Category: CJA04-0206

Approved Amendments to Utah Code of Judicial Administration

CJA3-102. Assumption of judicial office. (AMEND) Clarifies that the Judicial Council may extend the qualification time period for an appointee confirmed by the Senate when the judge the appointee is replacing has not ended their term.

CJA4-206. Exhibits. (AMEND) The proposed amendments reflect recent statutory changes concerning the receipt, retention, and exposal of court exhibits.

CJA4-101. Manner of Appearance. (NEW) The Supreme Court recently adopted rules of civil, criminal, and juvenile procedure identifying factors judges should consider when setting in-person, remote, and hybrid hearings. This rule is a companion rule addressing notice and compliance.

Judicial Council Order

Judicial Council Order

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2022

CJA04-0206. Exhibits. (Amend). For clarification purposes, “biological evidence” has been added to the non-exhaustive list of exhibits that will remain in the custody of parties during trial and a reference to Title 53, Chapter 20, Forensic Biological Evidence Preservation, has been added to paragraph (5) to draw parties’ attention to their responsibilities regarding disposal of biological evidence.

CJA09-0107. Justice court technology, security, and training account. (Amend). Following the creation of the Budget and Fiscal Management Committee, the approval process for allocations from the Justice Court Technology, Security and Training Account was modified. The approved amendments codify a change in practice that was implemented a few years ago.

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2021

CJA01-0205. Standing and ad hoc committees (AMEND)

The approved amendments changed the membership of the Standing Committee on Pretrial Release and Supervision.

CJA03-0415. Auditing (AMEND)

The approved amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.

CJA03-0419. Office of Fairness and Accountability (NEW)

Identifies the objectives of the Office of Fairness and Accountability and the duties of the Director of the Office of Fairness and Accountability.

CJA04-0206. Exhibits (AMEND)

The approved amendments address custody, disposal, and storage of physical and electronic evidence.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND)

The approved amendments allow JPEC to continue to use recordings to evaluate the performance of justice court judges subject to a basic evaluation.

CJA07-0302. Court reports prepared for delinquency cases (AMEND)

The Sentencing Commission released a new Juvenile Disposition Guide that does not provide specific recommendations for disposition, only factors that should be considered. The approved amendments align the rule with the statute regarding probation’s role in victim restitution (78A-6-117(j)(ix-x)) and the new Juvenile Disposition Guidelines.

Judicial Council Order

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Code of Judicial Administration

CJA 01-201. Membership – Election. Amend. Prohibits more than 2 successive terms on the Judicial Council.
CJA 01-204. Executive committees. Amend. Requires new committee chairs at least every 2 years.
CJA 01-205. Standing and ad hoc committees. Amend. Recognizes the court interpreter advisory panel as a standing committee. Establishes the Guardian ad Litem Oversight Committee. Establishes sunset dates for all standing committees. Effective February 28, 2005.
CJA 02-205. Emergency rulemaking procedures. Amend. Changes title to “expedited” rulemaking procedures.
CJA 03-102. Assumption of judicial office. Amend. Deletes requirement for inventory of personal property.
CJA 03-104. Presiding judges. Amend. Technical change to conform to other rules.
CJA 03-306. Court interpreters. Amend. Establishes the duties of the Court Interpreter Committee.
CJA 03-412. Procurement of goods and services. Amend. Changes references to statutes.
CJA 04-202. Purpose. New. Outlines the purposes served by open and closed court records. Effective November 1, 2005.
CJA 04-202.01. Definitions. Repeal & Reenact. Defines terms used in court rules regulating access to records. Effective November 1, 2005.
CJA 04-202.02. Records classification. Repeal & Reenact. Classifies court records as public or non-public. Effective November 1, 2005.
CJA 04-202.03. Records access. Repeal & Reenact. Identifies who has access to non-public court records. Effective November 1, 2005.
CJA 04-202.04. Request to access a record associated with a case; request to classify a record associated with a case. Repeal & Reenact. Establishes procedures for requesting access to a record associated with a case or for requesting confidential treatment of a case record. Effective November 1, 2005.
CJA 04-202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Repeal & Reenact. Establishes procedures for requesting access to a record not associated with a case or for requesting confidential treatment of an administrative record. Establishes procedures for requesting non-public records for research and procedures for using a data element as an index to the court’s database. Effective November 1, 2005.
CJA 04-202.06. Response to request to access or classify a court record. Repeal & Reenact. Establishes minimum requirements for responding to a records request. Effective November 1, 2005.
CJA 04-202.07. Appeals. New. Establishes procedures for reviewing an adverse decision. Effective November 1, 2005.
CJA 04-202.09. Miscellaneous. Amend. Permits a filer to redact sensitive information from pleadings. Requires vendors to comply with court policies regarding access to records. Effective November 1, 2005.
CJA 04-202.10. Record sharing. New. Established procedures for sharing non-public records with other governmental entities. Effective November 1, 2005.
CJA 04-202.12. Access to electronic data elements. Repeal. Eliminates distinctions between electronic data elements and public or non-public data generally. Effective November 1, 2005.
CJA 04-205. Security of court records. Amend. Technical changes. Effective November 1, 2005.
CJA 04-206. Exhibits. Amend. Changes requirements for record keeping and destruction.
CJA 04-408. Locations of trial courts of record. Amend. Recognizes West Jordan as a trial court location. Eliminates Sandy and West Valley.
CJA 04-408.01. Responsibility for administration of trial courts. Amend. Designate Kanab as a district court site for which the state contracts with the county.
CJA 04-906. Guardian ad litem program. Amend. Describes the duties of the Guardian ad Litem Oversight Committee. Establishes procedures for complaints against guardian ad litem attorneys and staff. Effective February 28, 2005.
CJA 07-304. Probation supervision. Amend. Adopts the probation risk assessment and restorative justice models for supervision of juveniles.
CJA Appendix F. Records retention schedule. Amend. Reduces retention period for civil judgments of money only. Treats alcohol related convictions the same as DUI conviction. Technical amendments.
Judicial Council Minutes.
CJA 11-101. Supreme Court’s rulemaking process. Amend. Changes title of subsection to “expedited” rulemaking procedures.
Supreme Court Order.
CJA 11-201. Senior judges. Amend. Permits senior judges to be active senior judges with an annual evaluation. Establishes a uniform reappointment date.
Supreme Court Order.
CJA 11-203. Senior justice court judges. Amend. Permits senior judges to be active senior judges with an annual evaluation. Establishes a uniform reappointment date.
Supreme Court Order.

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