Code of Judicial Administration – Effective December 5, 2020
CJA04-0202.02. Records Classification (AMEND). Clarifies that all records related to determinations of indigency are private records.
Author: Utah Courts
Posted: January 25, 2021
Posted: January 22, 2021
Rules of Professional Conduct of the Rules Governing the Utah State Bar – Effective January 19, 2021
RPC06.05. Short-term Limited Legal Services. AMEND. Broadens the term “short-term legal services” to include one-time consultations and representations through government- and law school-sponsored programs. Further provides that other lawyers in a firm are not disqualified from representing clients whose interests are adverse to a client who received short-term limited legal services from a lawyer in the firm if (1) the lawyer who provided the services is timely screened from the adverse clients’ matters, and (2) receives no fees from those matters.
Posted: December 22, 2020
Code of Judicial Administration – Effective May 1, 2021
CJA03-0201. Court Commissioners (AMEND). Clarifies that both the Council and presiding judges can take corrective actions in response to a complaint or poor performance, and “removal” was added as a possible corrective action.
CJA03-0201.02. Court Commissioner Conduct Committee (AMEND). More clearly defines the committee’s charge and complaint procedures, and creates an appeals process if the Committee dismisses a complaint without a hearing.
CJA03-0301.01. State Court Administrator—Complaints and Performance Review; Complaints Regarding Judicial Officers and State Court Employees (NEW)
Establishes the Management Performance Review Committee, outlines a process for reviewing the performance of the State Court Administrator, and creates an avenue by which complaints regarding the State Court Administrator, judicial officers, and state court employees can be received, reviewed, and investigated.
CJA03-0105. Administration of the Judiciary (NEW). Sets forth the authority of judges, courts, the Supreme Court, and the Judicial Council to administer the functions of the judicial branch. Creates a process by which the Supreme Court and Judicial Council may assess and determine exclusive and predominate authority, and how those two bodies will communicate with each other when issues arise.
Posted: December 14, 2020
Rules of Civil Procedure – Effective January 1, 2021
Consolidation and Venue Transfer Amendments
URCP042. Consolidation; separate trials; venue transfer. AMEND.
The amendments to Rule 42 involve two issues: consolidation and venue transfer. The amendments clarify the powers of the district court to 1) consolidate two or more cases from any district in the state, 2) transfer a case from any court to any other court in the state, or 3) take either action as to just a portion of two or more cases. The amendments further mandate that cases filed in an improper venue be transferred to a proper venue when such is available. The venue amendments address the Supreme Court’s invitation in Footnote 4 of Davis County v. Purdue Pharma, L.P, 2020 UT 17.
Domestic Injunction Amendments
URCP005. Service and filing of pleadings and other papers. AMEND.
URCP109. Injunction in certain domestic relations cases. AMEND.
The amendments to Rules 5 and 109 address conflicting provisions between the two rules. The amendments to Rule 5 add an exception to allow specific rules to state who serves the petition. The amendments to Rule 109 require the petitioner, rather than the court, to provide a copy of the injunction to the respondent.
Posted: November 25, 2020
Code of Judicial Administration – Effective November 23, 2020
CJA Appendix J. Ability-to-Pay Matrix (AMENDED). In response to House Bill 206, the Uniform Fine and Bail Schedule has been replaced by the Uniform Fine Schedule and the Ability-to-Pay Matrix. The Ability-to-Pay Matrix provides recommended monetary bail amounts using the poverty guidelines and an individual’s risk of failing to appear in court. Setting monetary bail is a highly fact dependent decision. The recommended amounts do not reflect the maximum amount a judge may order. Judges should ordinarily impose monetary bail based on a person’s ability-to-pay. However, judges continue to have the same discretion to deviate from the recommended amounts as they had under the Uniform Fine and Bail Schedule, provided judges conduct an individualized assessment of ability-to-pay and risk.
Posted: November 19, 2020
Rules Governing the Utah State Bar – Effective November 12, 2020
USB14-0805. Admission for spouse of active military stationed in Utah. Proposed change in 14-805(a)(4)(A) requires military spouse applicants to pay the full application fee rather than half. Reason for the change is recent federal legislation that reimburses military spouses for the full application fee.
USB14-0715. Request for review. Proposed change in 14-715(e)(4) allows petitioners to submit a reply brief that is limited to the facts raised in the Bar’s response to the initial petition.
USB14-0705. Admission by motion and USB14-0719. Qualifications for admission of House Counsel Applicants. Changes to both rules permit House Counsel licensees to count time spent practicing in Utah with a house counsel license toward the time required for admission by motion.
Posted: October 27, 2020
Code of Judicial Administration – Effective November 1, 2020
CJA03-0104. Presiding Judges (AMEND). Defines “submitted” for purposes of the cases under advisement performance standard.
CJA03-0111. Performance Evaluation of senior judges and court commissioners (AMEND).Defines “submitted” for purposes of the cases under advisement performance standard, and states that senior judges and court commissioners can overcome a presumption against certification if they can show that their failure to comply with education requirements or the Code of Judicial Conduct was beyond their personal control.
CJA04-0202.02. Records Classification (AMEND). Minor’s names will be public in stalking injunctions. Reflects current practice.
CJA06-0507. Court Visitor (NEW). New rule outlining the appointment and role of court visitors, and establishing a process for review of court visitor reports.
CJA03-0407. Accounting (AMEND). Clarifies that “bail” refers to “monetary bail.” Amends examples of trust accounts to reflect the most common fund types.
CJA04-0609. Procedure for obtaining fingerprints and Offense Tracking Numbers on defendants who have not been booked in jail (AMEND). Clarifies that “bail” means release.
CJA010-01-0404. Attendance and assistance of prosecutors in criminal proceedings (AMEND). Clarifies that “bail” refers to “monetary bail.”
CJA04-0401.01. Electronic media coverage of court proceedings (AMEND). Clarifies that the rule applies to viewing proceedings by remote transmission. Eliminates the requirement for pool coverage. Any media who register may attend. Electronic access may be terminated for violations of the rule.
CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Defines court proceedings. Prohibits individuals from recording or photographing remote proceedings.