Author: Utah Courts

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Judicial Performance Evaluation Committee. Exempts the Guardian ad Litem Oversight Committee from sunset review.
CJA 02-0106.01. Goals of performance evaluation for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.02. Criteria for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.03. Information for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.04. Self improvement process. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.05. Administration of the performance evaluation program for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 03-0111. Performance evaluation of senior judges and court commissioners. New. Combines Rules 3-111.01 through 3-111.04 into one rule, describing the evaluation program applicable to senior judges and court commissioners.
CJA 03-0111.01 Goals of performance evaluation for certification for retention election. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.02 Judicial performance evaluation criteria. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.03 Standards of judicial performance. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.04 Evaluation and certification of judges and commissioners. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.05. Evaluation and certification of senior judges. Repeal.
CJA 03-0111.06. Administration of the judicial performance evaluation and certification program. Repeal.
CJA 03-0201. Court commissioners. Amend. Provides for uniform end of term of December 31.
CJA 03-0306. Court interpreters. Amend. Expand interpreter program to the remaining balance of the court’s casetypes.
CJA 04-0202.02. Records classification. Amend. Classify as private performance evaluation information from senior judges and court commissioners.
CJA 04-0601. Selection of indigent aggravated murder defense fund counsel. New. Establishes the process to be used to select pre-contracted attorneys from the roster maintained by the Indigent Defense Funds Board in aggravated murder cases.
CJA 06-0402. Records in domestic relations cases. New. Defines the records required for motions for temporary relief, alimony, child support, and child custody.

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Rules of Civil Procedure

URCP 058A. Entry of judgment; abstract of judgment. Amend. Resolves an inconsistency within the rule and directs that a judgment by confession will be signed by the clerk.

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Code of Judicial Administration

CJA 02-0103. Open and closed meetings. Amend. Clarify that a meeting can be closed to discuss the professional competence of an individual and add discussion of a non-public document as grounds to close a meeting.
CJA 04-0202.02. Records classification. Amend. Classify a record of a Children’s Justice Center investigative interview as a protected record before the conclusion of legal proceedings and as a sealed record after the conclusion of legal proceedings.
CJA 04-0202.06. Response to request to access or classify a court record. Amend. Incorporate amendments to GRAMA by HB 278 and HB 133. Require that, if a records request claims to qualify for an expedited response, the records custodian will, within 5 business days, respond or notify the requester that the request does not qualify. If the request is to access a record of a Children’s Justice Center investigative interview, refer to Section 77-37-4.
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Designate Manti as a state court operation rather than by contract with the county.
CJA 04-0702. Electronic citations required. New Require that citations filed after January 1, 2012 be filed electronically.
CJA 07-0308. Expungement procedures. Repeal. All provisions of this rule are contained in URJP 56 or Section 78A-6-1105.

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Rules of Professional Conduct

USBRPC 08.02. Judicial Officers. Amend. Prohibits knowingly making a false statement about the judicial system. Encourages lawyers to defend the judicial system.
The Advisory Committee on the Rules of Professional Conduct has withdrawn the proposed amendments to Rule 8.2 without submitting them to the Supreme Court.

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Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Provides for stay of dissemination of disciplinary information during the review period.
USB 14-0516. Dissemination of disciplinary information. Amend. Includes admonitions and public reprimands in the Bar Journal.
Petition to amend Rule 14-707 for a revised FBI background report deadline.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees. Amend. Extends the time in which applicants for admission to the Utah State Bar can obtain the mandatory FBI criminal background report.

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Rules of Court-Annexed ADR

URCADR 0101. Conduct of mediation proceedings. Amend. Clarifies the meaning of “good faith” to assure that the ADR rules regarding the confidentiality of mediation-related activities and communications are consistent with the 1995 Utah ADR Act and the more explicit confidentiality requirements of the 2006 Utah Uniform Mediation Act. Eliminates the potential that a court might conclude that the present language of Rule 101 permits judicial examination into what occurred during the course of a mediation upon the complaint that a party failed to participate in the mediation in “good faith”. The intent is to assure that the mediation container is maintained except in the narrow circumstances described in the 2006 Utah Uniform Mediation Act.
URCADR 0103. Confidentiality in nonbinding ADR proceedings. Amend. Clarifies the meaning of “good faith” to assure that the ADR rules regarding the confidentiality of mediation-related activities and communications are consistent with the 1995 Utah ADR Act and the more explicit confidentiality requirements of the 2006 Utah Uniform Mediation Act. Eliminates the potential that a court might conclude that the present language of Rule 101 permits judicial examination into what occurred during the course of a mediation upon the complaint that a party failed to participate in the mediation in “good faith”. The intent is to assure that the mediation container is maintained except in the narrow circumstances described in the 2006 Utah Uniform Mediation Act.

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Rules of Appellate Procedure

URAP 05. Discretionary appeals from interlocutory orders. Amend. The amendment states that petitions in criminal and juvenile delinquency cases shall be served on the Office of the Utah Attorney General.
URAP 23B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend. The amendment calculates the response time from the date of service and not the date of filing.
URAP 29. Oral argument. Amend. The amendments clarify the standards for continuing oral argument at the request of a party.
URAP 035. Petition for rehearing. Amend. Requires that a petition for rehearing include a copy of the decision. Effective June 1, 2010 under Rule 11-505. Subject to change after the comment period.
Supreme Court Order

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