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Analysis

Vermont's Anti-Bias Rule Vote An Outlier In Heated Debate

By Andrew Strickler (August 14, 2017, 9:30 PM EDT) -- Vermont's quiet acceptance last month of the American Bar Association's anti-bias misconduct rule likely won't be repeated even in left-leaning states, experts say, as legislative and judicial headwinds against the rule continue to pick up across the country.

In the first jurisdiction to greenlight Model Rule 8.4(g), Vermont's five-member Supreme Court last month voted unanimously in support of the anti-harassment measure that is generating spirited pushback in a handful of states, often on First Amendment grounds.

Passed a year ago after a contentious fight in the ABA, the new Model Rule creates a clear prohibition against biased behavior by lawyers "in...

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