Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
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Posted: November 30, 2017
CJA11-101 Amend. The first proposed amendment will allow for emeritus members of the Supreme Court’s rules advisory committees. The second amendment will allow a member to serve up to four terms if any of those terms are as chair.
Posted: November 27, 2017
Utah Rules of Civil Procedure
URCP063 Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Rules of Criminal Procedure
URCrP029 Disability or disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Code of Judicial Administration
CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.
Posted: November 22, 2017
CJA011-0401 New Rule 11-401: To establish a standing committee to assist the Board of Appellate Court Judges to determine a roster of attorneys eligible for appointment to represent indigent parties on appeal to the Utah Supreme Court and the Utah Court of Appeals.
Posted: August 28, 2017
Posted: August 1, 2017
CJA 01-0201 Membership – Election. Amend. Changes the term start date for new Judicial Council members from the October Judicial Council meeting to the Judicial Council meeting immediately following the annual judicial conference.
Posted: July 10, 2017
CJA 03-111. Performance evaluation of senior judges and court commissioners. Amend. 1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; and 3) moves the Judicial Council’s certification process from August to July.
CJA 03-201. Court commissioners. Amend. Clarifies 1) how the districts and court levels that a commissioner will serve will be represented on the court commissioner nominating committee; 2) how a commissioner is selected if they will serve more than one judicial district or court level; 3) that the commissioner certification process addresses retention, not removal; 4) that when a commissioner serves two districts or court levels, the presiding judges will each prepare performance evaluations and performance plans; and 5) how the commissioner public comment period results are reviewed and used.
Posted: March 10, 2017
CJA 11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.
CJA 11-0201. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
CJA 11-0203. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
Posted: February 28, 2017
CJA 4-0202.09 . Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.
Posted: February 17, 2017
CJA 11-0103 Amend. This amendment would require the advisory committees to present first to the Supreme Court any proposed rule amendment for public comment and would shorten or dispense with the public comment period in certain exigent circumstances.
Posted: January 27, 2017
CJA 09-301 Record of arraignment and conviction. Repeal. The Court of Appeals has determined that failure to follow this rule does not affect the validity of a plea or conviction with respect to enhancements. State v. Gonzales, 2005 UT App 538, 127 P.3d 1252. The rule is also redundant to other rules and statutes. See, e.g., URCrP Rule 11, CJA Rule 4-609, UTAH CODE § 53-10-208.1.