the Date! Featuring Paul Mellor-Memory Master, Succession Planning: Exit Strategies, Casemaker,
Malpractice, Technology Tips and more!
32
THE VERMONT BAR JOURNAL • WINTER 2016-17
www.vtbar.org