Code of Judicial Administration – Effective May 1, 2019
UCJA06-0101. The Board of District Court Judges. Amend. Increases the Board composition from ten to eleven positions. Provides that the Fifth Judicial District now has its own Board position.
Author: Utah Courts
Posted: April 25, 2019
Posted: April 24, 2019
Rules of Civil Procedure – Effective May 1, 2019
URCP073. Attorney Fees. Amend. In response to McQuarrie v. McQuarrie, 2017 UT App 209, and Chaparro v. Torero, 2018 UT App 181, clarifies that all requests for attorney fees are governed by Rule 73, no matter when they are raised.
For more information on this rule, please visit the website of the Advisory Committee on the Rules of Civil Procedure at https://legacy.utcourts.gov/utc/civproc/.
Posted: April 23, 2019
Rules of Evidence – Effective December 1, 2017
URE0511. Insurance Regulators. Amended. The 2017 amendments reflect 2017 legislative changes to the underlying statute. Minor style and other non-substantive edits were also made.
Posted: April 1, 2019
Rules of Professional Conduct (LPP Amendments) – Effective May 1, 2019
Following the recent enactment of rules authorizing licensed paralegal practitioners, the Rules of Professional Conduct have been amended to address interactions between lawyers and licensed legal practitioners. “Legal professional” is now the umbrella term for lawyers and licensed paralegal practitioners.
RPC01.00. Terminology.
RPC01.07. Conflict of Interest: Current Clients.
RPC01.10. Imputation of Conflicts of Interest: General Rule.
RPC01.11. Special Conflicts of Interest for Former and Current Government Employees.
RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral.
RPC01.18. Duties to Prospective Client.
RPC02.04. Lawyer Serving as Third-Party Neutral.
RPC03.03. Candor toward the Tribunal.
RPC03.05. Impartiality and Decorum of the Tribunal.
RPC04.02. Communication with Persons Represented by Counsel.
RPC05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers.
RPC08.03. Reporting Professional Misconduct.
Posted: April 1, 2019
Rules Governing the State Bar, Rules Governing Licensed Paralegal Practitioners, and Licensed Paralegal Practitioners Rules of Professional Conduct – Effective May 1, 2019
Rules Governing the State Bar
USB14-0802. Authorization to practice law. The amendments to Rule 14-802 clarify that the forms an LPP may use are forms approved by the Judicial Council.
Rules Governing Licensed Paralegal Practitioners
URGLPP15-0510. Prosecution and appeals. The amendment to Rule 15-510 changes a cross reference to Standing Order No.7 to a cross reference to Rule 14-303.
Licensed Paralegal Practitioners Rules of Professional Conduct
LPP1.013. Organization as a client. Rule 1.13 is repealed because it governs when an LPP represents an organization as a client and an LPP may not represent an organization as a client.
LPP5.04. Professional independence of a licensed paralegal practitioner.
LPP6.01. Voluntary pro bono legal service.
The amendments to Rules 5.4 and 6.1 remove language that refers to an LPP representing an organization as a client. An LPP may not represent an organization as a client.
Supreme Court Order for USB14-0802
Supreme Court Order for URGLPP15-0510
Supreme Court Order for LPP’s 1.013, 5.04, and 6.01
Posted: April 1, 2019
Rules of Evidence – Effective May 1, 2019
URE0902. Amended. Evidence That is Self-Authenticating, adopt provisions similar to recently adopted FRE 902(13) and (14).
Posted: March 26, 2019
Rules Governing the Utah State Bar in the Supreme Court Rules of Professional Practice – Effective May 1, 2019
USB14-0106. Authority to engage in legislative activities.
The Fund for Client Protection rules were changed to add Licensed Paralegal Practitioners.
USB14-0901. Fund for client protection.
USB14-0902. Purpose and scope; establishment of Fund.
USB14-0904. Funding.
USB14-0907. Duties and responsibilities for the committee.
USB14-0908. Conflict of interest.
USB14-0910. Eligible claim.
USB14-0911. Procedures and form; responsibilities of claimants to complete form.
USB14-0912. Processing claims.
USB14-0913. Payment of reimbursement.
USB14-0915. Restitution and subrogation.
USB14-0916. Confidentiality.
Posted: March 25, 2019
Code of Judicial Administration – Effective May 1, 2019
CJA01-0205. Standing and Ad Hoc Committee. AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.
CJA02-0208. Publication and Distribution. AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”
CJA03-0103. Administrative Role of Judges. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.
CJA03-0104. Presiding Judges. AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.
CJA03-0106. Legislative Activities. AMEND – clarify options available to judicial council in response to legislative activities.
CJA03-0107. Executive Branch Policy Initiatives. AMEND – clarify options available to judicial council in response to executive initiatives.
CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.
CJA03-0413. Judicial library resources. AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.
CJA03-0501. Insurance Benefits Upon Retirement. AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.
CJA04-0202.09. Miscellaneous. AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.
CJA04-0403. Electronic signature and signature stamp use. AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners. Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.
CJA04-0405. Juror and Witness Fees and Expenses. AMEND – makes various revisions to align rule with current business practices at court and state level.
CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees. AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.
Posted: March 21, 2019
Rules of Juvenile Procedure – Effective May 1, 2019
URJP005. Amended. Makes revisions to the definition of “ungovernability” to comply with statutory changes, which became effective July 1, 2018. Corrects references to “child” rather than “minor.”
Posted: March 8, 2019
Rule Establishing Oversight Committee for the Office of Professional Conduct – Effective March 4, 2019
The Utah Supreme Court has adopted the following rule on an expedited basis as of March 4, 2019.
CJA11-0501. Oversight Committee for the Office of Professional Conduct. New. Establishes a Supreme Court oversight committee for the Office of Professional Conduct (OPC). Includes membership, committee member terms, meeting schedule, and committee purposes and responsibilities.
Chapter 11, Article 3
The Utah Supreme Court has also renamed Chapter 11, Article 3 as follows:
Article 3 was formerly called “Professional Conduct.”