To establish Supreme Court committees and procedures to govern those committees.
This rule will apply to the Supreme Court, the Administrative Office of the Courts, and the Supreme Court committees.
Statement of the Rule:
(1) Establishment of committees. There is hereby established a Supreme Court advisory committee in each of the following areas: business and chancery court procedure, civil procedure, criminal procedure, juvenile court procedure, appellate procedure, evidence, and the rules of professional conduct. The Supreme Court may establish ad hoc or oversight committees. The Supreme Court will designate a liaison to each committee.
(2) Composition of committees. The Supreme Court will determine the size of each committee based upon the workload of the individual committees. The committees should be broadly representative of the legal community and should include practicing lawyers, academicians, and judges. Members should possess expertise within the committee’s jurisdiction. A committee may also have up to two nonvoting emeritus members. An emeritus member has the same authority and duties as other committee members, except that such member will have no authority to vote. An emeritus member may serve two terms in addition to the terms served as a member.
(3) Application and recruitment of committee members. Vacancies on the advisory committees will be announced in a manner reasonably calculated to reach members of the Utah State Bar. The notice will specify the name of the committee that has the vacancy, a brief description of the committee’s responsibilities, the method for submitting an application or letter of interest, and the application deadline. Members of the committees or the Supreme Court may solicit applications for membership on the committees. Applications and letters of interest will be submitted to the Supreme Court.
(4) Appointment of advisory committee members and chair. Upon expiration of the application deadline, the Supreme Court will review the applications and letters of interest and appoint those individuals who are best suited to serve on the committee.Members will be appointed to serve staggered three-year terms, unless the Supreme Court determines that terms of less than three years are appropriate for the needs of the committee.In the event of a mid-term vacancy the Supreme Court will appoint a new member to serve for the remainder of the term. The Supreme Court will select a chair from among the committee’s members. The Supreme Court may select a vice-chair from among the committee’s members. No member may serve more than two full consecutive terms on the committee unless appointed by the Supreme Court as the committee chair, vice-chair, or when justified by special circumstances, such as an academician or court staff attorney. Generally, members appointed as chair or vice-chair may serve only one term in each leadership position, not to exceed two additional terms. Judges who serve as members of the committees generally will not be selected as chairs. Committee members will serve as officers of the court and not as representatives of any client, employer, or other organization or interest group. At the first meeting of a committee in any calendar year, and at every meeting at which a new member of the committee first attends, each committee member will briefly disclose the general nature of his or her legal practice.
(5) Absences. In the event that a committee member fails to attend three committee meetings during a calendar year, the chair may notify the Supreme Court of those absences and may request that the Supreme Court replace that committee member.
(6) Administrative assistance. The Administrative Office of the Courts will coordinate staff support to each committee, including the assistance of the Office of General Counsel in research and drafting and the coordination of secretarial support and publication activities.
(7) Recording secretaries. A committee chair may appoint a third-year law student, a member of the Bar in good standing, or a legal secretary to serve as a recording secretary for the committee. The recording secretary will attend and take minutes at committee meetings, provide research and drafting assistance to committee members and perform other assignments as requested by the chair.